Adultyr law in Japan

[skylandocean]

Hi,
Does any one know what's the Japanese law regarding adultry and what consequences it has on divorce procedures? like sharing of assets and custody of the children?
Sincerely,
Sky,

[IamKira]

lol.. i'm sorry, but this post just sounds so funny... it sounds like op going -"hrm... man what a night w/ my secretary, wonder what my wife could do to me if she knew.. i know, i'll post a forum about it!" lol

it's just what with all your first post and all being this, and the sincerely at the end.. idk, i think i am getting tired because this post is seriously amusing me

[ozkai]

Originally Posted by skylandocean

Hi,
Does any one know what's the Japanese law regarding adultry and what consequences it has on divorce procedures? like sharing of assets and custody of the children?
Sincerely,
Sky,

Mate, if you are not Japanese and married to a Japanese national who is contemplating divorce, get your kid and self out fast!

You don't stand a chance in the Japanese courts and you will lose the shirt of your back.

If adultery is a legal and you are a foreigner, get prepared to be locked up.

[RobinMask]

Originally Posted by skylandocean

Hi,
Does any one know what's the Japanese law regarding adultry and what consequences it has on divorce procedures? like sharing of assets and custody of the children?
Sincerely,
Sky,

I'm pretty sure that adultery isn't illegal, but like one of the other posters implied if you're not Japanese and married to a Japanese citizen, and you decide to divorce, then you're pretty much screwed. If you're planning on leaving your partner I'd recomend seeing a solicitor/lawyer right away. Don't take your kids back to your home country though as most Western countries are required to send children back in these cases, whereas Japan has no such law, meaning you'd be forced to send yout kids back to your partner and the case of 'abduction' will look awful on you, ruining your chances to keep the kids. So I guess either stay with them or seek legal advice.

[ozkai]

Originally Posted by RobinMask

I'm pretty sure that adultery isn't illegal, but like one of the other posters implied if you're not Japanese and married to a Japanese citizen, and you decide to divorce, then you're pretty much screwed. If you're planning on leaving your partner I'd recomend seeing a solicitor/lawyer right away. Don't take your kids back to your home country though as most Western countries are required to send children back in these cases, whereas Japan has no such law, meaning you'd be forced to send yout kids back to your partner and the case of 'abduction' will look awful on you, ruining your chances to keep the kids. So I guess either stay with them or seek legal advice.

You wouldn't stand a chance in hell of getting your kids of of Japan legally.

This is definitely recognized in the US and Australian courts.

For the child/ren to stay in Japan would mean the non Japanese partner could kiss them goodbye for a long time.

You would be successful in your home country.

Japan is not a party to the Hague convention agreement on Child abduction.

Japan ranks up their as a first child abduction friendly country in the world.

[RobinMask]

Originally Posted by ozkai

You wouldn't stand a chance in hell of getting your kids of of Japan legally.

This is definitely recognized in the US and Australian courts.

For the child/ren to stay in Japan would mean the non Japanese partner could kiss them goodbye for a long time.

You would be successful in your home country.

Japan is not a party to the Hague convention agreement on Child abduction.

Japan ranks up their as a first child abduction friendly country in the world.

I'm still not sure taking his child out of the country without his partner's permission is the way to go. I know Japan isn't part of the Hague Convention, thus the Japanese partner can keep the child and not have to give it up, however other countries are apart of the Hague Convention. So should he move back to the US/UK or wherever he'd be essentially abducting his child and the child would be sent back, or at least I'm sure this is the case, I could probably find some evidence for or against this given a few minutes.

Whilst it's true he wouldn't have much of a chance in court at the very least he'd have a shot at visitation and such things, and it's a hell of a better chance than simply running off (illegally) with his children. What would happen say if she reported him to the police that he was taking the kids and he was stopped at the airport? They'd be hell to pay for him. I think your advice of 'take them and run' is very short-sighted and detrimental to his chances in court, which are very slim as it is.

[RobinMask]

Originally Posted by skylandocean

Hi,
Does any one know what's the Japanese law regarding adultry and what consequences it has on divorce procedures? like sharing of assets and custody of the children?
Sincerely,
Sky,

Family Law Tips for Expats - someone sent me that link a while back when I asked a similar question, it was quite useful and there's many articles specifically on Japan and the issues you've asked.

[Sinestra]

For some reason i have been seeing more discussions like this and not just around here and im not entirly sure.

But heres a read for you im not sure of the truthfulness behind it but when I read this i felt so bad for this guy i wanted to buy him a beer.

The fatally flawed math of risking it all in Japan
For foreigners hoping to settle down and have children here, Richard Cory has some harsh truths
The fatally flawed math of risking it all in Japan | The Japan Times Online

[Ryzorian]

It's not like the US is overly obediant to the Hague Convention either, it's just a silly piece of paper unless some one has an army backing it up. The threat of force is the only thing that keeps countries honest.

[MMM]

Originally Posted by Ryzorian

It's not like the US is overly obediant to the Hague Convention either, it's just a silly piece of paper unless some one has an army backing it up. The threat of force is the only thing that keeps countries honest.

I don't think there has ever been a military deployment for a custody battle.