Writing Up And Signing A Private Divorce Contract?

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Ches said:
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You might want to have that brown mole checked...looks like nipple cancer lol.
 
as someone else already stated, in case you get divorced, youll loose your visa and youre not allowed to remarry for 6 or 9 month (im not exactly sure, since ive never been married), i wouldnt worry about the divorce, but would be very worried about my visa status... on the other hand, you said that you wouldnt mind leaving japan, so your point of view is different from mine... so honestly, better get a new/different visa first...
 
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vondoom said:
youre not allowed to remarry for 6 or 9 month (im not exactly sure, since ive never been married)
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It's 6 months, and that only applies to women, not men. It's ostensibly to make sure there are no paternity issues. Men can remarry the minute the divorce papers are finalised.
 
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ah, alright... my mistake then... any idea why it only applies to women, though?
 
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vondoom said:
ah, alright... my mistake then... any idea why it only applies to women, though?
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As I said above, it's ostensibly to make sure there are no paternity issues.
 
hmm still doesnt make sense to me, but alright, then...
 
vondoom said:
hmm still doesnt make sense to me, but alright, then...
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Yes... it was originally written up by lawmakers who couldn't conceive of the notion that a woman might have sex outside of marriage...
 
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to me humans are humans, there can never be a reason why women are treated different from men...
 
Blood lines mean a lot here and inheritance laws can still be archaic and shambolic. The law was to ensure a guy did not marry a divorced woman who was knowingly or unknowingly carrying another man's child. The law changed like last week. Recently there was a rather sad case of some geinojin finally getting proof his 10 yr old (or older?) son was not his. Splashed all over, poor kid.
 
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alright, sorry again for the mistake...
id still say get your own visa, nobody wants to be dependent anyway...
 
i know a lot about divorces in japan.

do you have any children?
what visa do you have?
do you have a steady job and pay taxes?
who pays the bills in your house?
does she have a steady job?
who makes more money you or her?


forget about lawyers? let her get the lawyer and pay for it. even if they do make a judgement aginst you there is no criminal penalty if you do not pay the judgement or child support or alimony. if you do not pay her after a judgement she can only get a lawyer again and then again and then again. thus the huge numbers of deadbeat fathers in japan.

for now i would recommend going to city office and getting the divorce paper. fill it out completely with 2 witnesses. everything except her hanko, next time she screams divorce, tell her she is full of shit and stick the paper on her and tell her to sign. if she tells you she will get a lawyer tell her go ahead. if your paying the bills cut her off now. doing this will find out if she is serious as many women in japan play that do it or ill divorce you power game. if she signs it then your good to go.
 
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if she does get a lawyer she needs grounds for divorce
Grounds for Divorce
The Japan Civil Code Article 770, provides five grounds for unilateral divorce if divorce cannot be reached by mutual agreement:

1) infidelity　
2) malicious desertion
3) uncertainty whether or not the spouse is dead or alive for three years or more.
4) serious mental disease without hope of recovery.
5) a “grave reason” which makes continuing the marriage impossible.

Under Japan Civil Code Article 710, the plaintiff can demand the payment of consolation money and the distribution of property . However in most cases the amounts of consolation money tends to be rather small, usually only a few million yen. If the defendant lacks financial means, the amount can be much lower.
 
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darkholer said:
i know a lot about divorces in japan.

do you have any children?
what visa do you have?
do you have a steady job and pay taxes?
who pays the bills in your house?
does she have a steady job?
who makes more money you or her?


forget about lawyers? let her get the lawyer and pay for it. even if they do make a judgement aginst you there is no criminal penalty if you do not pay the judgement or child support or alimony. if you do not pay her after a judgement she can only get a lawyer again and then again and then again. thus the huge numbers of deadbeat fathers in japan.

for now i would recommend going to city office and getting the divorce paper. fill it out completely with 2 witnesses. everything except her hanko, next time she screams divorce, tell her she is full of shit and stick the paper on her and tell her to sign. if she tells you she will get a lawyer tell her go ahead. if your paying the bills cut her off now. doing this will find out if she is serious as many women in japan play that do it or ill divorce you power game. if she signs it then your good to go.
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There is really no penalty for not paying alimony?
 
darkholer said:
i know a lot about divorces in japan.
forget about lawyers? let her get the lawyer and pay for it. even if they do make a judgement aginst you there is no criminal penalty if you do not pay the judgement or child support or alimony. if you do not pay her after a judgement she can only get a lawyer again and then again and then again. thus the huge numbers of deadbeat fathers in japan.

for now i would recommend going to city office and getting the divorce paper. fill it out completely with 2 witnesses. everything except her hanko, next time she screams divorce, tell her she is full of shit and stick the paper on her and tell her to sign. if she tells you she will get a lawyer tell her go ahead. if your paying the bills cut her off now. doing this will find out if she is serious as many women in japan play that do it or ill divorce you power game. if she signs it then your good to go.
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Agreed. My impression after looking at some of the laws here is that civil matters are similar to civil matters in the USA meaning enforcement is a PIA.
 
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darkholer said:
if she does get a lawyer she needs grounds for divorce
Grounds for Divorce
The Japan Civil Code Article 770, provides five grounds for unilateral divorce if divorce cannot be reached by mutual agreement:

1) infidelity　
2) malicious desertion
3) uncertainty whether or not the spouse is dead or alive for three years or more.
4) serious mental disease without hope of recovery.
5) a “grave reason” which makes continuing the marriage impossible.

Under Japan Civil Code Article 710, the plaintiff can demand the payment of consolation money and the distribution of property . However in most cases the amounts of consolation money tends to be rather small, usually only a few million yen. If the defendant lacks financial means, the amount can be much lower.
Click to expand...

What about cases where the plaintiff demands consolation money/alimoney/etc. and claims multiples reasons, such as infidelity, malicious desertion, serious mental illness (due to emotional stress), etc.?

I assume the punishment would be much harsher of they claim all this or can all this only be paid for if agreed on mutually?

Also, if my wife won't sign divorce papers without wanting to check the infidelity box, then I don't think I will want to mutually agree to that. If I did, I would assume that a second marriage later on in Japan would probably become impossible? I want my wife and I to divorce on the grounds of no more feelings of love for each other.
 
From your postings on here I got a feeling she's probably got solid evidence & witnesses if needed on the infidelity & mental stress part. Women are usually smart at collecting these tidbits for later use.
I can not show up to work, not really do my job when I'm there, & ask my manager to write that me & he/her didn't get along as my reason for getting fired so it doesn't interfere with me finding a new job. They might not be so kind to do so with reason.
 
please please please do what everyone here says and talk to an expert.
Getting arm chair legal advice on this type of forum is going to just going to screw you up.
There are free/cheap legal advice services around. Check with the Shizuoka lawyers assoc 弁護士会etc. They usually run several free/cheap sessions a month where you can get basic legal advice.
 
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TokyoJoeblow said:
What about cases where the plaintiff demands consolation money/alimoney/etc. and claims multiples reasons, such as infidelity, malicious desertion, serious mental illness (due to emotional stress), etc.?
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Screwed. You have been warned.
 
OK, Mr. Blow,

I'm beginning to understand the rationale with which you make decisions, so here's
the definitive method for this most important choice. I believe it may match your
elevated intellectual capacity:

Should-I-Get-A-Divorce-Lawyer-683x1024.png
 
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