Common-law marriage is a situation where a couple is legally considered married without having the official ceremony or documentation.
In Japan, common-law couples have all the responsibilities and privileges of those in an official marriage.
This includes the obligation to remain faithful to each other and carry out his or her duties just as an officially married couple would.
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Are there other words for it?
Yes, informal marriage, marriage by habit and repute, non-ceremonial marriage, and sui iuris marriage.
These other names for common-law marriage are also known in Japan.
In the United States and perhaps a few other countries, it is simply referred to as living together.
Is the United States a common-law country?
Yes, it is. Although some jurisdictions in the United States prefer that a couple is officially married, common-law marriage is quite prevalent.
There are no legal ramifications for the couple in the States. That said, it is possible for the families to interfere and impose their will on the couple.
Some cultures are stricter about this than others.
Is Japan a common-law country?
No, not really. Japan is known for being a civil law country. A judge in Japan has a more authoritative role in society than in the states.
Technically, a common-law marriage is not illegal there.
However, that does not stop authorities from using ultra-persuasive tactics to make a couple submit to their wishes.
Is it legal for a couple to cohabitate in Japan?
There is no single provision for this in Japan. A couple who is in love but chooses not to marry in Japan is not doing anything illegal.
That may not stop their families or local societies from interfering, however, and pressuring the couple to marry.
What about same-sex couples?
In old Japan, same-sex unions were not permitted. Even cohabitation by same-sex individuals is not allowed.
This was in old Japan, however, keep reading for information on modern-day Japan regarding this issue.
In the United States, even though some people may frown upon this, same-sex unions or cohabitation is NOT illegal. People may do as they wish.
Same-sex unions in Japan today
Recently, Tokyo proclaimed an exciting ruling regarding same-sex couples.
The ruling proclaimed that a same-sex couple who had been legally, or unofficially married, and then divorced had the same rights as a traditional couple.
Does this imply that today in Japan, same-sex marriages are permitted? This is unclear but is a work in progress.
Time will tell how things progress on this important issue.
What happens in Japan when a common-law marriage is dissolved?
If such an event is happening to you, and you are in Japan, it is important for both of you to know your legal rights.
Otherwise, the division of assets or parental custody terms might not be handed down evenly.
There are attorneys in Japan who can help with this, just perhaps not as many of them as in the United States.
Marriage in Japan
In Japan, a marriage is a civil union where notification of the event is formally filed. It does not always include a ceremony.
There are many rules associated with a couple being permitted to marry.
Unlike the United States where freedom is prevalent, Japanese couples are NOT allowed to skirt the rules.
If they try, the punishment could be severe. So, what has to be done in order for a couple to marry in Japan?
Some marriage rules in Japanese culture
- The man must be at least 18 years old
- The woman must be at least 16 years old
- A person legally considered to be a minor must have at least one parent’s permission first
- Bigamy is strictly prohibited
- Blood relatives may not marry each other under ANY circumstances
- If one or both parties is a lineal relative by affinity, they cannot marry each other
- There are strict and definitive rules regarding the marriage of an adoptive parent
- If one or both parties is legally a Japanese national, the marriage must be on record with a family register
- In the case of the above-mentioned rule, one Japanese person must be the head of the couple
In Japan, is it legal to marry an international person?
It is legal, but there are stipulations. A foreigner who marries a Japanese citizen must first make it official.
He or she does this by swearing in an affidavit, specifically the one of Competency to Marry.
This proves to the Japanese authorities that the foreigner is legally approved by their home country to marry this person.
Will Japan officially recognize such a marriage?
Yes, this type of union will be legally recognized by Japan.
The law was enacted on March 14, 1873, the sixth year of the Meiji Period. This day is known in the Japanese culture as International Marriage Day.
Today it is also known as White Day. As long as all imperative criteria are met, Japan will recognize the marriage of a citizen to a foreigner.
Are Japanese citizens looking to date foreigners?
In reality, no they are not. If it happens, it is by chance and not something that was deliberately sought out. In fact, dating itself is not a priority in Japan.
To the people there, other activities are more important.
Also, in this country, less than 2% of its people are not Japanese.
When you combine this fact with that of the Japanese people do not date often, it is clear that marrying an international person is not done that much.
What are some worries a Japanese man may have about mixed-cultured marriages?
The primary worry is how the woman would fare with the strict rules and manners imposed on the couple by Japanese authorities.
This is especially true if the foreigner comes from a country like the United States that has many freedoms.
It would be difficult for such a woman to cope with the rigidness of Japan.
Another worry would be communication between the two individuals. There would be a cultural gap as well as a language barrier unless they were both proficient in the other’s native language.
This is true, not only of both parties in the couple but for their families too. How will they communicate with each other?
Useful facts about common-law marriages
There have been false claims that a common-law marriage is never recognized in the United States.
The truth is, in our modern society, these couples have the same legal rights as those who have had the ceremony and documentation.
The difference is in the precise form of the marriage, not its legal status.
Other Facts
Attitudes have also changed regarding common-law marriages in the States. Decades ago it was ridiculed by society and the individuals were often shunned.
Today it is widely accepted and in fact, most people regard it as nobody else’s business.
Sometimes the couple chooses to make it official later on, sometimes they do not. It is up to the people involved to decide.
What about Japan and common-law marriages today?
Japanese culture is old-fashioned with deep-seated beliefs and policies rooted in tradition.
Things there are not bad, they are just different from here in the States.
If a couple wishes to relocate to Japan for any reason, they should make it a point to know the current laws and respect them.
If they abide by this advice, they will have a nice life there.
