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Divorce and related issues

Here we would like to explain to you about general information on divorce and related issues under Japanese family law and our service for solution and costs.

General information

How to get divorced: Types of Divorce

Divorce in Court

As for divorce procedure at court, Japanese family law requires to file for mediation prior to divorce suit. The divorce mediation is held by a mediation committee consists of three mediators, including a judge and a male and a female mediators. A family court that has jurisdiction over the territory where respondent resides deals with the case unless otherwise the parties agree. The mediation starts about a month or more after filing necessary documents with a family court and holds mediation session about an hour or more per session usually once in a month. Always the mediators other than the judge attend the session and hear stories from each party in turns on backgrounds of the disputes and claims to the other party.

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Issues on Divorce

Our service for solution

For the client getting divorced by consent

We assist the client getting divorced by consent in deciding on terms of divorce, such as distribution of property, appointment of person with parental authority as well as payment of child support money. If the client agrees to execute a notarial deed between the parties, we assist in drafting the notarial deed and execution of the notarial deed at a notary public office on client’s behalf, if necessary.

For the client getting divorced in court

We assist the client getting divorced in court through attending the mediation together as taking a role as an interpreter, advising on terms of divorce for the client’s best and whether or not agreeable for the client; if the case goes to a divorce suit, we assist the client in drafting complaint or answer and briefs, preparing for production of evidence and examination in court as well as advising on settlement terms, if proposed, and whether or not the case to be appealed when the client lost the case.

Costs for solution

Filing fees due to the court

Filing fees for divorce mediation are 1,200 yen and the court requires petitioner to deposit some amount of postage in advance. Filing fees for divorce suit are 13,000 yen at the minimum and if the plaintiff also claims for distribution of property, child support money, and damages more than 1.6 million yen, the filing fees are increased.

Our service fees

We provide clients with service for hourly rate at 20,000 yen plus tax and in case of service for getting divorced in court, we would like to receive service fees for 10 hours in advance as initial retainer fees. Any other actual costs and expenses, such as application fees for obtaining certified copies of family register of a Japanese national, certified copies of residence certificate and any other official documents, postage, transportation expense, translation fees for any evidence written in other than Japanese language, will be additional.

In case of consulting for getting divorced by consent, please contact us for our fee arrangement.

Sakuma Law Office  3rd DMJ Bldg. 2nd Floor, 9-1 Kudan-Minami 3-chome, Chiyoda-ku, Tokyo 102-0074 JAPAN   Tel: +81-3-6272-6916   Fax: +81-3-6272-6917