Divorce in Japan: Custody, Property and Prenups Explained

We all hope for a happy marriage. That said, the rate of divorce in Japan hovers around 35%, meaning that around one out of three married couples separate. According to the Ministry of Internal Affairs and Communications, almost 180,000 couples divorced in 2022 alone. Looking globally, Japan ranks 48th out of 125 countries for the highest rates of divorce.  

Types of Divorce in Japan

There are three main types of divorce in Japan, each with different procedures and legal requirements.

Divorce by Agreement

In 2021, about 86% of divorces in Japan happened through mutual agreement, known as kyōgi rikon (協議離婚). In this type of divorce, both spouses agree to end the marriage and fill out a rikon todoke (離婚届, divorce notification form). Two witnesses must sign the form, and the couple submits it to the local city or ward office.

Although Article 763 of the Civil Code says both spouses must consent, some people have submitted the rikon todoke without their partner’s knowledge—sometimes even deciding child custody alone. These cases have led to spouses being unknowingly divorced and separated from their children.

To prevent this, individuals can file a rikon todoke fujuri mōshide (離婚届不受理申出), a document that blocks anyone else from filing a divorce on their behalf.

Divorce by Mediation

When couples can’t agree on issues like property division, child custody, or the divorce itself, they must go through chōtei rikon (調停離婚), or divorce by mediation. This is the second most common type of divorce in Japan, accounting for about 10% of cases in 2021.

Mediation takes place at a family court and is led by two mediators—typically one man and one woman. Although a judge oversees the process, they may not be present during the sessions. Each spouse speaks separately with the mediators, and the couple does not meet face-to-face.

Mediators aren’t necessarily legal professionals, but they often have training and come from various professional backgrounds. It’s a good idea to bring an attorney to protect your interests. If both parties reach an agreement, the judge writes a report that carries the same legal weight as a court ruling.

Divorce by Litigation

If mediation fails, the couple must proceed to saiban rikon (裁判離婚), or divorce by litigation. This is the least common route, making up only 1–2% of divorces in Japan.

Before the court makes any decisions about custody or finances, it must determine if there are valid legal grounds for divorce. These include:

• Adultery (不貞行為, futei kōi)
• Abandonment (悪意の遺棄, akui no iki)
• One spouse has been missing for at least three years, and their status (alive or dead) is unknown.
• One spouse has a serious mental illness with little hope of recovery.
• Other circumstances that make it difficult to continue the marriage (婚姻を継続し難い重大な事由, kon’in o keizoku shigatai jūdaina jijū).

What Happens to Children in a Divorce?

As of now, Japan does not allow joint custody after divorce. Under the current legal framework, one parent receives sole custody (単独親権, tandoku shinken), giving them full authority over the child’s upbringing, including decisions about education, healthcare, and residence.

However, beginning in 2026, the Civil Code will be revised to permit both sole custody and joint custody (共同親権, kyōdō shinken). 

Supporters of the change say it allows both parents to stay involved in their children’s lives. Critics argue that joint custody could prolong abusive or harmful relationships since both parties remain legally connected.

Until this change takes effect, custody arrangements depend on the type of divorce:

• In a kyōgi rikon (協議離婚), the couple decides who will receive custody, how finances and child support will be handled, and what visitation rights will be allowed. These agreements are informal unless registered with the court.
• If no agreement can be reached, the issue goes to family court mediation. If mediation fails, the court will make a legally binding decision. In most cases, custody is awarded to the mother. The court may also determine child support payments and visitation terms.

Child Support and Visitation

The non-custodial parent must pay child support (養育費, yōikuhi), usually based on a family court’s calculation that takes into account both parents’ incomes and the number of children.

However, enforcement remains limited. Many custodial parents—usually mothers—receive little or no financial support. While legal options exist to demand payment, results often vary.

Visitation rights (面会交流, menkai kōryū) also lack strong enforcement. Courts may set minimum contact requirements between the child and the non-custodial parent, but few systems exist to ensure compliance.

What Happens to Assets in a Divorce?

