Japan

kyogi rikon todoke

English translation

Kyogi Rikon (Consent Divorce)

Jeremy Morley

Divorce by consent in Japan (kyogi rikon) is provided for in Article 763 of the Civil Code of Japan.

The divorce is effectuated by the filing and acceptance (juri)by a local municipal official of this form (in Japanese) containing the information required pursuant to Article 76 of the Kosekiho (Family Registration Law) and Article 764, 765 and 739 of the Civil Code.

The statutory laws provide that both parties and two witnesses should sign the form and that the registration should not be accepted unless it is confirmed that the registration complies with such provisions, but that if the divorce registration is accepted in contravention of the signature and witness provisions, this would not invalidate the divorce. The Supreme Court of Japan ruled in 1949 that if the divorce is based on a party' consent, his or her signature or seal could be done by another person acting on his or her behalf and it was not absolutely required that the parties themselves attend the government office personally. (Supreme Court decision of January 31, 1949, 553 Hanrei Jiho 47).