If you’ve come across this blog because you want to learn about divorce procedures in Japan, the following information will be helpful.
1. First, there are 4 methods of divorce in Japan:
(1) Divorce by mutual consent(Kyogi Rikon)
(2) Divorce by mediation(Chotei Rikon)
(3) Divorce by ruling of a family court judge(Shinpan Rikon)
(4) Divorce by trial(Saiban Rikon)
Below is a brief explanation of each method.
2. (1) Divorce by Mutual Consent
In Japan, divorce by mutual consent is the most common method. If both spouses agree, they can proceed with this type of divorce.
According to Japanese law, submitting a divorce notification (rikon todoke) to the city or ward office makes the divorce official. This can be faster and less expensive method.
However, in some countries, divorces by mutual consent are not recognized. If you require a court procedure for your divorce, you’ll need to follow one of the methods outlined below.
(２) Divorce by mediation(Chotei Rikon)
（２）to（４）divorce methods all involve court procedures, but due to Japan’s conciliation-first principle, it is mandatory to undergo mediation before proceeding to court. If you wish to divorce, you must first file a divorce mediation petition with the family court.
Mediation Process
During mediation, neutral mediators (usually one male and one female) listen to both parties and facilitate discussions about the terms of the divorce. Mediation sessions at the family court are usually held about once a month. However, at the Tokyo Family Court, due to the recent increase in mediation cases, sessions are now held once every two to three months.
Divorce mediation is conducted in private. Since no one is allowed to observe the proceedings, you can speak freely about your opinions and the realities of your marriage with peace of mind.
If both parties reach an agreement, the mediation is finalized, and the terms are officially recorded.
If Mediation Successes
Once divorce mediation is finalized, promptly take the mediation record issued by the family court to the city or ward office and submit your divorce notification. The submission period is within 10 days after the mediation is finalized.
If Mediation Fails
If an agreement cannot be reached during mediation, the case will proceed to (3) divorce by ruling or (4) divorce by trial. At this stage, a family court judge will decide whether there are grounds for divorce and determine the conditions.
Language Support and the Need for a Lawyer
In all procedures, hiring a lawyer is not legally required, but it is highly recommended.
Since communication with mediators is conducted in Japanese, those who are not confident in their Japanese skills may feel uncertain about whether their opinions are being accurately conveyed. Hiring a lawyer who understands your position and can present it legally and effectively will allow you to proceed with the divorce process with greater peace of mind.
Thank you for reading.
