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International divorce 2016/2/26 12:07
Hi, I am Canadian married a Japanese man 8 years ago in Japan. We have two children. Unfortunately, we have discussed and agreed to separate and then see what will happen. I guess is called the cool down period.

With my husband agreement, me and my children moved back to Canada will be one year in April. He had annual income 7 millions yen and I was a stay at home mom (zero income). He had agreed which I will get the custody for the children. We also had a mansion which I authorized him to rent or sell the property.

I would like to make a separated agreement (rikon kyougisyo離婚協議書) and kouseisyousyo(公正証書)。However, he refuse to answer my questions and asked me to find a lawyer.


Here are my questions:
1. How can I hire a lawyer in Japan without spending too much money? Because I do not have any saving.

2. Are there any free legal services in Japan which can help me who lives in Canada? or I should talk to the lawyer in Canada?

3. Which country should I follow? or Which country I will have advantage of?

4. He is usually paying 170000 yen for living expenses every month, however, if we get divorce I will only get 110000 yen. Is there any way I can ask for same amount?

5. How can he sell the property with someone is renting our mansion right now and I would like to get back the deposit which borrowed from my mother?

6. What other things I need to be aware of?

Thank you very much. Please help.
by bridgehead  

Re: Need help, international divorce 2016/2/27 15:12
http://familylaw.mimoza-law-office.net/
It says consultation fee Yen5,000 plus tax for 30minutes...
by GattoNegro rate this post as useful

Re: Need help, international divorce 2016/2/27 16:41
So you have agreed on a divorce, but before you reported your agreed divorce (if you married according to the Japanese law, if the two parties agree, you can simply "report" the divorce), you simply separated, and you moved back to Canada with your children? Has this temporary separation been written down somewhere? If not (if he wants to make things difficult), he might be able to claim that you deserted him.

That amount you are getting from him right now, is that what he simply pays you, before and since the separation? There is a guideline for calculating the amount you should ask for during separation:
http://www.courts.go.jp/tokyo-f/vcms_lf/santeihyo.pdf
The amount depends on the number and the age(s) of child(ren), as well as the annual income of the payer and the payee.

3. Your marriage was based on Japanese law, and your married life was in Japan, so I think your divorce needs to be resolved in Japan.

4. If it is an "agreed" divorce, those terms need to be discussed and agreed upon.

5. Who is the official owner of the apartment? If for example you (from your mother) paid in 20% and your name is on the register as "co-owner," you have some rights. But if not, it's the same as in 4, you need to discuss this with your husband.
by ... (guest) rate this post as useful

Re: International divorce 2016/2/28 12:50
Thank you very much for the web site, I might try to give them a call.

As for the written statement, I only have the consent that he signed which stated that he agreed both of the children will live with me and travelled to Canada. This is the document that I needed to have to travel with children which according to the Canada government. Will that be good enough?

Yes, he frightened me if I don't accept his offers and gets divorce as soon as possible, he might sue me for abduction.

I am the co-owner, however, I have signed an agreement which gave him authorities to rent or sell it, whichever come first. And we got an tenant. But seemed like he has no intention to sell it after all. Can I still get back my deposit?
by bridgehead rate this post as useful

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