A divorce by mutual consent between husband and wife (Civil Code Article 763 et seq.). The reason for the divorce does not matter. It is established by a notification as stipulated in the Family Registration Act, either verbally or in writing, made by both parties and two or more adult witnesses. If there are minor children, the notification will not be accepted unless the person with custody after the divorce is specified. The system of divorce by mutual consent, which is possible only by agreement, is a notable feature of Japanese divorce law. Source : Heibonsha Encyclopedia About MyPedia Information |
夫婦が合意によってする離婚(民法763条以下)。原因のいかんを問わない。当事者双方および成年の証人2人以上から口頭または書面で戸籍法の定める届出を行うことによって成立する。未成年の子があるときは離婚後の親権者を定めないと,届出は受理されない。合意のみによって可能となる協議離婚制度は,日本の離婚法の著しい特徴をなす。
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