In the case of an International Marriage, it is necessary to observe the law of the home country from each person involved. The laws, documents and procedures may vary depending on the country.
During this lecture on international marriage, lecturers introduced information and some important procedures for an international marriage.
Interview – Mr. Inagaki Masafumi
“The conditions to get married are different either in Japan, Philippines, Brazil or Peru. Therefore, it is necessary to be within both conditions. For example, in Japan the minimum age to get married is 16 years old, but in Philippines is 18 meaning that a person of Filipino nationality can only get married in Japan when above 18 years old and confirm with documents.”
“An international marriage happens when two people from different nationalities are legally getting married. For example, if a person of Japanese nationality gets married someone of Brazilian nationality, Filipino, American, etc, to this union we denominate [Kokusai Kekkon]”
Q1) What are the important procedures in order for two people from different nationalities get married?
“For example, if it is a marriage between a Japanese and a Brazilian national, it is necessary to observe the law in both countries, which factor determines as necessary document in order to consolidate the marriage. In Japan, some documents are required and must be requested along with a Brazilian registry, a birth certificate.
Documents also confirming through a testimonial declaration that the person, through two witness confirming the celibacy, and so on. From Japanese side is simpler, since the [Koseki Tohon] is a unique document where you have conditions to observe the celibacy.”
Just as there are many procedures to follow when there is an international marriage, the same occurs when there is a divorce involving laws and aspects from different countries. Some problems may occur: change of name, division of property, permit of stay, custody of children, among others.
“Divorce procedure is similar to the marriage, since the conditions are different from each country. Therefore, the conditions must be in agreement with both countries. For example, if the country’s law of one of the spouses just define the divorce through a judicial procedure, just after the accomplishment of it, the start of the procedure in Japan is allowed.
To answer the questions, first and foremost, look for a lawyer of your country, as this you will know the procedures. Or consult lawyers or clericals like us, as well as Houmu Kyoku (Judicial Issue Agency).”
“Regarding international marriage, observe the laws and gather the documents. In the case of international divorce due to a failed marriage is more complicated. Since following the laws of just one country will not determine the divorce. For example, if a divorce between a couple of Brazilian nationality and a Japanese, as much as the formalities in Japan are forward, if the federal justice in Brazil does not certificate, the divorce will not be determined. After concluding the accomplishments, all the procedures of Japanese law, you having to homologate, in the case of Brazil, through the competent justice on the third instance that would be the federal justice of Brazil.”
Every citizen is free to constitute a family with someone no matter the nationality. Recently the number of international marriage have increased significantly. But it is important to respect the laws and understand the necessary procedures in order to eventual problems regarding international marriage and divorce do not happen.
“Population in Japan will decrease gradually, that’s why I would like many foreigners come to Japan. Therefore, come to Japan, stay for a long time and have many children here. With this, in the future, Japan will be a happier country. We will give all the support, so get married here and have many children. Ganbatte kudasai.”
“I have no advice to give, but marriage is something natural for all human being. We born and develop. Marriage is part of this natural evolution. The international marriage begins with the union of two different cultures. When this kind of union fails and evolves to the negative side, a disagreement, a gap in the culture, where people are not able to understand each other, decide to break up. Consult qualified professionals to know the procedures and laws. Look for qualified professionals so they will help in the proper way.
When you think in divorce, do not leave the situation without a resolution. In the case leaving it in a similar situation, look for a professional. This is the message I leave to the community.”