5 points to check before you start your international marriage

2019年11月11日 Comment

5 points to check before you start your international marriage

International marriage rules
Do you know that international marriage has rules?
In recent years, this is an international marriage that is no longer unusual, but there is no doubt that it is an encounter between different cultures. For this reason, there are cases in which each other insists on their own cultures or cannot adapt to the other person’s pace and customs, affecting their marriage.

Celebrities such as Ayumi Hamasaki and Hikaru Utada will marry one after another, and the number of young people who are longing will increase. However, even if you marry with an ideal, the reality is cruel. It is not limited to international marriage, but you must make a decision after understanding the rules of marriage.
Still, you who believe in inspiration and want an international marriage
In order to lead a better marriage, let’s review the precautions for international marriage today.
Attention 1 International marriage is subject to the laws of your home country
Marriage between Japanese people is married according to the Civil Code. However, when it comes to international marriage, the rule is to marry in accordance with the laws of each country. In some countries, however, you may be allowed to marry in accordance with Japanese law. (General Law on Law Application, Article 24, Paragraph 1)
By the way, Japanese law allows you to marry international marriages according to the format of the partner country. Of course, you can get married in Japanese format. In other words, there are two options. (General Law on Law Application, Article 24, Paragraph 2, Paragraph 3)
Marriage between Japanese is enrolled by submitting a marriage registration to the government office, but if you are married in the form of the partner country, you must submit a certificate issued by that country to the Japanese diplomatic mission. (Article 41 of the Family Registration Law)
In Japan, the couple has the same surname, but in international marriage it remains a different surname. If you want to publicly use the other person’s last name, please do so within 6 months of marriage. (Family Registration Act Article 107, Paragraph 2)
However, nationality does not change with marriage. When marrying internationally, you must proceed with understanding the laws of each country.
Note 2 Child registration
If one is a Japanese citizen when the child is born, the child is Japanese. If you are born outside of the country, you need to report it to the government office within 3 months. (Family Registration Act Article 49, Paragraph 1)
It is important to be aware of “dual nationality”. Depending on the country, there are countries that give nationality to children born in that country unconditionally.
If you do not complete the “Birth Notification” and “Nationality Reservation” procedures within 3 months, the nationality of the country where you were born will apply and you will lose your Japanese nationality. (Nationality Law Article 12).
If you already have dual nationality, you must choose which nationality to apply by the age of 22. (National Law 14)
Note 3 Law applicable for divorce
If you are divorced in an international marriage, “Japanese law” will apply if one of them is a Japanese national. However, since the conditions and procedures for divorce vary depending on the country of the other party, even if a divorce is established in Japan, there may be cases where the divorce is not established in the other country. (General Law on the Application of Law Article 27)
For example, in Japan, a divorce can be established by submitting a divorce report. However, in some countries, divorce is not possible without completing court proceedings.
Note 4 “The Hague Convention” on Children
Japan joined the Hague Convention on April 1, 2014. The Hague Convention is a law that prohibits one person from taking a child outside the country after divorce in an international marriage without obtaining the permission of the other party.
If you live overseas, pay particular attention to cases where the country is a member of the Hague Convention. If you divorce and take your child back to Japan without your permission, the child will be forcibly returned to the original country for violating the Hague Convention.
In addition, even if the partner country is not affiliated with the Hague Convention, Japan is a member, so it will be forcibly brought back either way. In short, it is troublesome when custody issues are involved in the divorce of an international marriage.
Note 5: Child custody issue
Custody issues are a major obstacle when divorcing international marriages. The fundamental question arises: “Which country should the parent determine custody?”
The rules for determining custody are to follow the “Children’s Nationality Law”. For example, if your mother is Japanese and your child is Japanese, Japanese law (Civil Code) will apply.
If your husband is American and your child is American, you must determine custody by American law.
The exception is the “Law of the country where the child lived the longest” only if the parents and children are of different nationalities. If you live in Japan for a long time, your custody will be determined according to Japanese law, and if it is the United States, it will be based on American law.
If your mother lives in Japan and your father lives in the United States, but your child lives in the UK, if your child has the longest residence in the UK, you will decide custody by British law. is.
Many people decide to get married with inspiration. I don’t say that is bad, but international marriage can cause problems from marriage to divorce. Therefore, there are lots of cautions.
It is important to know the rules of international marriage before you get married because there are problems that cannot be solved by “I didn’t know that” after getting married. Understanding not only emotion but also realistic aspects should be a hint for a better marriage.
1. International marriage is marriage according to the laws of each country
2. Beware of children’s “dual nationality”
3. Submit birth notification by 3 months after birth
4. If your child is already a dual nationality, select a nationality by age 22
5. Divorce may not be established if you do not follow the laws of each country
6. Understand the Hague Convention
7. For child custody issues, determine custody according to the laws of each country

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