Japanese civil code stipulates several requirements of getting married. First, in order to getting married, the husband shall be over 18 years old, and the wife shall be over 16 years old . If either partner is under 20 years old, permission from at least one of his or her parents is necessary to overcome the age requirement . Second, only a woman cannot get married within six months of the dissolution of her previous marriage . It is said that this provision is aimed for avoiding duplication over assumption of paternity . However, the provision can be overbreadth for the government interest, thus it is now pending to the Supreme Court’s decision . Lastly, because of social moral and eugenic point of view, marriage between close relatives
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Divorce in Japan
i. Types of divorce
a) Divorce by consensual agreement
There are multiple ways to getting divorced in Japan. Surprisingly, 90% of divorces are conducted by a mutual agreement of the parties . Divorce by agreement is the easiest way to get divorced in Japan. It only requires a mutual agreement of divorce and submission of divorce notice . A divorce finalizes by registration at municipal office and there is no waiting period system, just as same as getting married. Moreover, creating a separation agreement is not a requirement for a divorce. Therefore, there is no way to supervise the equitability of every arrangement by public authority.
b) Divorce by mediation
If the parties cannot agree regarding divorce and other arrangements upon divorce, they have to go through mediation. Divorce by mediation is an initial step for a contested couple . Approximately 8% of divorces are settled in the mediation. Mediators conducted hearings from each party, and they try to organize disagreements between the parties. When each party agrees the divorce, the family court judge finalizes a divorce agreement.
Mediation procedure is the prerequisite of filing the case to the family court for trial. When divorce cannot be established by mediation, the case moves into a trial at the family …show more content…
The initial jurisdiction of divorce trial is family court. If divorce cannot be established in the family court, application is made to the district court for a decision.
A divorce claim requires at least one reason of divorce which are stipulated in the civil code. The reasons are adultery, malicious abandonment, unknown life and death for at least three years, incurable insanity and irreconcilable differences . As to standings for family court trial, in past the spouse who makes fault had been strictly accused socially and judicially. Claiming divorce from fault spouse had not been long recognized, but in 1987 the Supreme Court admitted the claim for divorce by the fault spouse under specific requirements. The case has been still remained a good law, and it is recognized as the trend toward no-fault divorce in Japan . ii. Property division
Japanese civil code adopts the idea of marital separate property. Under a separate property system, each spouse has a right to manage his or her own property. Although, when it comes to divide marital property, assets obtained during marriage are divided equitably no matter whose name is on the title, even if either spouse had stayed at home and had not earned any
Divorce in Japan
i. Types of divorce
a) Divorce by consensual agreement
There are multiple ways to getting divorced in Japan. Surprisingly, 90% of divorces are conducted by a mutual agreement of the parties . Divorce by agreement is the easiest way to get divorced in Japan. It only requires a mutual agreement of divorce and submission of divorce notice . A divorce finalizes by registration at municipal office and there is no waiting period system, just as same as getting married. Moreover, creating a separation agreement is not a requirement for a divorce. Therefore, there is no way to supervise the equitability of every arrangement by public authority.
b) Divorce by mediation
If the parties cannot agree regarding divorce and other arrangements upon divorce, they have to go through mediation. Divorce by mediation is an initial step for a contested couple . Approximately 8% of divorces are settled in the mediation. Mediators conducted hearings from each party, and they try to organize disagreements between the parties. When each party agrees the divorce, the family court judge finalizes a divorce agreement.
Mediation procedure is the prerequisite of filing the case to the family court for trial. When divorce cannot be established by mediation, the case moves into a trial at the family …show more content…
The initial jurisdiction of divorce trial is family court. If divorce cannot be established in the family court, application is made to the district court for a decision.
A divorce claim requires at least one reason of divorce which are stipulated in the civil code. The reasons are adultery, malicious abandonment, unknown life and death for at least three years, incurable insanity and irreconcilable differences . As to standings for family court trial, in past the spouse who makes fault had been strictly accused socially and judicially. Claiming divorce from fault spouse had not been long recognized, but in 1987 the Supreme Court admitted the claim for divorce by the fault spouse under specific requirements. The case has been still remained a good law, and it is recognized as the trend toward no-fault divorce in Japan . ii. Property division
Japanese civil code adopts the idea of marital separate property. Under a separate property system, each spouse has a right to manage his or her own property. Although, when it comes to divide marital property, assets obtained during marriage are divided equitably no matter whose name is on the title, even if either spouse had stayed at home and had not earned any