Getting married in Japan
Congratulations! You are going to get married in the Land of the Rising Sun. Before the deserved celebrations, you, of course, have to seek information and advice on the formalities to be filled. Like most countries, Japan only recognizes civil marriage. It is of course possible to celebrate a traditional marriage as well. How do you get married as an expat in Japan? Here is a practical guide.
Questions to ask yourself before getting married in Japan
Should you get married in Japan?
International marriage means different legal systems. We are talking here about a wedding between two expatriates abroad (in Japan), or between an expatriate and a Japanese national. The marriage can take place in the host country (Japan) or in the expat's home country. By getting married in Japan, you are subject to Japanese law, and reciprocally, if you get married in your home country.
Which matrimonial regime should I choose?
There are three main types of matrimonial regimes in Japan: the universal community of assets, the legal community of assets, and the separation of assets regime.
It's worth noting that some people reject the separation of assets regime in the name of love. Instead, they choose the universal community of assets due to the fear of offending their partner. However, protecting oneself is not a sign of lack of trust. Even the universal community of property can include clauses allowing the recovery of assets acquired before the marriage, or in the event of the death of the spouse. The most important thing is to understand what each regime commits you to.
The general framework of matrimonial regimes in Japan
The universal community regime makes the bride and groom jointly and severally liable for all assets, including income and debts. All property acquired before and during the marriage becomes common to the couple.
The separation of property allows each spouse to keep all property and income acquired before and during the marriage. There is no solidarity in the face of debt. It is the regime of financial autonomy.
The reduced community of property guarantees that each spouse keeps the property and income acquired before the marriage. Afterwards, everything belongs to both spouses.
Specificities in Japan
In Japan, the default matrimonial regime is the separation of property. However, if one of the spouses owns an asset without being able to justify it, it will belong to both spouses.
Good to know:
While some countries do allow a change of matrimonial regime after marriage, this is not possible in Japan.
Draw up a marriage contract
You are advised to draw up a marriage contract, especially in the case of an international union, considering that every country has its own law regarding international mariages.
The Hague Convention of March 14, 1978, which came into force on September 1, 1992, determines which law will be applied to international marriages. It is mainly used to settle property disputes. However, only France, the Netherlands and Luxembourg have ratified it. Still, the convention has a universal scope: it applies to the signatory countries and to all those having a link with them. Japan has not signed the convention, but if a Japanese person marries a Dutch, French or Luxembourg national, it will apply.
Do I have to marry a Japanese national to get married in Japan?
No. Two foreign nationals can get married in Japan as long as the civil authorities representing their country and their officials authorized to celebrate the marriage are present in the country.
Does Japan allow same-sex marriage?
Japan is the last G7 member to prohibit same-sex marriages. On March 17, 2021, the Sapporo (Hokkaido) District Court ruled that the non-recognition of same-sex marriage violates Article 14 of the Constitution, which states that all citizens are equal before the law. In May 2022, Tokyo even said it would recognize same-sex marriage in November.
But on June 20, 2022, the Tokyo court affirmed that the non-recognition of same-sex marriage was not contrary to the Constitution. This was a huge disappointment for the LGBTQIA community. For several years, same-sex couples have been taking Japan to court. Nevertheless, some Japanese municipalities still issue "partnership certificates" (without legal value) to help same-sex couples.
Do I have to change my name after getting married in Japan?
According to article 750 of the Japanese Civil Code, spouses must have the same family name. This rule has been in force since 1896, despite the calls of feminist associations. The husband can take the name of the bride or vice versa. In practice, more women take their husband's name. But this rule does not apply to international marriages.
On the other hand, the child born in Japan will bear the name of the Japanese spouse. It is possible to ask for a name change by going to court. Note that in Japan, compound or multiple names do not exist.
Case of a civil marriage between a Japanese and foreigner in Japan
The principle is the same for all. The country of origin must be informed of the marriage. It must be registered on both sides. Only civil marriage is considered legal, but it is of course possible to organize another type of ceremony after that.
Obtaining the Certificate of Capacity to Marry
To obtain this document, applicants need to provide their Embassy with:
- A full copy of their birth certificate less than 3 months old. The procedure is free of charge and can be done online at your birth city hall.
- The information sheet concerning each spouse.
- The information sheet common to the future spouses. It is considered not serious if one does not yet know the precise date of his or her wedding. On the other hand, applicants should make sure to write down the city in which the spouses will file their marriage declaration form (konin todoke). This is the same city where the wedding will be celebrated, and by "celebration", we mean registration of the marriage with the Japanese civil officer.
- A photocopy of the applicant's identity card, or consular card, or valid passport.
- A photocopy of the resident card (zairyû card - photocopy of both sides).
- The spouses' marriage contract certificate or a notarized copy (optional).
The Japanese spouse must provide:
- His or her family register (koseki tonhon) less than 3 months old. This is the equivalent of the family record book. The koseki tonhon must be apostilled by the Japanese Ministry of Foreign Affairs before being translated by an agency approved by the applicant's Embassy in Japan.
- The common information sheet for spouses.
- The photocopy of the passport or any other identity document with photo.
The Embassy will publish the banns after receiving all the documents (within 10 working days if the application is complete).
Steps to take with the Japanese authorities
After having obtained their Certificate of Capacity to Marry, the spouses need request their marriage declaration form (konin todoke). There are two possibilities: They can go to the municipal office or download a model from the Internet. The form is entirely in Japanese, but Embassies usually provide practical information on how to fill it out. In case of doubt, the spouses should bring a draft to their Japanese city hall for correction.
The two witnesses must then fill in their own information. To be a witness in Japan, one just needs to be of required age, whether Japanese or not.
