International Divorce: Governing Law, 14-Day Notice and 6-Month Rule

When couples in an international marriage consider divorce, many questions arise that are not present in divorces between Japanese nationals, such as “Is it over if we just submit a divorce registration to a Japanese government office?”, “Will the divorce be recognized in the spouse’s home country?”, or “Can the foreign spouse remain in Japan?”. In international divorce, five issues move simultaneously: which country’s law applies to the divorce (governing law), family register notification, notification to immigration and Status of Residence, surname, and child custody. Furthermore, the deadlines vary: notification to immigration is required within 14 days, notification to revert to one’s original surname is within 3 months, and Status of Residence requires attention within approximately 6 months.

This article organizes the notifications and deadlines for international divorce from various perspectives, based on the provisions of the Act on General Rules for Application of Laws, Civil Code, Family Register Act, and Immigration Control Act, as well as guidance from the Civil Affairs Bureau of the Ministry of Justice and the Immigration Services Agency.

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1. Conclusion: 5 Key Points to Understand First

• If one spouse is a Japanese national with a habitual residence (center of living) in Japan, the divorce will be governed by Japanese law (proviso to Article 27 of the Act on General Rules for Application of Laws). Divorce by agreement (divorce effective upon notification) under Japanese Civil Code is possible, and a divorce registration is submitted to the municipal office.
• Whether a divorce by agreement in Japan is recognized as valid in the spouse’s home country depends on the laws of that country. It is safe to confirm with the spouse’s home country’s embassy or consulate in Japan whether divorce procedures are also required in their home country.
• Foreign nationals residing under “Spouse or Child of Japanese National,” “Spouse or Child of Permanent Resident,” or “Dependent” (all based on spousal status) must submit a notification regarding spouses to the Immigration Services Agency within 14 days from the date of divorce (Article 19-16, item 3 of the Immigration Control Act). Failure to do so may result in a fine of up to 200,000 yen (Article 71-5, item 3 of the same Act).
• If a person with “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” Status of Residence continues to reside in Japan without engaging in spousal activities for 6 months or more consecutively without a legitimate reason, their Status of Residence may be revoked (Article 22-4, paragraph 1, item 7 of the Immigration Control Act). If they wish to continue living in Japan, they should consider an Application for Change of Status of Residence as soon as possible.
• A Japanese national who changed their surname to that of their foreign spouse can submit a notification to revert to their original surname without permission from the family court within 3 months from the date of divorce (Article 107, paragraph 3 of the Family Register Act). Regarding child custody, from April 1, 2026, it became possible to designate both parents as custodians in a divorce by agreement (Article 819, paragraph 1 of the Civil Code).

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2. Which Country’s Law Governs Divorce: How the Governing Law is Determined

The first thing to confirm in an international divorce is which country’s law applies to the divorce (governing law). In Japan, the “Act on General Rules for Application of Laws” stipulates how this is chosen.

The governing law for divorce is determined in the following order, by applying mutatis mutandis the provisions on the effect of marriage (Article 25 of the Act on General Rules for Application of Laws) (Article 27 of the Act on General Rules for Application of Laws):

1. If the spouses have the same national law, that law.
2. If there is no common national law, and the spouses have the same habitual residence law, that law.
3. If neither of the above applies, the law of the place with the closest connection to the spouses.

However, if one spouse is a Japanese national with a habitual residence in Japan, regardless of the above order, the divorce will be governed by Japanese law (proviso to Article 27 of the Act on General Rules for Application of Laws). In most cases, for couples consisting of a Japanese national and a foreign national living in Japan, Japanese law will apply due to this proviso.

For individuals with dual nationality, if one of the nationalities is Japanese, their “national law” is considered to be Japanese law (proviso to Article 38, paragraph 1 of the Act on General Rules for Application of Laws).

