Civil Code

When one party to a marriage performs a juridical act with a third party in respect of a household necessity, the other party to the marriage is jointly and severally liable for the debt arising from that act; provided, however, that this does not apply if advance notice is given to the third party indicating that the other party to the marriage will not bear such liability.

Property owned by one party before marriage and property obtained in the name of that party during the marriage is separate property (meaning property that one party to a marriage owns independently of the other party).

Property that does not clearly belong to either husband or wife is presumed to be held in coownership.

A husband and wife may divorce by agreement.

It is not permissible to accept an application to register a divorce until the divorce has been found not to violate the provisions of Article 739, paragraph (2) as applied mutatis mutandis pursuant to the preceding Article or the provisions of any other law or regulation, and, if there is a child between the husband and wife who has not attained the age of majority, to fall under any of the following items.

the person with parental authority has been determined;

a petition for a domestic relations ruling or domestic relations conciliation seeking the designation of the person with parental authority has been filed.

Even if an application to register a divorce is accepted in violation of the provisions of the preceding paragraph, this does not impair the validity of the divorce.

If parents divorce by agreement, the issues that need to be determined in connection with child custody, such as who will have custody over the child or the allocation of custody of the child, contact between the father or mother and the child, and the sharing of expenses that custody of the child requires, are determined in that agreement. The child's interests must be given the highest priority in the consideration of these issues, in such a case.

If the agreement referred to in the preceding paragraph is not reached or if discussions toward such an agreement cannot be held, the issues referred to in the preceding paragraph are determined by the family court.

The family court may change a determination under the provisions of the preceding two paragraphs and order any other proper disposition regarding child custody if it finds this to be necessary.

Parental rights and duties beyond the scope of custody are not altered by the provisions of the preceding three paragraphs.

In the cases referred to in paragraph (2) or paragraph (3) of the preceding Article, if the family court finds it particularly necessary for the interests of the child, it may determine that contact between the child and relatives other than the parents is to take place, as an issue that needs to be determined in connection with child custody prescribed in paragraph (1) of that Article.

A request for a ruling under paragraph (2) or paragraph (3) of the preceding Article regarding the determination referred to in the preceding paragraph may be made by the following persons (in the case of the person listed in item (ii), only where there is no other appropriate method for making a determination on contact between that person and the child):

the parents;

relatives of the child other than the parents (in the case of persons other than the child's lineal ascendants and siblings, limited to those who have previously had custody of the child)

If the parents divorce by agreement without having made a determination on the sharing of expenses required for the custody of the child, the one of the parents who has continuously been primarily responsible for the custody of the child since the time of the divorce may, from the date of the divorce until the earliest of the following dates, demand of the other parent, at the end of each month, payment, as the sharing of expenses required for the custody of the child, of an amount calculated in accordance with a Ministry of Justice Order according to the number of children, taking into consideration the standard amount of expenses required to maintain the minimum standard of living of a child who is to be supported by the parents and other circumstances; provided, however, that the other parent may refuse to pay all or part of that amount upon proving that he or she is unable to pay it for lack of ability to pay or that his or her livelihood would be seriously impoverished by paying it.

the date on which the parents made, by agreement, a determination on the sharing of expenses required for the custody of the child;

the date on which a ruling on the sharing of expenses required for the custody of the child becomes final and binding;

the date on which the child attains the age of majority.

The amount referred to in the preceding paragraph for the month containing the date of the divorce or the month containing the earliest of the dates set forth in the items of that paragraph is calculated on a daily basis, as provided by Ministry of Justice Order.

When the family court makes or changes a determination on the sharing of expenses required for the custody of the child pursuant to the provisions of Article 766, paragraph (2) or (3), it may, taking into consideration the ability to pay of the other parent who bears the obligation under the provisions of paragraph (1), order the exemption of all or part of that obligation, a deferment of payment, or any other proper disposition.

The surname of the husband or wife who changed surnames upon marriage reverts to the surname used before marriage upon divorce by agreement.

The husband or wife whose surname has reverted to the surname used before marriage pursuant to the provisions of the preceding paragraph may take the surname used at the time of divorce by filing a registration pursuant to the Family Register Act within three months of the day of divorce.

One party to a divorce by agreement may ask the other party to effectuate a division of property.

If no agreement between the parties is reached with respect to the division of property under the preceding paragraph or if discussions toward such an agreement cannot be held, either party may file a request with the family court for a disposition in lieu of such an agreement; provided, however, that this does not apply once five years have passed since the time of divorce.

In the case referred to in the preceding paragraph, the family court determines whether a division is to be made and the amount and method of the division, taking into consideration the amount of property acquired or maintained by both parties during the marriage and the degree of each party's contribution to its acquisition or maintenance, the duration of the marriage, the standard of living during the marriage, the state of cooperation and assistance during the marriage, the age, physical and mental condition, occupation and income of each party, and all other circumstances, in order to achieve equity in the property of the parties following the divorce. In this case, the degree of each party's contribution to the acquisition or maintenance of property during the marriage is to be equal if it is not clear that the degrees differ.

If the husband or wife who changed surnames upon marriage becomes party to a divorce by agreement after succeeding to rights as referred to in Article 897, paragraph (1), the matter of who succeeds to those rights must be determined through the agreement of the parties and any other interested persons.

If the agreement referred to in the preceding paragraph is not reached or if discussions toward such an agreement cannot be held, the family court determines who succeeds to the rights referred to in that paragraph.

One party to a marriage may independently initiate an action for divorce only in one of the following cases:

if the other spouse commits adultery;

if the party has been willfully abandoned by the other spouse;

if it has been unclear whether the party's spouse is dead or alive for three or more years;

if there are any other material grounds that make it difficult for the marriage to continue.

Even if any grounds as set forth in items (i) through (iii) of the preceding paragraph are present, the court may dismiss a divorce filing if, taking into consideration all circumstances, it finds it to be reasonable for the marriage to continue.

The provisions of Article 766 through Article 769 apply mutatis mutandis to a judicial divorce.