Divorce
Q. In an international marriage with my husband living abroad, can I proceed with divorce in Japan? Which country's law applies to custody?
A.
If living in Japan, divorce can proceed here. Custody follows the child's nationality law. Be aware of the Hague Convention.
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If you reside in Japan, Japanese courts have jurisdiction (Personal Status Litigation Act Art. 3-2). Applicable law follows: common nationality → common habitual residence → closest connection (Act on General Rules Art. 27). Custody follows the child's nationality law (Art. 32), but Japanese law may apply if the child habitually resides in Japan. The Hague Convention on child abduction must be considered; unilateral removal may be illegal.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.
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