Spousal Situation	Law Applicable to Divorce (Principle)	Basis
Japanese national (residing in Japan) and foreign national	Japanese law	Proviso to Article 27 of the Act on General Rules for Application of Laws
Japanese national (residing overseas) and foreign national residing in the same country	Law of the spouses’ habitual residence	Articles 27 and 25 of the Act on General Rules for Application of Laws
Foreign national couple of the same nationality (residing in Japan)	Spouses’ national law	Articles 27 and 25 of the Act on General Rules for Application of Laws
Foreign national couple of different nationalities both residing in Japan	Japanese law (law of habitual residence)	Articles 27 and 25 of the Act on General Rules for Application of Laws

For those on overseas assignments or living back and forth between Japan and a foreign country, the applicable law may change depending on which country is their habitual residence. Since the judgment varies depending on individual circumstances, confirming this before proceeding with the procedures can help in planning.

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3. In Case of Divorce by Agreement in Japan: How to Submit a Divorce Registration

If Japanese law applies, a couple can divorce by agreement (Article 763 of the Civil Code). A divorce by agreement becomes effective upon notification as stipulated by the Family Register Act (Articles 764 and 739 of the Civil Code).

The outline of divorce registration according to the Ministry of Justice’s guidance is as follows:

• Where to submit: City hall, ward office, or town/village office of the notifier’s registered domicile or current address
• When to submit: For divorce by agreement, at any time. For divorce by judicial decision (divorce by judgment, conciliation, or family court decision), within 10 days from the date the decision becomes final.
• Witnesses: For divorce by agreement, the divorce registration form requires the signatures of two adult witnesses (seals are optional).
• Identity verification: For divorce by agreement, bring identification such as a driver’s license or passport (not required for divorce by judicial decision).
• Fee: None
• Required documents: May be required, so please confirm with the relevant municipal office in advance.

The documents required for a foreign spouse (such as documents proving nationality and their translations) vary depending on individual circumstances. As a general rule, foreign language documents must be accompanied by a Japanese translation, so it is advisable to inquire at the municipal office’s family register counter before submitting the notification to avoid multiple visits.

3-1. Will the divorce be valid in the other party’s country?

When a divorce by agreement is accepted by a Japanese municipal office, the divorce is legally established under Japanese law, and the fact of the divorce is recorded in the Japanese national’s family register. However, whether the other party’s country recognizes this divorce by agreement as valid depends on the laws of that country. Some countries may only recognize divorces through court procedures or may require separate registration procedures in their home country.

If the divorce is not recognized in the other party’s country, problems may arise, such as the foreign spouse being unable to remarry in their home country or their status registration remaining as married. It is advisable to confirm the necessary procedures in the home country with the other party’s embassy or consulate in Japan.

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4. When a divorce is established abroad (Japanese nationals residing overseas)

Even when a Japanese national residing overseas divorces based on local laws, a notification to reflect the divorce in the Japanese family register is required.

If a Japanese national residing in a foreign country has a certificate concerning a notification event prepared according to the procedures of that country, they must submit a copy of the certificate to the Japanese ambassador, minister, or consul stationed in that country within three months (Article 41 of the Family Register Act). In countries without Japanese diplomatic missions abroad, it is sent directly to the mayor of the municipality of the registered domicile.

On the other hand, in the case of divorce by judicial decision, there is a system to notify within 10 days from the date the decision becomes final (Article 77 and Article 63 (applied mutatis mutandis) of the Family Register Act). Since the method depends on how the divorce was established, please confirm with the Japanese diplomatic missions abroad or the municipal office of your registered domicile.

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5. [Foreign Spouse] “Notifications Regarding Spouses” to Immigration Services Agency within 14 days

The first immigration procedure that a divorced foreign spouse should undertake is the Notifications Regarding Spouses. Based on the guidance from the Immigration Services Agency, here are the key points.

