Family
No joint custody after divorce until the 2024 reform takes effect
Japanese law has allowed only sole parental authority after divorce, a rule criticised internationally. A 2024 Civil Code amendment introduces joint custody and is being brought into force by 2026.
Key rules
- Jurisdiction — Family courts handle contested matters; most divorces are registered administratively without any court involvement.
- Deadline — Divorce by agreement takes effect on registration at the municipal office
- Deadline — 100-day remarriage waiting period for women abolished by the 2022 amendment
Governing law
- Civil Code of Japan, Book FourRelatives
- Civil Code amendment on parental authority2024
- Act on Implementation of the Hague Child Abduction Convention2014
In practice
The great majority of Japanese divorces are kyogi rikon by mutual agreement, completed by filing a form with no judicial scrutiny of custody or support. Because only one parent could hold parental authority afterwards, the system drew sustained criticism and Hague Convention friction; the 2024 amendment allows courts and parents to choose joint authority. Japan does not recognise same-sex marriage, though several high courts have found the exclusion unconstitutional and many municipalities issue partnership certificates. A married couple must share one surname, upheld by the Supreme Court but under continuing challenge.