Family Matters

My service area covers all Japan as recently many proceedings can be taken through video /  conference. Please click here for my profile.

International divorce

I have represented many foreigners in divorce cases in Japan. Representation includes negotiation out of court and representation at court mediation and litigation. 

If your spouse is a Japanese citizen living in Japan, most likely Japanese law will be applied to various aspect of your divorce, including if you can get divorced or not, what proceedings you need to take and how to divide the marital property. For more detail, please refer to the article explaining divorce and child custody in Japan.

Wills and international inheritance

I have assisted many foreigners in inheritance cases in Japan. In some cases, there is no real dispute between the heirs but you just need to prepare documents required by Japanese banks to withdraw the money and divide it between the heirs. Foreign heir will need to prepare equivalent of what banks usually require Japanese heirs to prepare. 

In some cases, there is real dispute between the heirs and you need to negotiate how to divide the assets outside the court or at the court. If the deceased is a Japanese citizen, estate will be generally divided in accordance with Japanese law (the ratio of your share will be based on Japanese law). For more detail, please refer to the article explaining inheritance without a will in Japan. 

Child custody cases

If your spouse is Japanese and your child has dual citizenship including that of Japan, most likely Japanese law will be applied to your case. Japanese law on child custody is very unique in that only one parent gets the parental right after divorce and the other parent gets visitation right. 

That said, when I represent a foreign client, I will negotiate hardly so that the parties can agree to reflect some aspect of the law of your home country to their arrangement on child custody. In all of the international cases I have handled, the parent which did not get the parental right has got more frequent visitation than the Japanese practice.

Cases under Hague Convention on the Civil Aspect of International Child Abduction

I have acted as a mediator, attorney representing Left Behind Parent (LBP) and attorney representing Taking Parent (TP) for return cases under Hague Convention. I also handle visitation cases. 

Japan has ADR (Alternative Dispute Resolution) system for Hague Convention cases, which can be used by financial support of Central Authority in most cases. Many parties decide to try ADR first before starting a legal proceeding at court, but I would advise parties to at least consult a lawyer (not necessarily be represented by a lawyer) at the ADR stage.

My service area covers all Japan as recently many proceedings can be taken through video / telephone conference. Please click here for my profile.