Japanese Family Law

Japan Law

Although it has historical roots in the ancient Chinese and other legal systems, contemporary Japanese Law is a civil law (as opposed to common law) system similar to that of France or Germany.

The Six Codes of Japanese Law

The core of Japanese statutory law is composed of the so-called “Six Codes” (?? ropp?). The six codes consist of:

1. the Civil Code (?? Minp?, 1896)
2. the Code of Civil Procedure (????? Minji-sosh?-h?, 1996)
3. the Penal Code (?? Keih?, 1907)
4. the Commercial Code (?? Sh?h?, 1899)
5. the Code of Criminal Procedure (????? Keiji-sosh?-h?, 1948)
6. the Constitution of Japan (????? Nippon-koku-kenp?, 1946)

Family Law in Japan

Japan’s family law system has been the source of some international controversy. Under Japanese family law, joint child custody terminates together with the marriage. If the husband and wife cannot agree upon child custody as part of an amicable divorce resolution, it will fall the Japan’s family law courts (the ????? Katei Saibansho) to determine custody of the child. The Katei Saibansho are thought to show a strong preference to granting custody to the mother.

Divorce

Japan law distinguishes between four types of divorce, each with varying repercussions:

• Kyogi Rikon: Divorce by mutual agreement 
• Chotei Rikon: Amicable agreement cannot be reached, divorce through mediation in a family court
• Shinpan Rikon: Amicable agreement cannot be reached, mediation fails, divorce through decision of the family court 
• Saiban Rikon: All options including family court fail, the case then moves to a district court for a decision.  

Koseki

Introduction to the Koseki Family Registration System in Japanese Law

The Koseki plays a central role in Japanese Family Law — it is your birth certificate, death certificate, marriage license, and census information all rolled into one.

What is the Koseki?

The koseki is the Japanese system of Family Registration, by which births, deaths, marriages and divorces of Japanese nationals are recorded.  Since a koseki is only for those with Japanese citizenship, non-nationals will not have their own koseki, but will only be added to a Japanese citizen’s koseki where appropriate, such as in the case of a Japanese national marrying a foreigner. However, foreign nationals living in Japan are required to register births and deaths of family members with the local city office.
The koseki has its roots in the ancient Chinese system of government, and has been used in Japan for over 100 years. This single document is nothing less than a system of national identity registration, marking any and all changes in family composition and identity, and it thus plays a central role in matters of family law and other interactions with the government. Specifically, the koseki will be used to record the birth of children, marriage and divorce, and the death of a family member. Such events are legally effective only when recorded in the koseki.

Information recorded in the koseki

• family name and given name
• date of birth
• parents’ names and relationship
• date key events such as marriage, death, adoption, etc.
• links to any prior koseki
• official residence (honseki chi)
• (Law of Family Register, (???), article 13.) 

The koseki contains many important aspects of family identity. For example, the koseki will indicate a head of household (in the right hand column of the document), as well as the family’s official “home” (honseki chi). When a Japanese family member included on a koseki marries, they will secede from that koseki and start a new koseki where they are listed as head of household (or partner). The new koseki will reference the name of the parent family koseki from which they seceded, as well as the honseki chi where the koseki is located. These two pieces of information are usually what’s necessary when wishing to locate a particular koseki, as officially the koseki document resides with the local government offices in the family’s honseki chi.
When a Japanese marries a citizen of another country, the Japanese family member will always be listed as the head of household, and the spouse will be listed as an addition to the family. Traditionally everyone listed on the koseki has to have the same family name, but Japan does allow for either partner to change their last name to that of the other partner.

Koseki and Child Custody Issues

Until the time at which they are ready to start their own family, a child does not have their own koseki, but is instead listed on that of his or her parents. However, if the parents get divorced, the child’s register will move to the koseki of the person with shinken (legal child custody in a divorce). Of course, since a non-Japanese does not have a koseki, if the non-Japanese partner is able to obtain legal custody of a Japanese child, they will need to secede the child from the koseki of the Japanese parent, and start a new koseki just for the child. Although it may seem like a formality to take care of documents if the courts have already granted custody, because of the centrality of the koseki in Japanese family law, it is very important to take these steps. Should the Japanese parent later violate the custody agreement and abduct the child, pursuing the proper legal channels necessary to demonstrate that the Japanese parent does not have custody will be greatly facilitated by the child having seceded from the Japanese parent’s koseki.

Koseki Related Laws and Regulations

See our Japanese Family Law section.
Due to the sensitive nature of the information in a koseki, one of the primary concerns of related law has been the privacy of the koseki information, and discrimination based upon information contained in the koseki. Traditionally the koseki has been treated with a high degree of respect and confidentiality. It is generally not required in order to obtain government services or used as identification or in order to verify residency.
As a result of problems with discrimination based upon the sensitive information contained in the koseki, Japan since the 1970s has moved to protect against such abuses. For example, since 1970 some details of each koseki member’s birth address is no longer included on the koseki. Later regulations forbid employers from asking job applicants to share their koseki document. More recently, a law enacted in May, 2008 restricted access to the koseki to the persons listed on the koseki, as well as anyone who requires the information on the koseki in order to exercise their due legal rights. Individuals who have seceded from a koseki (eg, as in the case of divorce) are also eligible to obtain a copy of the koseki.
In order to obtain a copy, you will need the name of the koseki as well as the honseki-chi where the koseki is located. You can appear at the local government offices to request a copy in person, or contact the authorities to request one by mail. Your lawyer can also obtain a koseki on your behalf if the legal proceedings involve someone listed on the koseki.
More information on the restrictions on who can access the kosekican be found in this article.

Glossary of Terms

Jyuminhyou

The koseki is often confused with the jyuminhyou. However, the jyuminhyou is Japan’s system of residency registration, whereas the Koseki pertains to family-related information.

Hittousya

The head of household, listed on the far right of the koseki.

Honseki-chi

The honseki-chi or honseki is the official “family home”, which confusingly is not necessarily the same as the family’s current residence. Rather the honseki-chi is thought of as the traditional home of the family, often it is one’s birth place or where one’s family maintains the strongest roots– often ties going back hundreds of years. The honseki-chi is particularly important as it dictates which municipal office stores the koseki. City officials often have the last say in determining who has a right to access the koseki. However, it is possible to move the koseki to a new city, and some families will choose to do so. The koseki will include a list of the cities where the koseki was previously held, so you can still track down the current location of a koseki if you know the prior honseki, although doing so will take more than a little bit of bureacratic wrangling, and therefore may be better handled by a competent child custody lawyer.

Koseki touhon

Koseki shouhon

These two terms refer to two different formats for the koseki. The koseki shouhon is like an executive summary of the koseki, and lists only the key facts such as date of birth, parents, place of birth etc. The Koseki touhon is a copy of the entire koseki.

Koseki Fuhyou

Jyouseki touhon

These terms refer to a previous koseki which is no longer valid because it has been superseded by a new koseki. Sometimes you will need to obtain the koseki fuyhou to get information not included on the new koseki.