During a divorce in Japan, both spouses must divide their shared assets. These shared assets—known as kyōyū zaisan (共有財産)—include anything acquired during the marriage, such as real estate, vehicles, savings, investments, and money in bank accounts. Even if one spouse registers an item in their name, like a home titled solely to the wife, the law generally still treats it as marital property.

On the other hand, the law usually treats assets that one spouse owned before the marriage or received individually through inheritance or gifts as tokuyū zaisan (特有財産), or separate property, and does not divide them.

What About Debts?

Just like assets, both spouses generally share debts accumulated during the marriage—regardless of who borrowed the money. For example, if one spouse took out a loan in their name to cover a household expense, both may end up responsible for repaying it.

Pension Division 

Japan allows for the division of employee pensions through a system called kōsei nenkin no bunkatsu (厚生年金の分割). If one spouse worked as a salaried employee while the other did not, the non-working spouse may claim up to 50% of the employee pension contributions made during the marriage.

This division applies only to the kōsei nenkin (厚生年金) portion, not the kokumin nenkin (国民年金, National Pension). The request must be filed within two years of the divorce. If the couple cannot agree, a family court can help determine the division.

Mediation and Court Decisions

As with many parts of divorce, couples are encouraged to settle property division privately. If they cannot reach an agreement, the issue is brought to mediation—or chōtei (調停)—at the family court. If mediation fails, the court will decide.

While the court does not automatically enforce a 50/50 split, this is often the standard outcome unless one side can prove they made a significantly larger financial or non-financial contribution.

Hidden Assets and Overseas Property

Legally, both spouses must disclose their full financial situation, but hidden assets are not uncommon in contested divorces. One spouse may attempt to hide income, bank accounts, or investments.

In especially complex cases, courts may authorize asset discovery or allow forensic investigations. Overseas assets—like foreign property or bank accounts—may also be considered shared if acquired during the marriage, but enforcing division can be legally and logistically challenging.

Cash at Home and Joint Accounts

It’s not unusual in Japan for couples to keep significant amounts of cash at home or in joint bank accounts. These funds are typically treated as part of the shared marital property and divided accordingly.

Special Considerations for Foreigners 

If you’re a foreign national divorcing in Japan—especially if your spouse is Japanese—there are a few extra legal and bureaucratic factors to consider.

Which Country’s Law Applies to the Divorce?

The law that governs your divorce depends on the nationalities involved. Here’s a general breakdown:

Note: If both spouses are foreign nationals, it’s wise to consult your respective embassies or consulates. Some countries may not recognize a Japanese divorce by agreement (kyōgi rikon) as legally valid without further steps.

Prenuptial Agreements in Japan

Prenuptial agreements—known in Japanese as konzen keiyaku (婚前契約), meaning “pre-marriage contract,” or kekkon keiyakusho (結婚契約書), meaning “marriage contract”—outline how spouses plan to handle assets, responsibilities, and expectations in the event of a divorce. Couples typically draft and sign these agreements before getting married.

While legal in Japan, prenups are relatively rare and not automatically enforceable. To be considered by a court, the agreement must:

• Be clearly written and signed by both parties
• Avoid violating Japanese public policy or law (公序良俗, kōjo ryōzoku)

Even when properly written, a family court may disregard parts of a prenup if they’re viewed as unfair or unreasonable. For this reason, it’s best to consult a legal expert familiar with family law in Japan when drafting or enforcing a prenup.

Visa Status After Divorce

If you’re on a spouse visa, your residence status will remain valid for six months after the divorce is finalized. After that, you must apply for a new visa to continue living in Japan. Options include:

• Work visa, if sponsored by an employer
• Long-Term Resident visa (定住者ビザ, teijūsha biza), which can be valid for 1, 3 or 5 years

To strengthen your application for a Long-Term Resident visa, it helps if you:

• Were married for at least three years
• Had a child with your spouse
• Have a clean legal record
• Can show strong ties to Japan (work, social connections, residency) that make returning to your home country difficult

Consulting an immigration lawyer or the immigration bureau directly is the best way to determine your eligibility and prepare your application.

Have you or someone you know been divorced in Japan? Do you have any advice you’d like to share? Leave your comments below.

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