Services

Divorce

１．How do divorce proceedings work in Japan?

In Japan, there are generally three kinds of divorce proceedings: (1) uncontested divorce (kyogi rikon), (2) arbitrated divorce (chotei rikon), and (3) adjudicated divorce (saiban rikon).
If both parties are in agreement on the terms of divorce, an uncontested divorce can be reached simply by submitting the appropriate divorce papers at the local government office.

If there is a dispute between the divorcing parties—for instance relating to child custody or the division of assets—and the dispute cannot easily be settled by the parties alone, the divorce must go (at first) through arbitration at the Family Court. If arbitration fails to result in agreement, the case goes to adjudicated divorce proceedings, again at the Family Court.
２．If I divorce in Japan, is the divorce valid in my home country, too?

Not automatically; you need to have the divorce approved in your home country as well. Note that many countries require the involvement of courts in divorce proceedings, so the uncontested divorce method described above may not be deemed valid in some countries. Therefore, we suggest you might want to avoid that method.
３．What will happen to my children? How are children treated under Japanese law and by Japanese courts?

If a Japanese person and a non-Japanese person divorce in Japan, the laws of Japan apply. Under Japanese law, custody of children is granted solely to one party or the other in a divorce—custody is not shared. Therefore, the party without child custody must try and remain involved in their children’s lives through parental visits. In this sense, the Japanese system differs from many other countries where joint custody is common.

When two non-Japanese people divorce in Japan, joint custody may be possible depending on which laws apply.
４．What will happen to my visa if I get divorced?

If your Japanese status of residence is “spouse of Japanese national,” you will need to change to another type of residence permit, e.g., long-term resident promptly after the divorce. Switching to a long-term resident status requires you to meet various criteria, but these can be relaxed if you are given parental authority over your children with a Japanese partner. However, if you do not get parental authority, switching to a long-term resident status becomes more difficult, even though you are the parent of the children, and you may need to suddenly change to another status of residence, such as a work visa. In some cases, it may be difficult for you to remain in Japan as soon as the divorce is finalized, so it is important to be aware of your residential status and the ramifications of divorce before beginning proceedings.
At Ueda Law Office, we partner with immigration experts and can help you with these issues as part of our divorce-related services.

Child Custody Disputes and the Hague Convention

The Hague Convention (formally, the Hague Convention on the Civil Aspects of International Child Abduction), is a convention that applies to the wrongful removal of children by one parent to another country, or the retention of children in another country, in violation of the other parent’s child custody rights. The convention has been in force in Japan since April 1, 2014, so if a child is abducted from a signatory country and brought to Japan, it is possible to petition a Japanese court for return of the child under the Hague Convention.

Petitions for return of children under the Hague Convention generally result in a ruling for the return of the children, but there are exceptions, such as when a child has been living in Japan for more than a year since abduction and has adapted to living in a Japanese environment. Therefore, it is better to make the petition promptly.
Hague Convention cases require specialized knowledge and experience, and not many lawyers will take on such cases. Kazuhiko Ueda is one of the few lawyers with that expertise and experience, and is able to offer advice and representation in cases of child abduction.
Contact us now to discuss your situation.

Traffic Accident Settlements

If you are the victim of a traffic accident in Japan, you may be able to demand compensation from the other party for damage you incurred as a result of their unlawful actions. Typically, the offender’s insurance company settles with the victim on behalf of the offender, but sometimes the proposed settlement terms are disadvantageous. We recommend you consult a lawyer to make sure that the settlement is appropriate.

Contract Drafting & Checking; Japanese Legal Advice

Contracts are a common part of living in Japan, but it is natural to be hesitant to sign an agreement without knowledge of Japanese law. What you might take for granted under your home country’s legal system may be very different in Japan, and those distinctions mean your contract may contain clauses that are normal here but surprising to you. Having a lawyer check your contract in the context of Japanese law, explain it to you in simple terms, and offer advice can help ease those fears and enable you to make better decisions.

Employment Issues

１． I was suddenly fired by my employer. Can they just do that?

Probably not. Japan’s labor laws provide protections for workers and restrict employers’ ability to fire employees, so it is possible that your dismissal will be ruled invalid.
In any case, employment issues are closely linked to your visa status, so contact us now to discuss your situation.

Criminal Law

What would you do if a member of your family was suddenly arrested? Such a situation is unlikely, of course, but not impossible. The first thing for a non-Japanese person to do in this situation is find out the charges on which the arrest is based because some crimes are grounds for deportation. If your family member is kept in custody for a long time, they may overstay their visa, meaning that even if they are given a suspended sentence, they may be incarcerated in an immigration facility as an overstayer.
If a family member is arrested, consult a lawyer as soon as possible.

Residence Permit Procedures

Foreign nationals need the right residence permit to stay in Japan. Changes in personal circumstances—such as divorce, resigning from a job, or being charged with a crime—may require a change in your status of residence. Contact us now if you need help sorting out your residence status.

At Ueda Law Office, we can help with many of the administrative procedures that are a common part of Japanese life but that the foreign community often finds difficult and confusing, including pensions, health insurance, unemployment insurance, and relocation. Contact us now, in English or Japanese, and let us guide you through the red tape.

Consultancy Contracts

Japan’s corporate laws are dauntingly complex, and having a skilled, experienced lawyer on hand can help you avoid nasty surprises. Prudent businesspeople know that planning for risks in advance is far better—and more cost effective—than waiting for eventualities to arise before reacting. If you want to avoid being caught unprepared and unprotected, contact us now and ask about our consultancy contracts.

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