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Can innocent party be compensated? 2019/11/24 13:00
Married in Australia and registered in Japan. Divorced in Australia . Question is the validity of Australiafs diviorce certificate in Japan and its contestable as one party is not at fault and did not agreed to the divorce. The at fault party should compensate the innocent as in Japan. Australia is different- no fault divorce continues.
by Guest (guest)  

Re: Can innocent party be compensated? 2019/11/24 15:10
Sorry to hear about your situation.

If your marriage was based on Australian law, later registered after-the-fact to the Japanese authorities, and if it was dissolved according to the Australian procedures, yes it is valid in Japan.
(Japan – meaning originally Japanese marriages - does have divorce by agreement (no-fault, and if the parties agree), and divorce by court (in case one is at fault or does not agree).

But in the first place, as the marriage was Australian, it gets either dissolved or not by Australian law, so it cannot be gcontestedh in Japan, as it was not an originally Japanese marriage.

I do not know the details of the Australian laws, but the no-fault party should be able to file for compensation for mental anguish or other loss/suffering in Australia too (not to contest the divorce, but a separate filing).
by ....... (guest) rate this post as useful

Re: Can innocent party be compensated? 2019/11/25 18:28
No you cannot sue for mental hardship.

If you are divorced. It doesnt matter if you ahree or not. A Judge will only approve the divorce on the date of the divorce hearing. Did you not attend the divorce hearing?

And the no fault rule isnt what you think. It means say if one party cheats, then the other party get mostly everything. That is a at fault. Which Australia does not do.

If you are divorced. And didnt agree to it. Why bother any further? Clearly the other party wanted it. No good hanging onto your past life. Move forward and enjoy your current life.
by Hakata14 (guest) rate this post as useful

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