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Osaka, Japan, upholds the country's national legal standards when it comes to marriage. In Japan, marriage is governed by the Civil Code, which stipulates that a man and woman may legally marry if the man is 18 years or older and the woman is 16 years or older. However, effective April 1, 2022, a new law in Japan has changed the age of adulthood from 20 to 18; this affects various legal frameworks, including marriage laws. Following this change, persons aged 18 and up can marry without parental consent. Marriage in Japan is a civil matter, and no religious ceremonies are required for a marriage to be legally recognized. Instead, a couple must register their intent to marry at their local government office and fulfill all statutory requirements. In Osaka, as in the rest of Japan, international marriages are also common, and additional rules regarding visas and nationality may apply.
While many marriage procedures are straightforward, several situations may warrant legal advice. If you are a foreign national looking to marry in Osaka, navigating the visa and citizenship implications can be complex. Additionally, matters such as prenuptial agreements, property division, or potential disputes regarding marrying someone from another country may necessitate the help of a legal professional. In cases where one or both parties have been previously married, legal assistance may be needed to ensure that all requirements for remarriage are met. International marriages can also involve intricate discussions concerning international law and jurisdiction, where a lawyer's expertise becomes invaluable.
In Osaka, the marriage laws follow the national Civil Code of Japan. Key aspects of these laws include the documentation needed to marry (such as a birth certificate and a certificate of legal capacity to contract marriage), the process of registering the marriage with the local government office, and provisions regarding the rights and obligations of each spouse. Additionally, the division of property and inheritance laws could affect married couples and are something to be aware of when entering into a marriage contract. It is also important to adhere to Japanese laws regarding prohibited marriages, such as those between close relatives.
To register for marriage in Osaka, the couple must submit a marriage registration form (kon-in todoke) at the local city office. This form must be signed by two witnesses who are over the age of 18.
As of the knowledge cutoff in 2023, same-sex marriages are not legally recognized in Japan, including Osaka. However, some local governments issue partnership certificates that can offer limited recognition for same-sex couples.
Foreign nationals usually need to provide a passport, a birth certificate, and an affidavit or affirmation of the freedom to marry (affidavit of competence to marry).
Yes, foreigners can marry in Osaka on a tourist visa, provided all legal documentation is in order. However, this does not alter the conditions of the tourist visa regarding length of stay or work authorization.
The non-Japanese spouse may apply for a spousal visa that allows them to live in Japan. There may also be implications for the couple's taxes, property, and children's nationality.
Divorce in Japan can be completed through mutual consent, family court mediation, family court judgment, or a district court judgment. International divorces can be complex, and involving a lawyer is advisable.
A prenuptial agreement can establish separate property during marriage and protect individual assets. It can also clarify financial responsibilities and arrangements for a potential divorce.
No specific residency requirements need to be met to marry in Osaka, but at least one partner must be able to complete the marriage registration in person at the local office.
Spousal support in the case of a divorce is determined by multiple factors, such as the duration of the marriage, the financial resources of each party, and the need for support.
Yes, marriages can be annulled in specific situations like non-consummation, mental incompetence at the time of marriage, or fraud. Legal proceedings are necessary for annulment.
For assistance with marriage laws in Osaka, you can contact the Osaka Bar Association, which can provide referrals to lawyers specializing in family law. The local ward or city offices in Osaka are also valuable resources for information regarding marriage registration and legal requirements. Additionally, the Ministry of Justice provides guidance on family law matters that impact the entire country, including Osaka.
If you require legal assistance in marriage, the first step is to consult a family law attorney experienced in matters of Japanese law as it applies to both citizens and foreign nationals living in Osaka. You can obtain a referral to a lawyer from the Osaka Bar Association or reach out directly to law firms specializing in family law. Prepare all necessary personal documents, become familiar with your legal rights and obligations, and don’t hesitate to seek help for language translation if you are not fluent in Japanese.
