International marriage (Japan)

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This article is about marriage between a Japanese and a non-Japanese in accordance with the formality provided by law of Japan or of a foreign land (state / nation).

Procedures and rules mentioned in this article are mainly of Japan. It may be a case in which other requirements are imposed by the homeland (state / nation) of the concerned non-Japanese and / or the foreign land where the concerned couple marry, as to one or the both in the couple.

Contents

[edit] Homeland law

According to an Act of Japan on general rules [1],

  • as to a concerned person with plural nationalities including one of Japan, the homeland law is law of Japan;
  • as to a concerned person with a nationality of a nation in which laws are different by local areas, the homeland law is the local law under rules of the nation or, if the nation doesn't have such rules, the homeland law is law of the local area which is most related to the person.

[edit] Concept

An Act of Japan on general rules provides [1]

  • whether a marriage is established depends, as to each concerned person, on the person's homeland law.

[edit] Required translation

Each paper, document mentioned in this article as required by Japan, if not written in Japanese, needs to be accompanied with translation into Japanese; the concerned person himself / herself who is required of can be the translator; who translated it needs to be written with the translation [2].

[edit] Competence certification

When a Japanese and a non-Japanese are going marry [2]

  • in accordance with Japan's formality, Japan requires certification as to the concerned non-Japanese by the homeland (state / nation) that he / she has legal competence under the homeland law to get married with a Japanese (see a related section below);
  • in accordance with the formality of a foreign land (state / nation), it may be a case in which certification by Japan is required as to the concerned Japanese that he / she has legal competence under law of Japan to get married (see a related section below).

[edit] International marriage in accordance with Japan's formality

This section is about marriage between a Japanese and a non-Japanese in accordance with Japan's formality.

[edit] Japan's formality and notification

If the two including a Japanese marry in Japan, the marriage is to be in accordance with Japan's formality [1].

If the two are going to marry in accordance with Japan's formality, Japan requires a notification of the marriage to be submitted [2][3][4].

Japan's diplomatic establishments abroad can not legally accept a notification of a marriage of this type [2].

[edit] Competence certification as to the concerned non-Japanese

Japan requires competence certification as to the concerned non-Japanese, as a paper in principle, to be submitted [2]; if the homeland (state / nation) is one which doesn't issue this certification [2],

  • if he / she swears in the presence of the homeland's consul in Japan that he / she has legal competence under the homeland law to get married with a Japanese, the written oath signed by the consul might be the substitute for this certification paper;
  • if even the substitutes can not be submitted, a copy of the homeland law on marriage with its source clarified, and identity certification(s) issued by the homeland's official institution(s) such as a passport, are required instead.

[edit] Family register

The fact the Japanese got married with the non-Japanese is to be recorded in a family register with the concerned Japanese written at its head; if the Japanese is one not written at the head, a new family register for the concerned couple is to be created [2][3].

[edit] Family name

While a rule of Japan for the common surname (i.e. family name) is not applied to the couple, the concerned Japanese can change his / her surname to that of the concerned non-Japanese spouse by filing notification as such; this notification, if not within 6 months of the day the marriage got effective, needs an advance permission by a family court [2].

[edit] International marriage in accordance with the formality of a foreign land

This section is about marriage between a Japanese and a non-Japanese in accordance with the formality of a foreign land (state / nation).

[edit] Competence certification as to the concerned Japanese

If competence certification as to the concerned Japanese is required, the Japanese can request this certification as a paper

  • issued in Japanese of a Legal Affairs Bureau (法務局?);
  • issued in Japanese of the municipality of the domicile of family register (本籍地の市町村?);
  • issued in a foreign language of a Japan's diplomatic establishment abroad (日本の在外公館?);

this certification paper is called "Kon'in-Yōken Gubi Shōmeisho" (婚姻要件具備証明書 ?) in Japanese [2].

[edit] Certification as to the marriage

By a delivery of an authorized copy of certification as to the marriage issued by the foreign land (state / nation), the marriage is regarded under law of Japan as one in accordance with the formality of the foreign land [2].

[edit] Notification to Japan and the family register

Japan requires the authorized copy of certification as to the marriage

  • to be submitted to a Japan's diplomatic establishment abroad (日本の在外公館?), or,
  • to be sent by post or submitted to the municipality of the domicile of family register (本籍地の市町村?),

within 3 months of the day the marriage got effective; when the authorized copy of certification is legally accepted, the fact the Japanese got married with the non-Japanese is to be recorded in the family register of the concerned Japanese [2].

[edit] See also

[edit] References

  1. ^ a b c Act on general rules for application of law (法の適用に関する通則法?) (Act No.78 of 2006): Chapter 3: Sections 5 and 7. The last effective revision was enforced on 1 January 2007.
  2. ^ a b c d e f g h i j k 法務省民事局. 国際結婚，海外での出生等に関する戸籍Ｑ＆Ａ. the site of the Ministry of Justice. Retrieved on 2008-05-31.
  3. ^ a b Family register act (戸籍法 Kosekihō?) (Act No.224 of 1947): Articles 6, 16, 74. The last effective revision was enforced on 1 October, 2007.
  4. ^ Civil Code (民法 Minpō?) (Act No.89 of 1896): Part IV: Chapter 2. The last effective revision was enforced on 1 January, 2007.