the right to have compensation is one thing and the fact it is considered as cheating is another thing.
the text you posted doesn't say the wife can't ask for unilateral divorce for infidelity reason.
Of course, you are absolutely correct. However, that's not what was originally asked:
e-smile said: ↑
what do you think about cheating?
i heard that in Japan p4p is not considered cheating. does anyone confirm that?
I don't think so.
In the case cited above:
"Even if the wife is disgusted by the act, it does not constitute a legal offense," the judge ruled.
Since the original question about
p4p being considered cheating, then the answer to that question is open to interpretation. The judge affirmed exactly what many Japanese men and women view, what Westerners consider cheating, as not, in many Japanese's opinion to be cheating. What we're talking about is individual opinions within a culture and a widely held belief within that culture.
In your latest post, you wrote:
the right to have compensation is one thing and the fact it is considered as cheating is another thing.
the text you posted doesn't say the wife can't ask for unilateral divorce for infidelity reason.
Your conclusion in that statement is absolutely correct, according to my research:
Japanese Civil Code Article 770-1 describes only five grounds for a contested divorce, and until a 1987 supreme court ruling, divorces were normally denied to the spouse "at fault":
- •Infidelity (futei na koui); This could be just physical (furin 不倫) or it could be serious (uwaki 浮気) Either the husband or the wife can sue for divorce for adultery, and if the other party is found at fault, he or she may have to pay consolation money. (isharyou 慰謝料)
- •Malicious abandonment (akui na iki), which means the failure, without justifiable cause, to fulfill the spousal duties of cohabitation, mutual cooperation and assistance. Some arguments can only be used by one or the other gender:
- ◦to make enough to support them, even if the wife refuses to work.
- •Whereabouts Unknown (shoushi). The whereabouts and status of a spouse are not known for over three years, regardless of cause; Another reliable source says that "it is unknown for more than three years whether or not the spouse is alive".
- •Serious mental illness (seishinbyou); where there is no hope for recovery
- •Serious misconduct (juudai na jiyu) on the part of one of the spouses making it difficult to continue the marriage.
"Other grave reasons" is a catch all which is often used as a substitute for irreconcilable differences (seikaku no fuitchi 性格の不一致) , although the later is not a specifically valid reason. It covers a wide spectrum of grounds such as cruelty, domestic violence, unreasonable behavior, incompatibility, loss of love in the marriage. The following are reported as valid reasons by a reliable source, but it is unclear in which category they belong.
- •Refusal or neglect of marital sex. Apparently, only the husband can sue for divorce on this grounds.
- •Refusal or neglect of financial support. Apparently only the wife can sue divorce on this grounds if the husband is unable
http://crnjapan.net/The_Japan_Childrens_Rights_Network/div-types.html
Sorry, I don't mean to be a smart-ass or anal retentive. Please forgive me if it my reply bugs you, it is not my intention to do so. Just having an open discussion.