Item	Content
Eligible persons	Mid- to long-term residents who have divorced or been bereaved of their spouse, and hold a Status of Residence of Dependent (limited to those who can engage in daily activities as a spouse), Spouse or Child of Japanese National (limited to those who have the status of a spouse of a Japanese national), or Spouse or Child of Permanent Resident (limited to those who have the status of a spouse of a Permanent Resident).
Deadline	Within 14 days from the date of divorce
Notifier	The mid- to long-term resident themselves
Method of notification	Electronic notification system (online), counter at a regional Immigration Services Agency office (presenting Residence Card), mail (enclosing a copy of Residence Card)
Matters to be notified	Name, date of birth, sex, nationality/region, address, Residence Card number, date of divorce
Failure to notify	May be subject to a fine of up to 200,000 yen

• For online notification, submission of documents proving the notified matters is not required. User registration is necessary for first-time users.
• For mail, write “届出書在中” (Notification enclosed) in red on the envelope surface and send it to the Notification Acceptance Section of the Tokyo Regional Immigration Services Bureau. There will be no contact regarding acceptance, so it is safer to send it by a method that leaves a delivery record.
• Those residing with the Status of Residence of “Long-Term Resident” do not need to submit Notifications Regarding Spouses even if they divorce (Immigration Services Agency Q&A).
• Even if a divorce registration is submitted to the municipal office, it is not automatically communicated to the Immigration Services Agency. The individual must notify the Immigration Services Agency separately from the divorce registration.

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6. [Foreign Spouse] The 6-Month Rule: Revocation and Change of Status of Residence

6-1. What is the “6-Month Rule”?

If a person residing under the Status of Residence of “Spouse or Child of Japanese National” or “Spouse or Child of Permanent Resident” (based on their status as a spouse) is found to have resided for 6 months or more without continuously engaging in activities as a spouse, their Status of Residence will be subject to Revocation (Immigration Control Act, Article 22-4, Paragraph 1, Item 7). However, this does not apply if there is a legitimate reason for not engaging in such activities.

The Immigration Services Agency states that while it is not mandatory to file an Application for Change of Status of Residence simultaneously with a divorce notification, individuals who reside for 6 months or more without engaging in activities as a spouse for no legitimate reason are subject to revocation. Therefore, the Agency advises them to change their Status of Residence to an appropriate one as early as possible.

6-2. Main Examples Where Revocation Is Not Carried Out

The Immigration Services Agency (formerly the Immigration Bureau of the Ministry of Justice) has publicly announced the following four main examples where the Revocation of Status of Residence is not carried out, as they are considered to have “legitimate reasons” or similar circumstances:

1. Cases where temporary refuge or protection is required due to domestic violence (so-called DV) from a spouse
2. Cases where the individual lives separately from their spouse due to unavoidable circumstances such as child-rearing, but shares a common livelihood
3. Cases where the individual has departed Japan for a long period with a Re-entry Permit (including a Special Re-entry Permit) due to reasons such as illness or injury of a relative in their home country
4. Cases where divorce mediation or divorce litigation is ongoing

Whether or not to revoke is determined based on individual and specific circumstances and is not necessarily limited to these four examples.

6-3. “Opportunity for Change” Considered Before Revocation

When facts falling under the 6-month rule are discovered and the Minister of Justice intends to revoke a Status of Residence, the Minister must give consideration to providing an opportunity to file an Application for Change of Status of Residence or an Application for Permission for Permanent Residence (Immigration Control Act, Article 22-5). Materials from the Immigration Services Agency state that even if an individual has resided for 6 months or more without engaging in activities as a spouse, a change to another Status of Residence may be permitted if there are circumstances such as caring for and raising a biological child who holds Japanese nationality.

What Status of Residence can be considered for a change varies depending on the individual’s history of residence in Japan, the presence and care situation of biological children who are Japanese nationals, the nature of their work, and their financial situation, and is not uniformly determined. If you wish to continue living in Japan after divorce, it is important to consider the possibility of changing your Status of Residence at an early stage, without waiting for 6 months to pass.

