Prenuptial Agreements Japan

In Japan, it seems appropriate to accept that any marriage agreement is subject to a potential review of Japanese law and order. Japan has extremely detailed laws that resolve legal conflicts in international marriage agreements (see Parts I and II on conflicts of law). There is a conflict of law when there are two or more countries that might have an interest in the case or jurisdiction to decide a case and they have conflicting laws that apply to the case. International marriage agreements are often plagued by legal conflicts. As a general rule, there are at least two interested countries: the country in which the couple signed the agreement and the country that verifies the agreement. Because marital agreement laws often reflect countries` unique family law concerns, laws differ considerably from country to country. Japan Private International Law: Act on General Rules of Application of Laws (`law`) controls conflicts under international law in Japanese courts. The law contains two sections dealing directly with international marriage agreements. Under section 25 of the law, the court must apply the laws of the common nationality of the couple. If the couple does not have the same nationality, the court applies the law of the country in which the couple has their common residence.

Finally, if there is no common residence, then the court will apply the laws of the country most closely related to the couple. To ensure that the agreement complies with the laws of the country of application, couples should consult a lawyer experienced in Japan`s legal conflict principles. The idea of getting a law counselor before remarriage came from Silva, who had lived in the United States a decade ago. She said that she had met people who had entered into marital arrangements and that she was learning how it had helped them establish safe relationships. In Japan, section 26 of the General Application of Legislation Act (www.international-divorce.com/horei_law.htm) allows spouses who marry in Japan to choose the marriage regime that governs their marriage, provided that it is either the law of the country that has the nationality or the habitual residence of the spouse, or, with regard to the real estate, the law of the place of real estate. The same law also establishes that marital agreements are valid when they are concluded in accordance with the provisions of a foreign law and sets out a provision relating to the registration of foreign marriage agreements in Japan. However, Japanese men are more likely to use a marriage agreement to protect their assets after a split. The Japanese civil code also contains important provisions authorizing marital agreements. Section 755 states that „a couple`s property rights and obligations are imposed by the following subsections, unless they have entered into a contract for their property, in which they decide otherwise before registering the marriage.” The issue of international marriage agreements is littered with potentially lethal anti-personnel mines.