International marriage (Japan)

An international marriage in Japan is a marriage between a Japanese and a non-Japanese person, in accordance with the formalities provided by the law of Japan or of a foreign land. Procedures and rules mentioned in this article are mainly those of Japan, but in some cases other requirements are imposed by the homeland of the non-Japanese spouse, or by the foreign land where the concerned couple marry. In general the legality of a marriage for each spouse is determined by the homeland law of the spouse.^[1]

History

Marriage between a Japanese national and a non-Japanese person was first officially permitted by act of law on March 14, 1873^[2] (6th year of the Meiji Period), before the former Meiji Constitution (1889) and the former Nationality Law (1899). This day is informally known as International Marriage Day (国際結婚の日) and coincides with the modern White Day.

International marriage at the time required both a permit and surrender of recognised social standing (分限).

During 1986 to 1991, the period of Japanese bubble economy, labor shortages for "3D jobs" (dirty, dangerous, and demeaning) occurred in Japan. This situation created expand the migrant labor rates.^[3] However, the revised policy in 1990 prohibited unrestricted economic activities except for only four kinds of visa, which include the "Spouse or child of a Japanese national". This policy legalizes all kinds of economic activity for marriage migrations.^[4]

Homeland law

According to an Act of Japan on general rules,^[1]

• The homeland law of a person is the law of the country of citizenship of the person.
• If a person has more than one citizenship, and if one of the citizenships is Japan, the homeland law is the law of Japan;
• If a person has more than one citizenship, and none of them is Japanese, the homeland law of the person is the law of the country where the person habitually lives.
• as to a concerned person with nationality of a nation in which laws are different according to locality (like the US), the homeland law is the local law under rules of the nation or, if the nation doesn't have such rules, the homeland law is the law of the local area which is most closely related to the person.

Required translation

Each paper, document mentioned in this article as required by Japan, if not written in Japanese, needs to be accompanied with translation into Japanese; one of the concerned persons can themself be the translator; their name must accompany the translation.^[5]

Legal documents

When a Japanese and a non-Japanese are intending to marry ^[5]

• in accordance with Japanese rules, homeland certification is required regarding the concerned non-Japanese that they are permitted to marry (see the related section below);
• in accordance with foreign law, certification by Japan may also be required.

Japanese regulations

Notification

If a couple including a Japanese citizen marry in Japan, the marriage is to be in accordance with Japanese law.^[1] Thus Japan requires notification of the marriage.^[5][6][7] Japan's diplomatic establishments abroad can not legally accept a notification of a marriage of this type.^[5]

Competence certification as to the concerned non-Japanese

Japan requires competence certification as to the concerned non-Japanese, as a paper in principle, to be submitted;^[5] if the homeland (state / nation) is one which doesn't issue this certification,^[5]

• if he / she swears in the presence of the homeland's consul in Japan that he / she has legal competence under the homeland law to get married with a Japanese, the written oath signed by the consul might be the substitute for this certification paper;
• if even the substitutes can not be submitted, a copy of the homeland law on marriage with its source clarified, and identity certification(s) issued by the homeland's official institution(s) such as a passport, are required instead.

Family register

The fact the Japanese got married with the non-Japanese is to be recorded in a family register with the concerned Japanese written at its head; if the Japanese is one not written at the head, a new family register for the concerned couple is to be created.^[5][6]

Family name

While a rule of Japan for the common surname (i.e. family name) is not applied to the couple, the concerned Japanese can change his or her surname to that of the concerned non-Japanese spouse by filing notification as such. This notification, if not within 6 months of the day the marriage became effective, needs permission in advance from a family court.^[5][8]

International marriages in accordance with foreign legislation

Competence certification as to the concerned Japanese

If competence certification as to the concerned Japanese is required, the Japanese can request this certification as a paper

• issued in Japanese of a Legal Affairs Bureau (法務局);
• issued in Japanese of the municipality of the domicile of family register (本籍地の市町村);
• issued in a foreign language of a Japan's diplomatic establishment abroad (日本の在外公館);

this certification paper is called "Kon'in-Yōken Gubi Shōmeisho" (婚姻要件具備証明書) in Japanese.^[5]