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7. [Japanese Spouse] Notification to Revert to Former Surname Must Be Within 3 Months

Even if a Japanese national marries a foreign national, the Japanese national’s surname does not automatically change. Within 6 months from the date of marriage, it is possible to change to the foreign spouse’s surname simply by filing a notification (Family Register Act, Article 107, Paragraph 2).

If a person who changed their surname by this notification divorces, they can file a notification to revert to their former surname only within 3 months from the date of divorce, without obtaining permission from the family court (Family Register Act, Article 107, Paragraph 3). If more than 3 months have passed, the procedure will be to change the surname with permission from the family court on the grounds of unavoidable circumstances (Paragraph 1 of the same article).

Situation	Surname After Divorce	Procedure
Did not change to foreign spouse’s surname during marriage	Remains original surname	No notification regarding surname required
Changed to foreign spouse’s surname and wishes to revert	Former surname	Only notification if within 3 months from date of divorce (Family Register Act, Article 107, Paragraph 3)
Wishes to revert to former surname after 3 months	Former surname	Notification with permission from family court due to unavoidable circumstances (Family Register Act, Article 107, Paragraph 1)

This mechanism differs from the “Notification to use the surname used during divorce” (Family Register Act, Article 77-2) used in divorces between Japanese nationals. This is because, in marriages with foreign nationals, the Japanese national’s surname does not automatically change upon marriage.

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8. Child Custody: Joint Custody Also Available from April 2026

8-1. Which Country’s Law Governs Parental Authority?

The legal relationship between parent and child is governed by the child’s national law if it is the same as the national law of the father or mother; otherwise, it is governed by the law of the child’s habitual residence (Act on General Rules for Application of Laws, Article 32). If a child of an international marriage holds Japanese nationality, even if they have dual nationality, their national law is considered Japanese law (Act on General Rules for Application of Laws, Article 38, Paragraph 1, proviso). Since the national law is the same as that of the Japanese parent, parental authority is often considered under Japanese Civil Code.

8-2. Both Parents Can Now Be Designated as Custodians in Divorce by Agreement

The Act Partially Amending the Civil Code, etc. (Act No. 33 of 2024), which was enacted in 2024, came into effect on April 1, 2026. As a result, when parents divorce by agreement, they must determine both or one of the parents as the person with parental authority through that agreement (Civil Code, Article 819, Paragraph 1). In a judicial divorce, the court determines both or one of the parents as the person with parental authority (same article, Paragraph 2).

• The Divorce Registration must include the name of the party designated as the person with parental authority and the name of the child over whom that person exercises parental authority (Family Register Act, Article 76).
• If there is a minor child, the Divorce Registration will not be accepted unless parental authority has been determined or a petition for family conciliation or family trial seeking the designation of parental authority has been filed (Civil Code, Article 765, Paragraph 1).
• When divorcing by agreement, matters such as the person who will care for the child, parent-child interaction, and the sharing of expenses for the child’s care (child support) must also be determined by agreement, and the child’s best interests must be given the highest priority (Civil Code, Article 766, Paragraph 1).

The Ministry of Justice’s example of a Divorce Registration also includes an example for cases where “both parents have parental authority over the child.” In international divorces, there are cases where one parent returns to their home country after the divorce. Whether to grant parental authority to both or one parent, and in which country the child will live, are issues directly related to the child’s life, so it is important to decide after thorough discussion.

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9. By Position: What to Confirm Now

9-1. For Foreign National Spouses

• Have you filed a Notification Regarding Spouses with the Immigration Services Agency within 14 days from the date of divorce (online, in person, or by mail)?
• If you plan to continue living in Japan after the divorce, have you started considering which Status of Residence to change to (do not wait 6 months)?
• When is the expiration date of your Period of Stay on your Residence Card?
• Have you confirmed with your home country’s embassy or consulate whether divorce procedures are also required in your home country?
• If your name changes, do you need to change your passport and file a notification of changes to registered matters on your Residence Card (within 14 days)?

