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International Divorce questions, koseki etc 2018/2/23 06:02

I am the partner of a Thai lady who was once married to a Japanese man for a very brief period which ended just over 3 years ago. They tried living together in Japan but it did not work out.

The marriage was registered in thailand and also Japan.

When they decided to split she signed something and flew back to thailand. Later she was sent a document which I believe is called Koseki Tohon and this document lists marriages,births, deaths and divorces I think?

First question - is that document regarded as a proof of divorce by other countries or is there something more specific we should obtain?

The koseki Tohon we have is 3 years old btw.

The issue is my partner failed to inform her country of the divorce and when she tried they indicated the document was not valid. I cannot be sure if they believe it's invalid due to out of date range or even if it's the wrong document.

We just had a son together and he shall be 1 year old next month, the problem is now a big issue as it is difficult for me to be recognised as his father whilst we are not married.

I'd really appreciate some advice on options we have of solving this matter. We could scan the document or make an image of koseki to be sure it is what I think it is?

I am in this for the long haul, the koseki tohon is sitting on my dining table so when I eat my breakfast lunch amd dinner I am reminded that this matter needs to be resolved.

I was also wondering if there could be another way to do this?

Could we just go to court and request a judge divorces her in thailand on the grounds they have not been together for 3 years? So rather than just proving a divorce took place in Japan, seek a new divorce based on abondonment in thailand? Is that even legal?

Sorry I know I have more questions than answers. Hope someone has the answers.


by Rc2702  

Re: International Divorce questions, koseki etc 2018/2/23 09:38
Sorry to hear of your situation.

First of all, was her marriage done according to the Japanese law, or was it according to Thai law and reported after-the-fact to the Japanese authorities?
If it is the latter, it might need to be dissolved according to the Thai law.

If it was according to theJapanese law, and if she has a copy of the Japanese ex-husband's "koseki tohon " you need to be sure that the dissolution of their marriage is stated there. Koseki IS the document that has the record of Japanese nationals, and his marriage to (and divorce from) her would be stated there too.

As far as I know, translation of "koseki tohon" is used as proof of divorce. But this is provided that the marriage was done first in Japan.

When we use them in Japan, the koseki tohon (official duplicates) is usually considered valid for three or six months after the issuance (to be sure it is the most updated version), but I do not know how non-Japanese authorities handle this matter. She would have to check with the Thai authorities to know what is needed. Best wishes.
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