It is advisable to devise strategies before getting divorced. Foreign nationals who are contemplating the possibility of divorcing in Japan should consider the following issues.
Is the jurisdiction of the Family Court in Japan available or not?
Which laws will apply to the divorce, distribution of matrimonial property, child support, spousal maintenance, and so on?
Is Japanese divorce by mutual consent recognized under the laws of the foreign national’s home country?
In cases where it is not recognized, we recommend that clients divorce through Family Court proceedings in Japan instead.
Is filing a divorce suit in the Family Court in Japan advantageous for the client or not?
In some cases, Japanese divorce procedures will not serve the client’s best interests. For example, if there are strong methods for enforcing the payment of child support in the client’s home country, then it may be better to divorce there, provided that country has jurisdiction in relation to the case. Another example would be where most of the matrimonial property is located in another country. It may be difficult to execute an order by the Japanese Family Court in another country if one of the parties refuses to comply.