9-2. For Japanese Spouses

• Have you reflected the person with parental authority and agreements on child care, child support, and parent-child interaction in the Divorce Registration?
• If you changed your surname to your foreign spouse’s surname, will you file a notification to revert to your original surname within 3 months?
• If you divorced overseas, have you submitted a copy of the certificate to a Japanese diplomatic mission abroad (embassy/consulate) or your registered domicile within 3 months?

9-3. For HR Professionals at Companies

• The Notification Regarding Spouses is an obligation of the foreign national themselves. It is not a system where the company files on their behalf.
• Those with the “Spouse or Child of Japanese National” Status of Residence have no restrictions on employment, but if they change to another Status of Residence, such as a work Status of Residence, after divorce, the types of work they can engage in may be limited to the scope of that Status of Residence. Please check the Status of Residence and Period of Stay on the new Residence Card.
• Divorce is a private matter. It is desirable to operate with consideration for the individual’s privacy, such as confirming at the time of Residence Card renewal or change, rather than prying into their circumstances.

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10. Frequently Asked Questions (FAQ)

Q1. If I file a Divorce Registration in Japan, will the Immigration Services Agency be automatically notified?

A. No, they will not. In addition to filing a Divorce Registration with the municipal office, a foreign national who holds a Status of Residence based on their spouse’s status must file a Notification Regarding Spouses with the Immigration Services Agency within 14 days from the date of divorce.

Q2. Do I have to apply for a change of Status of Residence immediately after filing for divorce?

A. The Immigration Services Agency states that it is not necessary to apply for a change simultaneously with the notification. However, since staying in Japan for 6 months or more without engaging in activities as a spouse without a legitimate reason may lead to revocation, it is advised to consider changing to an appropriate Status of Residence as soon as possible.

Q3. I am in the middle of divorce mediation, and it seems more than 6 months have passed since we separated. Will my Status of Residence be revoked?

A. The Immigration Services Agency has announced that cases of divorce mediation or divorce litigation are among the main examples where Status of Residence will not be revoked. However, decisions are made based on individual circumstances, so it is advisable to have documents proving that mediation is ongoing readily available.

Q4. I have a Status of Residence as a “Long-Term Resident.” Do I need to notify the authorities if I get divorced?

A. According to the Immigration Services Agency’s Q&A, individuals residing under the “Long-Term Resident” Status of Residence are not required to submit Notifications Regarding Spouses if they get divorced.

Q5. I changed my surname to my foreign spouse’s, but it has been four months since the divorce. Can I revert to my original surname?

A. You can revert to your original surname by simply submitting a notification within three months from the date of divorce (Article 107, Paragraph 3 of the Family Register Act). If more than three months have passed, you will need to go through a procedure to change your surname with the permission of the family court, citing unavoidable circumstances.

Q6. Both my spouse and I are foreign nationals. Can we get a consensual divorce in Japan?

A. This depends on the governing law of the divorce. If both spouses have the same nationality, their national law applies, so the question is whether that country’s law recognizes consensual divorce. If spouses of different nationalities both reside in Japan, Japanese law applies as the law of the habitual residence (Article 27 and Article 25 of the Act on General Rules for Application of Laws). In either case, please confirm the treatment in your home country with your respective embassy or consulate.

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11. Summary

International divorce is not simply a matter of submitting a Divorce Registration. There are various points to confirm depending on your situation: confirmation of the governing law, how the divorce is treated in Japan and the other country, notification to immigration within 14 days, securing a Status of Residence within approximately 6 months, and issues concerning surnames and parental authority.

1. Divorce from a Japanese national residing in Japan can be a consensual divorce under Japanese law (proviso of Article 27 of the Act on General Rules for Application of Laws).
2. Whether it is valid in the other country depends on that country’s laws. Please confirm with the embassy or consulate.
3. Foreign nationals with a Status of Residence based on their spouse’s status must notify immigration within 14 days of divorce.
4. If left unchanged for 6 months or more without a legitimate reason, it may be subject to Revocation of Status of Residence. Consider changing your Status of Residence early.
5. Japanese nationals who changed their surname to their foreign spouse’s can revert to their original surname by simply submitting a notification within 3 months. From April 2026, it will also be possible to designate both parents as holders of parental authority in a consensual divorce.

