Domestic Relations Case Procedure Act

The court has jurisdiction over an adjudication case regarding succession (meaning an adjudication case regarding the matters set forth in Appended Table 1, rows (86) through (110) and (133) and Appended Table 2, rows (11) through (15)) if the decedent was domiciled in Japan at the time of the commencement of the succession proceeding, or even if not domiciled in Japan or it was unknown as long as the decedent resided in Japan at the time of the commencement or, if no residence or it was unknown then the decedent resided in Japan prior to the commencement (except when the decedent was domiciled in a foreign country after last being domiciled in Japan).

With regard to the application of the provisions of the preceding paragraph if a petition is filed before the commencement of a succession proceeding for an adjudication case for the disinheritance of a presumptive heir (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (86); the same applies hereinafter), an adjudication case for the revocation of a ruling of the disinheritance of a presumptive heir (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (87); the same applies in Article 188, paragraph (1) and Article 189, paragraph (1)), an adjudication case for the confirmation of a will (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (102); the same applies in Article 209, paragraph (2)), or an adjudication case for permission for an heir's renunciation of the heir's legally reserved share (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (110); the same applies in Article 216, paragraph (1), item (ii)), the phrase "at the time of commencement of succession" in the same paragraph is deemed to be deleted, and the phrase "before the commencement of succession" in the same paragraph is deemed to be "before the filing of the petition".

Beyond the case prescribed in paragraph (1), the court has jurisdiction over an adjudication case for a disposition regarding the administration of an estate for a period before a ruling of the disinheritance of a presumptive heir or a ruling to revoke such ruling becomes final and binding (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (88); the same applies in Article 189, paragraphs (1) and (2)), an adjudication case for a disposition regarding the preservation of an estate (meaning an adjudication case regarding the matters set forth in row (89) of that table; the same applies in Article 190-2), an adjudication case for the appointment of a liquidator of the estate upon acceptance of the qualified acceptance of inheritance (meaning an adjudication case regarding the matters set forth in row (94) of that table), an adjudication case for a disposition regarding the administration of an estate after a request for the separation of patrimony (meaning an adjudication case regarding the matter set forth in row (97) of that table; the same applies in Article 202, paragraph (1), item (ii) and paragraph (3)), and an adjudication case for a disposition regarding the liquidation of an estate in the event of the nonexistence of an heir (meaning an adjudication case regarding the matters set forth in row (99) of that table; the same applies hereinafter) if the property that belongs to the estate exists in Japan.

The provisions of Article 3-7, paragraphs (2) through (4) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the agreement referred to in the preceding paragraph.

The court has jurisdiction over an adjudication case for a disposition regarding the division of property (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (4); the same applies in Article 150, item (v) and Article 152-2, paragraph (2)) if the case falls under any of the following items:

the case is based on a petition filed by a person who has been a husband or wife, and the other party is domiciled in Japan (or resides in Japan if the other party has no domicile or the other party's domicile is unknown);

both the person who has been a husband and the person who has been a wife have Japanese nationality;

the case is based on a petition filed by a person who has been a husband or wife and is domiciled in Japan, and the person who has been a husband and the person who has been a wife were last domiciled together in Japan; or

the case is based on a petition filed by a person who has been a husband or wife and is domiciled in Japan and the other party's whereabouts are unknown, or when the final judgment in a disposition regarding the division of property obtained in the country where the other party was domiciled has no legal effect in Japan, or the existence of special circumstances are acknowledged for having other courts in Japan undertake to examine or litigate so as to maintain an equitable balance between the two parties or to achieve securing appropriate and swift proceedings.

The court has jurisdiction over a case for mediation of domestic relations if the case falls under any of the following items:

the Japanese courts have jurisdiction over matters in litigation or for adjudication of domestic relations, for which mediation is sought;

the respondent is domiciled in Japan (or resides in Japan if the respondent has no domicile or the respondent's domicile is unknown); or

the parties make an agreement that they may file a petition for mediation of domestic relations in the Japanese courts.

The provisions of Article 3-7, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to the agreement referred to in item (iii) of the preceding paragraph.

The provisions of paragraph (1) (limited to the parts concerning items (ii) and (iii)) do not apply to mediation cases regarding matters for which actions concerning personal status prescribed in Article 2 of the Personal Status Litigation Act (Act No. 109 of 2003) (excluding an action for divorce and an action for the dissolution of an adoptive relationship) may be filed.

Even when the Japanese courts have jurisdiction over the cases prescribed in Article 3-2 through the preceding Article (except when a petition is filed based on an agreement that only permits a petition to be filed in the Japanese courts with regard to an adjudication case regarding the division of a decedent's estate or an adjudication case for a disposition regarding a special contribution), the court may dismiss the whole or part of the petition if it finds that there are special circumstances because of which, if the Japanese courts were to conduct a trial and reach a judicial decision in the case, it would prevent appropriate and swift proceedings or would be inequitable to the petitioner or the respondent in an adversarial proceeding, in consideration of circumstances such as the nature of the case, the degree of burden that persons concerned with the case other than the petitioner would have to bear, the location of evidence, and the interest of a minor child.

Whether the Japanese courts have jurisdiction is determined according to when a petition for adjudication of domestic relations or mediation of domestic relations is filed or when a court commences the proceedings of a domestic relations case by its own authority.