Photo/Illutration Lawyer Masahito Nakai in Osaka’s Kita Ward on Feb. 3 (Tetsuaki Otaki)

OSAKA—A Filipino woman learned that not only was she divorced from her Japanese husband, but she had also signed over custody of her child to him.

The problem was that the signature on the divorce papers received at a municipal office was clearly not hers.

“My husband filed for divorce without my permission while we were living separately,” she said.

She was a victim of “unauthorized divorce,” a term that refers to cases in which a spouse files for divorce without the knowledge or consent of the partner.

It has become such a growing problem for foreign nationals married to Japanese that the Osaka Bar Association will hold an event titled, “One-Day Divorce Consultation Hotline for Foreigners,” on Feb. 15.

There, legal experts will provide free consultations on unauthorized divorce, domestic violence and other marital problems.

In Japan, when either party submits a divorce notification signed by both spouses to a municipal office, the divorce is finalized as long as the documents are complete.

There is no need to affix a seal to the document, so forged signatures have become a problem.

This system is said to be a remnant of the Meiji Era (1868-1912), when husbands, considered the “head of the household,” could unilaterally divorce their wives.

Foreign spouses can be put at a distinct disadvantage in Japan concerning unauthorized divorce due to their status or language barrier.

“Unauthorized divorce is possible even between Japanese nationals, but when foreign nationals are involved, the case is directly related to their status of residence as a spouse or child of a Japanese national,” said Masahito Nakai, a lawyer who is a member of the bar association.

“If they unknowingly lose that status, they may be unable to become permanent residents,” he said.

Nakai, who represented the Filipino woman, filed a petition for mediation to have the divorce annulled in March 2023.

In October that year, the Osaka Family Court ruled that “the divorce papers had been submitted and accepted without permission,” and annulled the divorce.

In a subsequent settlement, child custody was given to the woman, and the divorce was finalized.

Rikon Alert, a group that will co-host the Feb. 15 event, said the number of its consultations on unauthorized divorce has increased.

The group, which provides explanations on unauthorized divorce in 12 different languages on its website, handles up to 10 unauthorized divorce cases a year.

Ai Yamamoto, an official of the group, said there are also hurdles in the legal process to invalidate an unauthorized divorce.

“For foreign nationals who have few people they can rely on in Japan, there is a huge psychological and financial burden,” Yamamoto said.

Children could also be victimized by unauthorized custody decisions.

There is a system in place to file a “non-acceptance” petition in advance to prevent unauthorized divorce.

However, this can be a complicated and difficult process for foreign nationals.

Yamamoto said the group hopes to “help people recover from damage through our consultation services.”

On Feb. 15, telephone consultations (06-6363-1166) will be available from 10:30 a.m. to 4:30 p.m. Appointments are not necessary.

Face-to-face and online consultations are available with advance reservations made at the Association for Toyonaka Multicultural Symbiosis (06-6843-4343 or atoms1@a.zaq.jp).

The Osaka Bar Association’s human rights section also accepts inquiries (06-6364-1227).

For more information about Rikon Alert, check its website at: https://atoms9.wixsite.com/rikon-alert.

Related News