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Japan Divorce Guide: Laws, Process & Costs

Everything you need to know about divorce in Japan.10 in-depth guides covering your rights, costs, and options.

Legal System

Civil law

Divorce Type

Mutual consent (kyōgi rikon) — 90% of divorces; or judicial

Waiting Period

None for mutual consent

Average Cost

¥0–¥1,000,000+

Property System

Equal division of marital property acquired during marriage

Residency

Residence in Japan (or Japanese national)

Divorce Law in Japan: Overview

Japan has one of the world's most unique divorce systems. Approximately 87% of divorces are 'kyōgi rikon' (divorce by mutual agreement) — the couple simply fills out a one-page form at the local ward office (yakusho), stamps it with their personal seals (hanko), and they are divorced. No court. No lawyer. No judge. No cost beyond a few hundred yen for the form. The flip side is that Japan was the last major developed economy to have sole custody only — one parent gets all custody rights, and the other may have no legal right to see the children. Historic joint custody reforms began in 2024.

Key Legislation

Civil Code (Minpō) Articles 763-771

Divorce provisions: agreement, mediation, and judicial divorce.

Civil Code Article 819

Sole custody rule — only one parent can have parental authority. (Reform underway)

Family Court Act

Governs family court mediation (chōtei) and adjudication.

2024 Custody Reform Bill

Introduces option for joint custody — the most significant family law reform in decades.

Grounds for Divorce

  • Kyōgi rikon (agreement): no grounds needed — both sign the form
  • Chōtei rikon (mediation): mandatory step before litigation
  • Saiban rikon (judicial): adultery, malicious abandonment, 3+ years missing, severe mental illness, or 'grave reasons'

How to Divorce in Japan: Step-by-Step

1

Kyōgi rikon (mutual agreement)

Both spouses sign divorce notification (rikon todoke). Submit at ward office. Done in 5 minutes.

2

If no agreement: chōtei (mediation)

Mandatory family court mediation. Mediators help negotiate terms.

3

If mediation fails: shinpan (adjudication)

Family court judge decides. Rare — used when mediation nearly succeeded.

4

Last resort: saiban (trial)

Full litigation in family court. Must prove statutory grounds. Can take years.

Recent Legal Reforms

2024

Joint custody reform bill passed — first time in Japanese history joint parental authority will be available.

2021

Online submission of divorce notifications piloted.

2019

Japan signed (but ratification pending) Hague Convention on child abduction — international pressure on custody practices.

What Makes Japan Divorce Unique

  • 87% of divorces completed by filling out a one-page form — no court, no lawyer, no cost
  • Sole custody only (until 2024 reform): one parent gets all rights, other may lose all contact
  • Isharyō: 'consolation money' paid by the spouse at fault — a form of damages, not alimony
  • Hanko (personal seal): required on divorce documents instead of signature
  • International child abduction cases have been a major diplomatic issue due to sole custody system

Japan Divorce Statistics

~35% of marriages

Divorce rate

~87% of all divorces

Agreement divorces

~10%

Mediation divorces

~2-3%

Judicial divorces

~84% of cases

Mother gets custody

Japan Divorce Guides

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Legal Disclaimer: This article covers Japan divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Japan for advice specific to your situation.