Team  SoOLEGAL

Japanese Parliament makes a law allowing Japanese courts jurisdiction over international divorces

Team SoOLEGAL 19 Apr 2018 4:33pm

Japanese Parliament makes a law allowing Japanese courts jurisdiction over international divorces

Tokyo: Japanese Parliament, The Diet has drafted a revised law allowing Japanese court jurisdiction over international divorces. Once the law comes into force in one and a half years time ,the Japanese court would be able to hear divorce cases involving Japanese nationals and foreign spouses. 

The revised law states that a lawsuit can be filed with a Japanese court if the defendant’s address is in Japan, if both husband and wife are Japanese nationals, or if a couple’s last common residence and the plaintiff’s current address is in Japan. However the courts may deny jurisdiction in case couple have lived separately for a long period of time and it is proved they did not have common residence in Japan.

This law was passed as in case of divorce involving foreign nationals and Japanese, it could not be determined if Japanese court had jurisdiction or not, which used to delay the entire legal process. This new law will help resolve this problem. According to the Justice Ministry, 634 divorce suits involving foreign nationals were filed in Japan in 2016.

The Japanese parliament has also enacted a revised law as per which even foreign national can file a plea with Japanese court if parents who are adopting or the children they are adopting are going to live in Japan.


 


Tagged: The Diet   Japanese Parliament   Divorce law  
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