Domestic Relations Case Procedure Act

With regard to procedural costs (meaning costs for proceedings for adjudication of domestic relations (hereinafter referred to as "adjudication costs") and costs for proceedings for mediation of domestic relations (hereinafter referred to as "mediation costs"); the same applies hereinafter), each person bears their own costs.

Depending on the circumstances, the court may impose the whole or part of the procedural costs, which are to be borne by a party and by an interested party intervenor (meaning the interested party intervenor prescribed in Article 42, paragraph (7); the same applies in item (i)) under the provisions of the preceding paragraph, on a person other than the party or intervenor who is to bear the costs, as set forth in the following:

another party or interested party intervenor;

a person who is to be subject to adjudication, except for the person set forth in the preceding item; or

a person equivalent to the person set forth in the preceding item, who is to benefit directly from the judicial decision concerned.

Any procedural costs to be borne by a public prosecutor under the provisions of the preceding two paragraphs are to be borne by the national treasury.

When the court makes a judicial decision to conclude a case, it must, by its own authority, make a judicial decision on the burden of all adjudication costs incurred in the instance thereof (if the case has gone through mediation proceedings, including mediation costs); provided, however, that depending on the circumstances, when the court makes a judicial decision on part of a case or on an interlocutory dispute, it may make a judicial decision on the burden of costs thereof.

Where an upper instance court modifies a judicial decision on merits, it must make a judicial decision on the burden of the total costs of the proceedings (if the case has gone through mediation proceedings, including mediation costs). The same applies when the court that has accepted a case remanded or transferred thereto makes a judicial decision to conclude the case.

When mediation is successful, and if the burden of mediation costs (if the case has gone through adjudication proceedings, including adjudication costs) is not specially specified, each person bears their own costs.

When a litigation case is pending before a court with regard to a case for which mediation may be conducted pursuant to the provisions of Article 244, and the court has referred the case to mediation pursuant to the provisions of Article 257, paragraph (2) or Article 274, paragraph (1), and if mediation is successful and the burden of court costs incurred for the litigation case is not specially specified, each person bears their own costs.

The costs required for the investigation of facts, examination of evidence, issuance of a summons, giving of notice or any other proceedings of domestic relations cases may be temporarily paid by the national treasury on behalf of a person who is obliged to pay them.

The provisions of Articles 69 through 74 of the Code of Civil Procedure (excluding Article 71, paragraph (8) of the Code (including the cases applied mutatis mutandis pursuant to the second sentence of Article 72 and Article 74, paragraph (2) of the Code)) apply mutatis mutandis to the burden of procedural costs. In this case: in Article 72 of the Code, the phrase "If the parties reach a court settlement" is deemed to be replaced with "If mediation is successful", and the phrase "settlement costs or court costs" is deemed to be replaced with "mediation costs under Article 29, paragraph (3) of the Domestic Relations Case Procedure Act or court costs under paragraph (4) of that Article"; in Article 73, paragraph (1) of the Code, the phrase "judicial decision or settlement" is deemed to be replaced with "judicial decision or successful mediation", and the phrase "an application for supporting intervention is withdrawn or if an objection to supporting intervention is withdrawn" is deemed to be replaced with "an application for intervention under the provisions of Article 41, paragraph (1) or Article 42, paragraph (1) of the Domestic Relations Case Procedure Act is withdrawn or a petition for permission for intervention under paragraph (2) of that Article is withdrawn"; and in Article 73, paragraph (2) of the Code, the phrase "Articles 61 through 66 and Article 71, paragraph (8)" is deemed to be replaced with "Article 71, paragraph (8) as applied mutatis mutandis pursuant to Article 31, paragraph (1) of the Domestic Relations Case Procedure Act", the phrase "paragraphs (5) through (8)" is deemed to be replaced with "paragraphs (5) through (7)", and the phrase "the litigation" is deemed to be replaced with "the domestic relations case".

An immediate appeal under the provisions of Article 69, paragraph (3) of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph and an immediate appeal against a judicial decision on an objection under Article 71, paragraph (5) of the Code (including the cases applied mutatis mutandis pursuant to the second sentence of Article 72 of the Code as applied mutatis mutandis pursuant to the preceding paragraph) and Article 73, paragraph (2) and Article 74, paragraph (2) of the Code have the effect of a stay of execution.

For a person who lacks the financial resources to pay the costs necessary to prepare for and undertake a domestic relations case or for a person who will suffer substantial detriment to their standard of living by paying the costs, the court may, upon petition, make a judicial decision to grant judicial aid to the person; provided, however, that this does not apply where it is clear that a person who seeks aid files a petition for adjudication of domestic relations or mediation of domestic relations or performs any other procedural acts for unjust purposes.

The provisions of Article 82, paragraph (2), and Articles 83 through 86 of the Code of Civil Procedure (excluding Article 83, paragraph (1), item (iii) of the Code) apply mutatis mutandis to procedural aid. In this case, the phrase "main clause of Article 82, paragraph (1)" in Article 84 of the Code is deemed to be replaced with "main clause of Article 32, paragraph (1) of the Domestic Relations Case Procedure Act".