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Divorce - both non Japanese residents 2008/7/19 03:07
I am UK male.
Wife is Japanese.
Got married in Japan 2005.

Marriage is ONLY registered in Japan not the UK.

Wife has changed her residency to the UK, and not Japan.

Both of us live in the UK.

We cannot kyogi rikon (so she tells me) because at least one partner must be a Japanese national, registered in Japan.

Can anyone offer any advice of how I can the ball of divorce rolling again?

What needs to be done? Any help very much appreciated.

by Brad  

... 2008/7/19 23:08
As far as I know, since the original marriage is registered only in Japan, that's where it needs to be dissolved.

Still, the two parties need to show up either at a Japan embassy in the UK or in Japan (at the city hall where it was registered) to turn in the papers and declare the "kyogi rikon."

If the Japanese authorities reject your divorce proceedings on the ground that both of you live outside Japan, then you need to go through the two-year separation thing that is available in the UK.

But (myself not being a lawyer) I do not know the precise requirements for "kyogi rikon" under Japanese law - see if you can find a lawyer in the UK who can help you with Japanese law/"international" marriages.
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residency questions. 2008/7/19 23:20
This site -http://www.crnjapan.com/divorce/en/types_of_divorce_in_japan...
states:

Q: What are the residency requirements for filing?

A: At least one of the parties must be a legal resident of Japan. The court will not accept cases from couples who have traveled to Japan for the sole purpose of obtaining a divorce.

so im not sure whether there is some law that when she came to the uk she gave up her residency or had to file her departure to the uk as a switch of residency.

i know shes got a japanese passport. and got the uk residency visa.

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