A: A divorce granted by law in one country is generally recognized in the United States as long as the parties were present at the proceedings, at least one party resided in the country of jurisdiction, and the recognition of the divorce does not violate strong U.S. public policy. Read on to find out how property is divided under Japanese law after a divorce. First, let`s define two key terms that are important for your understanding of the following article. Financial matters: According to Article 768 of the Japanese Civil Code, the Family Court has jurisdiction to divide the property of the parties if a party files a collateral claim in a divorce case requesting the court to exercise jurisdiction to do so, and the parties are unable to agree on these matters. 768 para. Article 3 of the Civil Code gives the family court, prima facie, a very broad discretion in the exercise of its jurisdiction. Normally, assets are divided equally; However, we have gathered certain authorities in which the Japanese court has paid particular attention to the special talent and diligence of a spouse. Savoire was released a few weeks after his arrest and his charges were dropped. He returned to the United States. Legal experts concluded that events could have developed differently if Japan had ratified the Hague Convention on the Civil Aspects of International Child Abduction. It provides that if a divorced parent takes children out of the country, the remaining parent may apply to the government of that country for assistance in repatriating the child and that country is obliged to return the child. There are no forced visits.
Fathers are often denied access even if they pay child support. A divorce counselor told The Washington Post that children`s rights are a higher priority than parental rights, and that parental custody is less confusing than shared custody. In Japan, “children inherit a position as heads of household. It is not their individual identity that is cultivated by the parents, but by the successor of the house. Like many other democratic practices, the principle of equality between men and women was first enshrined in the entire legal structure of modern Japanese society in 1945. The Japanese people believed that ending a marriage by divorce for any reason meant a loss of face and honor. Many, especially among older generations, still cling to this belief. In this regard, the maintenance of the marital structure, even if the relationship between man and woman is practically broken, is socially acceptable and often the reason for not divorcing. In this context, the divorce rate remained low in the 1950s and 1960s, at less than 1.0 per 1,000. By the 1980s, the divorce rate had risen slightly to 1.5 per 1,000.
The most recent rate is not much different from the rate of the 1980s. There are important differences in these general statistics. The divorce rate for couples in their early twenties was 17.0 per 1,000 in 1985, more than ten times the overall average. For 40-year-old couples, the rate was 3.6 per 1,000, double the overall rate. In 1996, there were about 24 divorces per 100 Japanese marriages, compared with 32 per 100 in France, 42 per cent in England and 55 per cent in the United States (Kristoff, 1996a). ++ Joint custody of children ends with divorce. In the event of divorce by mutual consent, husband and wife must determine which parent has custody of each child. In other types of divorce, custody is determined by the mediator or judge, with custody strongly preferred by the mother (especially in the case of children born after the divorce).
If the couple has a minor child, the child`s birth certificate must be presented. The court may also require copies of the divorce parties` birth certificates or passports. Japanese citizens are generally required to provide a copy of the family register and residence certificate (Juminhyo). However, in the last 10 years, direct enforcement has been used more frequently, as an increasing number of bailiffs and judges consider it legally possible to apply the order to the transfer of children. While the number of divorces between couples with children remained at the same level for several years, the number of custody cases in family court increased to 1,203 in 2010, 4.5 times more than in 2000.