- Divorce Issues
Why divorce issues "get in trouble" in many cases
Children, money, and housing have been created together, and the work of sharing them requires extraordinary energy.
You can talk about each other in the same direction, but if you have a child, you have to choose to give one of them parental authority, despite the difficulty of extinguishing your love.
Temperate and objective support is most important.
We can provide professional knowledge from invisible perspectives between the parties.
If you start thinking about divorce, you can do anytime.
First of all, please let us provide you with free consultation to listen to your feelings.
We will offer the best support for both couples.
Three Divorce Issues
Problem of money
One of the major issues that come into play in a divorce is money. Divorce costs a variety of things, including from how to divide a couple's property, pension splits, child support, children's expenses, consolation money due to divorce reasons, and marriage costs while separated.
It is common for one party to lose money because of a lack of knowledge in discussions between the parties.
In particular, full-time housewives who have supported households tend to suffer disadvantages.
Please contact our office before making any final promise.
Consolation money
If there is an objective finding that there was emotional distress due to the tort of either side, you can claim compensation.
In other words, it is difficult to claim compensation for non-pecuniary damage despite the fact that you suffered from mental suffering unless you show clear torts objectively.
Distribution of property
Distribution of property is the appropriate division of property built during marriage between husband and wife.
On this occasion, even if one of them is a full-time housewife, the property is built with the cooperation of the housewife. For this reason, during a divorce, a "property division" discussion must be held to properly divide these assets.
Pension split
The pension split system has been in effect since April 2007.
After a divorce, the wife can also receive the payment of the pension as her own pension at a rate determined by the agreement between the husband and the wife or by the family court.
Children's Issues
In the process of divorce, it is a very sensitive issue which side will raise children.
Legally, it is the question on which side has parental authority.
Because a husband and wife are unable to agree on this point, divorce often does not happen even if they want to divorce.
In addition, there are many cases that a divorce has not been unresolved for any length of time and the custody issue has not been unresolved.If you are so concerned about custody that the divorce is finalized with the vague issue of child support, it can have a serious impact on your child's future plans later on.In order to ensure an appropriate environment for children's future, it is important to make cool judgments about what is the best choice.
Seek out positively for your child so that your relationship with your parents will not remain dark when your child grows in the future.
As a legal expert, the lawyer proposes a well-balanced option that is considered the best and fully supports the client.
Parental authority
Parental authority tends to be more important than economic aspects, in terms of how much child-rearing has been involved in the past.
This suggests that parental authority is, in general, favorable to mothers.
Of course, there are cases where fathers obtain parental authority through persistent negotiations.
Face-to-face exchange
Even after divorce, the bond between parent and child will continue to remain.
Therefore, parents who do not have parental authority are allowed to meet their children regularly after divorce unless they have a negative impact on their lives.
For this reason, it is important to establish rules for interview and exchange as detailed as possible at the time of divorce.
Expenses for raising children
If you are a single parent, it is not easy for you to balance your life and child rearing by yourself.
In order to alleviate this economic burden, it is common for parent who is determined not to live with their children to pay for childcare.
At the time of divorce talks, childcare costs are often set at \xx per month until the child becomes adult (until graduating from college).
However, the setting may be revised according to changes in economic conditions, such as unemployment and remarriage.
Refusal to divorce
There are many cases that one of the parties is adamantly refusing to agree to a divorce."As long as the other party continues to refuse to divorce, it is not absolutely impossible to divorce," however, the court may have to grant a divorce in court procedures. In such cases, the "Cause of divorce" stipulated in the Civil Code should objectively proved.
For this reason, it is important to collect objective evidence that has caused the marriage to fail to the extent possible. Divorce can be justified by trial if objective evidence is firm to the Cause of divorce.Please consult an attorney who is an expert.
Cause of their divorce
There is a Cause of divorce admitted in the trial!
The following five legal Cause of divorce can be found in the courts.
- Act of unchastity
- Abandonment in bad faith
- More than 3 years of life or death unknown.
- Severe mental illness that cannot be recovered
- Serious cause that makes it difficult to continue the married life, etc.
