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Does this mean what I think it does?

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  • Does this mean what I think it does?

    I think the first part of the Japanese below means roughly that:
    Affair while separated.
    In the absence of sexual relations between a couple, and thereafter one engages in sexual activity, "adultery" cannot be used as reason for divorce. If in the case of still living together or living together but separately, "adultery" as a reason for divorce may be accepted.

    別居中(婚姻関係が破綻した後)の不貞

    夫婦関係が既に破綻している状態で、その後に配偶者が異性と性的関係を持 った場合、この性的関係と夫婦関係の破綻には因果関係は認められないので、当該「不貞行為」を 理由に離婚請求はできません。
    これは別居中に限らず、同居中において既に家庭内別居 の状態であると客観的に判断されれば破綻後の関係とみなされ、離婚の請求が棄却されてしまう場 合もあります。

    I don't really understand the actual meaning of this part.
    婚姻関係を修復・調整するための別居ならば、誤解を避 けるため、別居中に離婚の言葉を口にするのはやめまし ょう。
    「不貞行為」を離婚原因として、配偶者に慰謝料を請求 しようとお考えであれば、別居や家庭内別居は避けたほ うが良いでしょう。

    Can anyone help?

  • #2
    You misunderstood the first part, most importantly 破綻後の関係とみなされ、離婚の請求が棄却されてしまう場 合もあります。

    "Your request for divorce may be denied because this is seen as a post-failure (of marriage) issue."

    婚姻関係を修復・調整するための別居ならば、誤解を避 けるため、別居中に離婚の言葉を口にするのはやめまし ょう。
    "If you have separated in order to fix your marital relationship you should not say the word "divorce" to avoid any misunderstandings."

    「不貞行為」を離婚原因として、配偶者に慰謝料を請求 しようとお考えであれば、別居や家庭内別居は避けたほ うが良いでしょう。
    "If you are considering divorce and plan to request financial compensation from your spouse on the grounds of marital infidelity, it is best to avoid separation or same-house separation."

    Comment


    • #3
      Thanks so much. The reason I ask is because my wife and I are separated and she is requesting a divorce. I am opposing that because I don't want to lose my parental rights. However, a man isn't a camel. If she were to discover any hanky panky on my part, could she succeed in obtaining a divorce? My read on it from that passage is that it would be difficult. Am I understanding it correctly?

      Comment


      • #4
        夫婦関係が既に破綻している状態で、その後に配偶者が異性と性的関係を持 った場合、この性的関係と夫婦関係の破綻には因果関係は認められないので、当該「不貞行為」を 理由に離婚請求はできません。
        In the case of a spouse having sexual relations with a person of the opposite sex after the marital relationship has already failed, because these sexual relations cannot admitted as the cause of the failure, it is not possible to claim marital infidelity as the reason for divorce.

        これは別居中に限らず、同居中において既に家庭内別居 の状態であると客観的に判断されれば破綻後の関係とみなされ、離婚の請求が棄却されてしまう場 合もあります。
        This is not limited to separation. If it can be objectively shown that the couple were living in separation even in the same household, your request for divorce may be denied because this (the sexual relations) is seen as a post-failure (of marriage) issue.

        Get a lawyer and good luck with that.

        Comment


        • #5
          Originally posted by keianaq View Post
          Thanks so much. The reason I ask is because my wife and I are separated and she is requesting a divorce. I am opposing that because I don't want to lose my parental rights. However, a man isn't a camel. If she were to discover any hanky panky on my part, could she succeed in obtaining a divorce? My read on it from that passage is that it would be difficult. Am I understanding it correctly?
          Not all men have the need to go stick their _____ into the nearest woman after separation. You broke your vows and are looking for a way out.

          As JB says, good luck with that.

          Comment


          • #6
            Originally posted by Wiki View Post
            Not all men have the need to go stick their _____ into the nearest woman after separation. You broke your vows and are looking for a way out.
            Don't recall any vows being made. The dude at city office just took the paper. FWIW, my wife has a new guy in play and that is the reason for her wanting a divorce. I am happy that she can be happy, I just can't bear the thought of not having any contact with my child again. Really appreciate your sensitive answer. Thank you so much.

            Comment


            • #7
              Thanks Jimothy, Much appreciated.

              Comment


              • #8
                Originally posted by keianaq View Post
                Don't recall any vows being made. The dude at city office just took the paper.
                A marriage of convenience, if you weren't serious about marriage and commitment why expect sensitivity?

                FWIW, my wife has a new guy in play and that is the reason for her wanting a divorce.
                OK, but that wasn't part of your initial question, was it.

                However, a man isn't a camel. If she were to discover any hanky panky on my part, could she succeed in obtaining a divorce?
                This just makes me think you aren't really serious about having contact with your child.

                I am happy that she can be happy, I just can't bear the thought of not having any contact with my child again. Really appreciate your sensitive answer. Thank you so much.
                I'm giving you all the sensitivity you deserve. I'm sure this is a big learning curve on your part.

                Comment


                • #9
                  Originally posted by Wiki View Post
                  A marriage of convenience, if you weren't serious about marriage and commitment why expect sensitivity?


                  This just makes me think you aren't really serious about having contact with your child.



                  I'm giving you all the sensitivity you deserve. I'm sure this is a big learning curve on your part.
                  I am very grateful for your insightful observations. I feel that I have grown somewhat after such a useful exchange. Please continue to provide the board with your wisdom. Many others can benefit from your sage-like advice. Keep up the good work.
                  Last edited by keianaq; 2010-02-21, 07:02 PM.

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