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  • forged divorce

    i am in the us (i am a native) and my wife is japanese. we have been apart because i needed to finish my degree. recently we got into a fight and she has been in a very bad state which i think made her parents worry. she is depressed and they maybe blamed it on me, but for whatever reason her mother decided to forge our divorce somehow. i've seen things online about wives forging the signature of their spouse, but never of the parent forging everything. how illegal is this and can i do anything about it legally to contest it? i'm also wondering what form she could have signed? in any case it seems the legal system regarding marriage in japan is a joke to me at this point.

  • #2
    This requires an actual lawyer and not a post on a website.

    The burden is on you to prove it was forged of course. If you are not currently residing in Japan that will work well for showing that you were not even present but it makes it next to impossible to fight I think.

    Parents will always do what ever they can for their children. I have heard of mothers doing far worse. And I have dealt with my own mother in law.

    The bottom line is why do you want to fight it? Are you going to gain anything by fighting?

    Comment


    • #3
      As the days go by I agree with you. We have not been married long and my wife has shown that she is not committed enough to work around this and come up with an alternative living situation (we had planned to live with her parents at first). But I digress.

      At this point I'm simply curious what exactly the law is in Japan regarding this. My wife tells me there is a law which allows parents to get their children divorced. I've heard that it's a good idea to get a copy of the family register in case I need to prove that I am not married in the future. Perhaps the embassy can answer any concerns I may have? I will try them tomorrow.

      Thank you for your reply so far. I welcome further input should anyone have any.

      Comment


      • #4
        Originally posted by ihaveaquestion View Post
        As the days go by I agree with you. We have not been married long and my wife has shown that she is not committed enough to work around this and come up with an alternative living situation (we had planned to live with her parents at first). But I digress.

        At this point I'm simply curious what exactly the law is in Japan regarding this. My wife tells me there is a law which allows parents to get their children divorced. I've heard that it's a good idea to get a copy of the family register in case I need to prove that I am not married in the future. Perhaps the embassy can answer any concerns I may have? I will try them tomorrow.

        Thank you for your reply so far. I welcome further input should anyone have any.
        just sign the papers, get divorce and move forward.

        Comment


        • #5
          Originally posted by ihaveaquestion View Post
          My wife tells me there is a law which allows parents to get their children divorced. I've heard that it's a good idea to get a copy of the family register in case I need to prove that I am not married in the future.
          Point 1. No such law allowing parents to get their children divorced. But I think what she might mean is Point 2 below.

          Point 2. If a divorce application is lodged with the Japanese authorities, and you are agreeable to the content and consent to your signature or han being used, then I believe it is legit, even if you are in the US.

          Point 3. Yes, the copy of the register is equivalent to a divorce certificate.

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          • #6
            This thread is giving me some ideas.

            Would it be possible to divorce my favorite idol and her husband, and sort of, pave way for me in there?

            Comment


            • #7
              Originally posted by Marius_II View Post
              This thread is giving me some ideas.

              Would it be possible to divorce my favorite idol and her husband, and sort of, pave way for me in there?
              LMAO

              You're a funny guy, Marius... and devious... that could work

              Comment


              • #8
                Originally posted by Marius_II View Post
                This thread is giving me some ideas.

                Would it be possible to divorce my favorite idol and her husband, and sort of, pave way for me in there?
                Nice try. The divorcing parties named in the application must also be the same ones imprinting or Okaying signatures or han!

                Comment


                • #9
                  Originally posted by YokohamaYamate View Post
                  Nice try. The divorcing parties named in the application must also be the same ones imprinting or Okaying signatures or han!
                  Shutup. I am so divorcing you and your wife.
                  Last edited by Marius_II; 2009-06-01, 11:51 AM.