For procedures related to international marriage, please also refer to “Marriage Registration for International Marriage,” “Birth Registration for Children of International Marriage,” and “Basics of Spouse Visa (Spouse or Child of Japanese National).”

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As an Administrative Scrivener Corporation in Miyazaki City, Miyazaki Prefecture, our office assists with residence procedures accompanying international marriage and international divorce.

• Application for Change of Status of Residence after divorce (Authorized to File Applications on Behalf of Applicant)
• Consultation on various notifications to immigration, such as Notifications Regarding Spouses
• Consultation on residence procedures for foreign parents raising their biological children who are Japanese nationals
• Integrated consultation on marriage registration for international marriage, birth registration for children, and residence procedures

Please feel free to use our free consultation service first.

📩 Contact us here

📞 To book a phone consultation: 0985-68-0851

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This article is written based on publicly available information as of September 2026. The governing law of divorce, attached documents for divorce registration, and the treatment of divorce in the other country vary depending on the nationality, place of residence, and individual circumstances of the couple. Decisions regarding changes or revocations of Status of Residence are made by the Immigration Services Agency based on individual circumstances. For consultations regarding divorce conditions such as parental authority, child support, and division of property, or mediation/litigation in family court, please consult with a specialist such as an Attorney. For actual notifications and applications, please confirm with the official information from municipalities, Japanese diplomatic missions abroad (embassies/consulates), the Immigration Services Agency, or our office.

Author of this article: Administrative Scrivener Authorized to File Applications, Satoshi Nakayama

Representative, Administrative Scrivener Corporation Miyazaki International Legal Office

Location: Miyazaki City, Miyazaki Prefecture

Sources (Primary Information)

• e-Gov Law Search “Act on General Rules for Application of Laws” (Articles 25, 27, 32, 38) https://laws.e-gov.go.jp/law/418AC0000000078
• e-Gov Law Search “Civil Code” (Articles 739, 763-766, 819) https://laws.e-gov.go.jp/law/129AC0000000089
• e-Gov Law Search “Family Register Act” (Articles 41, 63, 76, 77, 77-2, 107) https://laws.e-gov.go.jp/law/322AC0000000224
• e-Gov Law Search “Immigration Control and Refugee Recognition Act” (Articles 19-16, 22-4, 22-5, 71-5) https://laws.e-gov.go.jp/law/326CO0000000319
• Ministry of Justice “Divorce Registration” (Guidance on Administrative Procedures) https://www.moj.go.jp/ONLINE/FAMILYREGISTER/5-3.html
• Civil Affairs Bureau, Ministry of Justice “Family Register Q&A on International Marriage, Birth Abroad, etc.” https://www.moj.go.jp/MINJI/minji15.html
• Civil Affairs Bureau, Ministry of Justice “Regarding the Act Partially Amending the Civil Code, etc. (Review of Child Rearing after Divorce of Parents, etc.) [Effective April 1, 2026]” https://www.moj.go.jp/MINJI/minji07_00357.html
• Immigration Services Agency “Notifications Regarding Spouses” https://www.moj.go.jp/isa/applications/procedures/nyuukokukanri10_00016.html
• Immigration Services Agency “Status of Residence Management System Q&A (Q80-Q149)” https://www.moj.go.jp/isa/publications/faq/newimmiact_4_q-and-a_page3.html
• Immigration Services Agency “Specific Examples of Cases Where Revocation of Status of Residence is Not Carried Out, Such as When There is a Legitimate Reason for Not Engaging in Activities as a Spouse” https://www.moj.go.jp/isa/applications/procedures/newimmiact_1_info_120703_01.html