"Act of unchastity" is an event that creates a feeling of breaking the duty of loyalty between a husband and wife.
Abandonment in "Abandonment in bad faith"refers to an act of neglecting the duty of support in which a husband and wife help each other.
Here, "Bad faith" refers to a state in which the act is consciously committed. A simple example is a case in which a person does not try to work even though he/she does not have problems in his/her health (a case in which he/she knows that he/she will suffer from problems in his/her later lives).
Divorce may also be permitted in a trial in cases where the spouse is missing or in cases where the spouse unilaterally suffers excessive burdens in marriage, such as mental illness, manic-depression, and dementia.
It should be understood that another reason is serious cause that makes it difficult to continue the married life.
In other words, even if your cause of divorce does not fall under the four above, if the serious cause that makes it difficult to continue the married life can objectively justify a divorce, there are cases in which a divorce may be allowed in court.
Type of divorce procedure (there are three main methods of divorce)
Divorce procedures are "Divorce by agreement","Divorce by arbitration","Judicial divorce" and "Divorce by ruling" in rare cases.
In Japan, divorce is often achieved through discussions called "Divorce by agreement".
However, in the event that a settlement is not reached through discussions, a third party, namely a mediator, may choose a "Divorce by arbitration".
Again, a divorce cannot be finally established if one party does not consent to divorce.
Nevertheless, if one party strongly desires divorce, the process of "Judicial divorce" can proceed on the assumption that the mediation could not settle.
If there is an objective Reason for divorce, a divorce can be established even if one party does not wish to divorce.
In the case of "Divorce by ruling", when the conciliation is not reached, it will be established when both parties agree to the breakthrough proposed by the Family Court.
However, in this case, divorce cannot be established without the mutual consent of both parties.
It is quite rare that a divorce can be established in a "Divorce by ruling" because the divorce was not established even if the mediator was in the middle of the divorce.
① Divorce by agreement (about 90%)
This is a result of a divorce talk between the husband and the wife (between the parties).
Complete the divorce notice and sign and seal it.
If you have a minor children, you must enter which party has parental authority.
"Divorce by agreement" requires two adult witnesses.
A divorce will take place if you fill out the notice properly, submit it to the municipal office.
② Divorce by arbitration (about 9%)
If a married couple does not reach a divorce, a single male and female mediator, called a mediator, can mediate the divorce by filing a petition with a family court.
Divorce through this mediation is called "Divorce by arbitration".
③ Judicial divorce (about 1%)
If a divorce cannot be reached after mediation, a divorce can be contested in court.
In this case, a divorce can be enforced even if one party does not wish to divorce.
However, a legally reasonable "Reason for divorce" must be established.
The divorce agreement is important even in an amicable divorce !
It is vital that the content of the promise be explicitly stated in the Divorce agreement!
If your marriage has cooled down to the point where you decide to get a divorce, you may feel intimidated to even discuss the terms of the divorce itself.Both parties may be so desirous of an early "amicable divorce" that they often file for divorce without any in-depth discussions.
There are many cases in which a vague verbal promise is made, but the vague promise may lead you to a difficult situation if you do not fulfill that promise.
When a married couple reaches a divorce agreement, make sure to create a legally effective Divorce agreement.
If a Divorce agreement is prepared by notarized document, its validity is enormous.
When the time comes, you can make a legal claim based on the Divorce agreement.
For those living in the vicinity of Matsuyama City who are considering divorce or who are in trouble with divorce without being divorced
Divorce is a new starting point in life. Especially when you have a child, it is an important decision that will affect your child's life.
Nevertheless, divorce is an important milestone in your life, so don't get into a lame discussion. In addition to your own legitimate rights that you are entitled to, please do not turn your back on your children's future, but instead face the issue and proceed with the discussion.
This may also narrow your child's future potential.
We will provide full support to the client in negotiating divorce as an agent, even in the event that the client is unable to speak with the other party.
Draw up conditions that are even more positive to future life and objectively demonstrate divorce as appropriate.
If you are currently considering divorce or have already been in trouble in discussing divorce, please consult with a legal professional corporation.
