Divorce

2021/07/16Divorce

Divorce in Japan and Applicable Law

Answer from a attorney

Q: I’m Japanese citizen, but my spouse is non-Japanese. Though we are thinking of divorce, which country’s law should be applied to our divorce?

A: In a case where married couple’s nationalities are different, you need to check which law should be applicable law in your case in terms with legal cause and effect of divorce. Regarding it, the law named Act on General Rules for Application of Laws stipulates as follows.
Article 25 (Effect of Marriage)
The effect of a marriage shall be governed by the national law of the husband and wife if their national law is the same, or where that is not the case, by the law of the habitual residence of the husband and wife if their law of the habitual residence is the same, or where neither of these is the case, by the law of the place most closely connected with the husband and wife.

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