International Divorce, Child Custody, and Inheritance
I assist foreign clients with family law matters involving Japan, including divorce, child custody, and inheritance across borders. I will guide you step by step through the process and help you find a practical solution.
International Divorce & Child Custody
International divorce can become complicated when the couple has different nationalities, lives in different countries, or has children with ties to more than one country. Questions often arise such as:
- Which country’s law applies to the divorce?
- In which country should I file for divorce?
- How will child custody and visitation be decided?
- How will the marital property be divided?
I support foreign clients in navigating these challenges, explaining the procedures step by step, and working toward a practical solution.
International Inheritance (Wills, Probate, Estate Planning)
Inheritance can also become complex when family members or assets are located in more than one country. Japanese law may apply to property located in Japan, while foreign law may apply to assets abroad.
Typical questions include:
- Which country’s law governs the inheritance?
- Should I prepare a will, and if so, in which country?
- In which country do I need to take legal proceedings after an inheritance occurs?
- What tax issues should I be aware of?
I assist foreign clients in handling inheritance matters involving Japan, and when necessary, I work closely with tax professionals to ensure compliance and smooth distribution of assets.
- Case 1: International Divorce
I assisted a Japanese–foreign couple in divorce mediation proceedings. The main issues were child custody — including visitation rights and potential international relocation — as well as property division. After careful negotiation, the couple reached an amicable settlement.
- Key Point:
Most international divorce cases can be settled amicably through mediation, but custody and visitation matters require careful preparation and legal guidance.
- Case 2: Wills
I prepared wills for an American husband and his Japanese wife. The husband also had assets in the U.S., so we needed to consider property in both countries, as well as inheritance taxes and the receipt of U.S. Social Security benefits and a 401(k).
- Key Point:
It is generally advisable to prepare wills in each country where you hold assets. However, care must be taken to ensure that a later will does not unintentionally revoke an earlier one.
If you are facing divorce, inheritance, or other family matters involving Japan, please feel free to contact me. I will guide you through the process and work with you to find the best possible solution.