Many “actual marriages” Japanese legal demerits

2019年11月11日 Comment

Many “actual marriages” Japanese legal demerits

Many “actual marriages” Japanese legal demerits
What is the fact of marriage?
What impression do you get from hearing that you are actually married?
Each person’s image of actual marriage, such as “cohabitation,” “under marriage,” or “inner marriage”, is actually the difference between whether or not to submit a marriage registration. By the way, if you submit a marriage registration and register, it will be “legal marriage”.
However, if the conditions are not met, a marriage is not possible.
First of all, “Two people show their intentions to marry each other” and “From a social point of view, they are living together in a period that can be judged as a couple”.
In other words, if you are determined to have a willingness to marry and you are living a life that is not different from your husband and wife, you will be accepted as a factual marriage.
Isn’t it necessary to have “willingness to marry” and “actual life in the same way as marriage”?
Actual marriage is treated differently from “cohabitation”. The cohabitation is only living together, and the intention of marriage and the actual situation like marriage are not necessary. A couple is simply living together, and it is not a factual marriage.
Laws apply just like marriage

If you are worried about whether or not you are actually married, we recommend that you have a “resident’s card” with you when you start living together.
In that case, please write “wife (undelivered)” as the relationship with the householder. This is useful for proving fact marriage.
Even if you do not submit a marriage registration, if the factual marriage has been established, it will be treated in the same way as an official marriage under the law.
For example, each other’s property is “shared property”. At the end of the actual marriage (dissolution of the inner border), the right of “property sharing” will be generated in the same way as divorce. Although it takes some time to complete the procedure, it can also be set (specified) for life insurance recipients. The “survivor pension” is also eligible.
In addition, it is also possible to request a “consolation fee” in the case of a factual marriage catastrophe due to an affair. The use of “public housing” where married households normally enter is also permitted. You can also make a mortgage, so you can hardly feel the difference from legal marriage.
[Major scope of law concerning marriage] 1. Duties living and cooperating assistance (Civil Code Article 752)
2. Obligation to chastity and sharing of marriage costs (Civil Code Article 760)
3. Solidarity responsibility for daily housekeeping debt (Civil Code Article 761)
4. Provisions concerning couple property system (Civil Code Article 762)
5. Compensation for damages caused by illegal destruction of inner rims, property distribution by elimination of inner rims (Civil Code Article 768)
6. Receiving rights for survivor compensation and survivor compensation pension (Labor Standards Act Article 79, Labor Standards Act Enforcement Rules Article 42)
7. Consent for contraception (Mother Protection Act Article 3)
8. Various benefits (Article 3-2 of the Employees ‘Pension Insurance Law, Article 1-2 of the Health Insurance Law, Article 16-2 of the Workers’ Accident Compensation Insurance Act)
9. Inheritance of leasing (Article 36 of the Land Lease and House Law)
10. Entering public housing (public housing law Article 23-1)
The weakness of factual marriage
Isn’t “legal marriage” necessary if marriage is permitted by law without submitting a marriage registration?
If you simply judge, you will think so. However, factual marriage has a definite weakness. The main points are “spouse tax”, “inheritance” and “about the child born”.
This is an important point that you need to know, so make sure you understand it before deciding to actually marry.

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