How do I get a divorce in Japan?

Divorce in Japan can occur in four ways: mutual consent (most common, by signing and filing at city hall), family court mediation, family court judgment, or district court litigation. Grounds include infidelity, abandonment, violence, or irreconcilable breakdown. Custody of children is granted to one parent, and financial support, property division, and pensions are settled by law.

What are the laws on child custody in Japan?

In Japan, child custody (shinken) is granted to only one parent after divorce, unlike joint custody in many countries. The court decides based on the child’s best interests, considering stability, caregiving history, and financial ability. The custodial parent has sole authority over education, residence, and healthcare, while the other parent may be granted visitation rights.

How can I apply for a work visa in Japan?

To get a work visa in Japan, you need a job offer from a sponsoring employer. The employer applies for a Certificate of Eligibility (COE) from immigration. Once issued, you apply for the visa at a Japanese embassy/consulate with the COE, passport, and forms. After arrival, you receive a residence card. Visa type depends on job category, like Engineer, Instructor, or Skilled Labor.

What are the key differences between Japanese and Western employment contracts?

Japanese employment contracts often emphasize long-term job security, loyalty, and company culture, with lifetime employment and seniority-based pay still influential. Western contracts are typically more flexible, performance-based, and clearly define termination terms. In Japan, contracts may be less detailed, relying on unwritten expectations, while Western ones stress individual rights and obligations.

How do civil lawsuits work in Japan?

Civil lawsuits in Japan start with filing a complaint at the district court. The defendant submits an answer, followed by written exchanges and hearings. Judges actively guide proceedings, encouraging settlement. If unresolved, the court issues a judgment. Appeals are allowed. Cases rely more on documents than oral testimony, and litigation is generally slower and less adversarial than in Western systems.

What are the laws on data privacy and personal information protection in Japan?

Japan’s Act on the Protection of Personal Information (APPI) regulates data privacy. It requires businesses to obtain consent for collecting, using, or transferring personal data, ensure security, and disclose purposes of use. Individuals have rights to access, correct, or delete their data. Cross-border transfers need adequate safeguards. Non-compliance may result in fines or orders.

How can a foreigner get a patent or trademark in Japan?

A foreigner can obtain a patent or trademark in Japan by filing through the Japan Patent Office (JPO). Non-residents must use a registered Japanese patent/trademark attorney (benrishi). Patents require novelty and inventive step; trademarks must be distinctive. Applications are examined, published, and, if approved, registered. Rights last 20 years for patents and 10 years (renewable) for trademarks.

What is the legal difference between a GK (Godo Kaisha) and a KK (Kabushiki Kaisha) company?

A GK (Godo Kaisha) is a limited liability company, flexible, cheaper to set up, and often used by small businesses or foreign subsidiaries. A KK (Kabushiki Kaisha) is a joint-stock company, more formal, requiring stricter governance and disclosure, but it has higher credibility and is preferred for larger businesses, investors, and public listings in Japan.

What is the law regarding child custody after a divorce in Japan?

In Japan, after divorce, only one parent is granted custody (shinken). The court decides based on the child’s best interests, considering stability, caregiving history, and welfare. The custodial parent has sole authority over residence, education, and healthcare, while the non-custodial parent may receive visitation rights. Joint custody after divorce is not permitted.

What should a foreigner do if they are arrested in Japan?

If arrested in Japan, a foreigner should remain silent, request a lawyer immediately, and contact their embassy or consulate. Police can detain suspects for up to 23 days. Lawyers can assist with interrogations, bail applications, and court proceedings. Cooperation is important, but giving statements without legal advice can be risky under Japan’s strict criminal procedures.

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Buying real estate in Japan involves: choosing a property, signing a purchase agreement, paying a deposit (usually 10%), and conducting due diligence. Foreigners face no ownership restrictions. A judicial scrivener registers the property with the Legal Affairs Bureau. Buyers must also pay registration tax, stamp duty, agent commission, and property acquisition tax.

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