Certification as to the marriage

By a delivery of an authorized copy of certification as to the marriage issued by the foreign land (state / nation), the marriage is regarded under law of Japan as one in accordance with the formality of the foreign land.^[5] As the additional required documents, Japanese government requires foreigners(non-Japanese citizen) to provide a sworn Affidavit of Competency to Marry, which is issued by their original country's embassy.^[9]

Marriage approval

All marriages must be registered at a Japanese municipal government office. One common mistake is that consular officers has no legal rights for marriage registration, neither does the religious or fraternal bodies in Japan.^[9]

Notification

Japan requires the authorized copy of certification as to the marriage

• to be submitted to a Japan's diplomatic establishment abroad (日本の在外公館), or,
• to be sent by post or submitted to the municipality of the domicile of family register (本籍地の市町村),

within 3 months of the day the marriage got effective; when the authorized copy of certification is legally accepted, the fact the Japanese got married with the non-Japanese is to be recorded in the family register of the concerned Japanese.^[5]

Intermarriage by nationality

Korean-Japanese

After marriage, most of the Korean residents would still treat themselves as ethnically Korean, but without direct relation to North or South Korea anymore. Obtaining a pure Japanese nationality would not amount to a betrayal of their Korean identity.^[10]

Filipino-Japanese

Filipino (language) causes considerable difficulties for international marriages to Japanese. Children within Filipino-Japanese families are usually required to learn Filipino, Japanese and English, with the purpose of communicating with Filipino relatives, daily communication (living in Japan) and exploring the international world. The identity of being "doubles" (both Japanese and Filipino) is expected of a child.^[11]

American-Japanese

According IPSSR, American husbands make up 17% of all foreign husbands in Japan, while American wives make up 1% of foreign wives in Japan.^[12][13] Since 1965, the percentage of marriages to American women has declined precipitously, from 6% to 1%, which can be attributed to the long-term decline of the Japanese economy.^[14]

It is far more common for American men to marry Japanese women, than it is for American women to marry Japanese men. A substantial amount of research suggests that this imbalanced sex ratio reflects Japanese women's desire for the West, for Western men, and for English language learning.^[13] Since 1965, the percentage of marriages to American women has declined precipitously, from 6% to 1%, which can be attributed to the long-term decline of the Japanese economy.^[14]

Marriage and divorce trends

Marriage

Since 2012, the number of marriages between Japanese citizens has declined every year, while the number of international marriages has remained stable.^[15] In 2018, there were 21,852 international marriages registered within Japan. This accounts for 4% of all marriages.^[15] As the number of foreigners is expected to increase, the number of international marriages is also increasing.^[15]

Divorce

International marriages in Japan have a higher rate of divorce than non-international marriages.^[15] As of 2018, the rate of divorce for international marriages stands at 50.5%. while for non-international marriages, the rate of divorce is 34.9%.^[15]

However, the rate of divorce varies depending on the gender of the spouse. For marriages involving a foreign husband and a Japanese wife, as of 2018, the divorce rate is 43%. This is considerably lower than the divorce rate for marriages involving a Japanese husband and a foreign wife, which is 53.7%^[15] In fact, the rate of divorce for marriages involving an American husband and a Japanese wife stand at 32%, which is lower than the rate of divorce between Japanese citizens (34%).^[15]

According to a 2020 article published by Ashiro Editorial Board, the uneven divorce rate between certain international couples can be explained by cultural values. Because many Japanese women yearn to marry a Western man, and a large number of American men desire to marry Japanese women,^[15] these reciprocating cultural phenomena may promote a higher level of respect between such couples, leading to a lower divorce rate.^[15] Working to the opposite effect, cultural differences between Japanese, Chinese and Korean cultures can explain the higher rate of divorce between Japanese men and their Chinese or Korean wives.^[15]

See also

• Family marriage law in Japan
• International child abduction in Japan
• Asian migrant brides in Japan, a social and local government-led initiative involving the importation of women from other Asian countries

References

External links

• The Japan Children's Rights Network

This page was last edited on 14 April 2024, at 20:03