                  Comment


                  • #10
                    Originally posted by ihaveaquestion View Post
                    i am in the us (i am a native) and my wife is japanese. we have been apart because i needed to finish my degree. recently we got into a fight and she has been in a very bad state which i think made her parents worry. she is depressed and they maybe blamed it on me, but for whatever reason her mother decided to forge our divorce somehow. i've seen things online about wives forging the signature of their spouse, but never of the parent forging everything. how illegal is this and can i do anything about it legally to contest it? i'm also wondering what form she could have signed? in any case it seems the legal system regarding marriage in japan is a joke to me at this point.
                    Divorce by consent is effectuated by the filing and acceptance by a local municipal office of the form of consent divorce.The law provide that both parties and two witnesses should sign the form.If the divorce is based on a party`s consent, his/her signature could be done by another person acting on his/her behalf and it was not absolutely requried that the parties themsleves attend the government office personally.
                    All this means that your wife`s mother, when visiting the city/ward hall, had to prove that she was acting on your behalf and that your consent is a real thing.I have no idea how she managed that.Did you actually see the koseki? Is your wife divorced with your? Or it is only her stupid bluff? Nowdays authorities are not in a hurry to accept divorce papers if both parties are not in presence, especially if a foreigner is involved.Even if your mother-in-law managed to file your divorce (which I doubt), it is her problem to prove that she was acting on your behalf.You don`t have to prove anything.A person who makes a false statement causes the official makes a false entry in the family register, shall be punished by imprisonment for not more than 5 years or a fine of not more than 500,000 yen (article 157 the Penal Code of Japan).
                    www.international-divorce.com/d-japan.htm
                    www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf
                    http://www.okinawahdr.com/japan-news...father-of-baby

                    Comment


                    • #11
                      Originally posted by let`s talk View Post
                      Divorce by consent is effectuated by the filing and acceptance by a local municipal office of the form of consent divorce.The law provide that both parties and two witnesses should sign the form.If the divorce is based on a party`s consent, his/her signature could be done by another person acting on his/her behalf and it was not absolutely requried that the parties themsleves attend the government office personally.
                      All this means that your wife`s mother, when visiting the city/ward hall, had to prove that she was acting on your behalf and that your consent is a real thing.I have no idea how she managed that.Did you actually see the koseki? Is your wife divorced with your? Or it is only her stupid bluff? Nowdays authorities are not in a hurry to accept divorce papers if both parties are not in presence, especially if a foreigner is involved.Even if your mother-in-law managed to file your divorce (which I doubt), it is her problem to prove that she was acting on your behalf.You don`t have to prove anything.A person who makes a false statement causes the official makes a false entry in the family register, shall be punished by imprisonment for not more than 5 years or a fine of not more than 500,000 yen (article 157 the Penal Code of Japan).
                      www.international-divorce.com/d-japan.htm
                      www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf
                      http://www.okinawahdr.com/japan-news...father-of-baby
                      Wow that is a serious offense. I did not consent, so any consent which she proved was falsely done. The problem is I am not a mean person, I am baffled by my whole wife's family right now, but unlike them I still love them all and would not wish to put my wife's mother in jail for five years. It is calming to know that it is in fact illegal though. I take back what I said about the legal system in Japan being a joke.

                      The jokes above about divorcing a idol from her husband were funny. It made me feel better. I think from this post you can see that such a thing would get you in jail however.

                      Also about the koseki, I have asked to have my wife retrieve the documents but I have not seen a copy yet. I am not taking any further actions until I see proof.

                      Comment


                      • #12
                        Originally posted by ihaveaquestion View Post
                        I am not taking any further actions until I see proof.
                        You should be laying ground work for things to come. If things work out then no harm done, but if things go south, you will have made some progress. You can have a friend pick up documents for you if you write a ϔC (ininjou)

                        Comment


                        • #13
                          Originally posted by ihaveaquestion View Post
                          Also about the koseki, I have asked to have my wife retrieve the documents but I have not seen a copy yet. I am not taking any further actions until I see proof.
                          You can visit the nearest J-embassy and submit a request not to accept the divorce notification to the publc office in which the family register of your Japanese spouse is held.If you don`t have any proof that you are divorced, you can submit this request.It will block the divorce (if it is not done, as I think).This request is valid for six months.
                          Last edited by let`s talk; 2009-06-03, 12:09 AM.

                          Comment


                          • #14
                            Search a new J-wife

                            Be cool.
                            your mother-in-law is smart.
                            she fooled you,by stealing your hanko.
                            send her to jail and enjoy the day.
                            Originally posted by ihaveaquestion View Post
                            i am in the us (i am a native) and my wife is japanese. we have been apart because i needed to finish my degree. recently we got into a fight and she has been in a very bad state which i think made her parents worry. she is depressed and they maybe blamed it on me, but for whatever reason her mother decided to forge our divorce somehow. i've seen things online about wives forging the signature of their spouse, but never of the parent forging everything. how illegal is this and can i do anything about it legally to contest it? i'm also wondering what form she could have signed? in any case it seems the legal system regarding marriage in japan is a joke to me at this point.

                            Comment

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