Spouses will need to gather the following documents to file their marriage application at the municipal office:
- A completed Konin todoke
- Passport and translation (it is not necessary to use a certified agency)
- Birth certificate and relevant translation (it is not necessary to use a certified agency)
- If applicable, the registered domicile (honseki) of the Japanese spouse
- A passport-size photo of the Japanese spouse.
Good to know:
City halls may ask for other supporting documents that may differ significantly from one municipality to another.
Celebration of the civil marriage in Japan
The celebration of the civil marriage is done at the town hall. It is called "nyû seki suru". Spouses need to present their konin todoke and the documents to the registrar. It is referred to as the "filing of the declaration of marriage". Both spouses' presence is mandatory, otherwise, the Public Prosecutor will invalidate the marriage (article 146-1 of the Civil Code). They need also to keep in mind the town hall's office hours. Some are open on holidays and weekends while others will require you to come only during the work week.
Transcribing the documents after the marriage
The spouses need to go to the nearest city hall to get the complete copy of their Japanese marriage certificate (konin todoke kisai kijo shômei). It must be apostilled by the Japanese Ministry of Foreign Affairs (Gaimushô).
In this case, the konin todoke kisai kijo shômei might need to be translated by an agency approved by your Embassy.
Important:
The whole document must be translated, except the apostille. The original document must be attached to the translation.
Spoyuses can also bring their marriage contract.
How much does it cost to register a marriage in Japan?
As you may have guessed, the mandatory transcriptions with authorized agencies are not free. You should count at least 5,000 yen (about 35 euros) for a transcription.
If you want to obtain proof of the marriage notification, you will have to pay 350 to 1500 yen (about 2.50 to 10.80 euros).
Finally, the affidavit will cost you at least 5,500 yen (about 40 euros). The affidavit is a statement that the foreign spouse who owns movable property makes under oath before a legal authority. The foreign spouse can claim tax exemption on these assets, as they are already taxed in their home country.
Applying for a spouse's visa in Japan
It's worth noting that the spouse visa for Japan (haigûsha visa, spouse or children visa) is only granted to married couples. Same-sex couples and couples in a civil union in Japan are not eligible for this visa. Being married does not automatically make you eligible for a visa for Japan.
If you are not yet a resident of Japan
If you are not yet a resident of Japan, you must have a CoE (Certificate of eligibility) to apply for a visa. Your Japanese spouse can request it from the Japanese immigration authorities. The situation is still delicate because of COVID-19, so check regularly with the competent authorities, especially concerning the deadlines.
If you already live in Japan
Go to the immigration services with the following documents:
- A visa application form
- A certificate of residence (jûminhyô). It can be obtained at the city hall.
- The family register (koseki tôhon) with mention of the marriage
- A questionnaire about your life: when did you meet your Japanese spouse, etc.
- Passport-size photos
- Informal photos of you and your Japanese spouse (on a walk, in a restaurant, on a trip, etc.). For the past several years, Japan has stepped up its fight against white marriages. The authorities are looking to see if you are really marrying for love.
- A letter of guarantee written by your spouse and/or a family member.
- A photocopy of your spouse's tax statement
- Your identity papers: passport, resident card (zairyû card)
- Your marriage certificate (konin todoke kisai jiko shômei).
If your application is accepted, the immigration services will ask you to provide a tax stamp (about 4,000 yens, 30 euros), your passport and your resident card. They will stamp your card to issue your new resident card as a spouse.
Civil marriage in Japan between foreigners
If your country is represented in Japan, you can get married at the Embassy. Neither you nor your spouse need to have Japanese nationality. However, at least one of you must reside in Japan. In order to file your application, you must provide the same documents as those required for mixed couples (see above).
The different types of wedding ceremonies in Japan
Remember that only civil marriage is legally recognized in Japan. Of course, nothing prevents you from having a religious or a lay wedding. This is called the "kekkon shiki" (wedding ceremony). In the Land of the Rising Sun, although traditions are still alive, western weddings are gaining in popularity, especially among the younger generation. The famous wedding dress has become the center of attention.
Shinto wedding (shinzen kekkon)
The bride and groom first celebrate the "nosai no gi", the traditional engagement ceremony. It is followed by the "shinzen shiki", the "marriage before the gods". The rites take place in a Shinto shrine. A Shinto priest assisted by a "miko" (a young priestess) organizes the ceremony (shinshoku).
The priest first purifies the couple. Then comes the "san san kudo no hai", a ceremony during which the spouses drink 3 cups of red lacquer prepared by the miko, containing sake. "San" means "3" in Japanese, "kudo" means "9 times". The number 9 is supposed to bring luck. The 3 cups represent the past, the present and the future.
Then comes the exchange of vows (seishi sôjô). The couple, in traditional costume, will then read out loud a scroll handed to them by the miko.
At the end of the ceremony, the bride and groom and their guests drink a cup of sake.
Church weddings in Japan
In Japan, Christians represent barely 1% of the population. Nevertheless, the church wedding is trending. There are those who follow their faith and those who are attracted by the warmer atmosphere of western weddings, the culture, the fashion, and/or the images conveyed by the social media.
Christians who get married in a church are baptized and present themselves before the priest, pastor, or orthodox priest, depending on their faith. A sermon or exhortation is given before or after the exchange of rings. Since the word "Christian" means "of Christ", Christians are married before God. They exchange vows and pledge fidelity to each other.
Most Japanese church weddings are outside of this framework. The bride and groom are usually not baptized. The church can be a real place of worship or simply a chapel attached to a reception place.
How much does it cost to get married in Japan?
A traditional wedding in Japan can be expensive: about 100,000 yen (720 euros), and prices can go up to more than 3 million yen (about 21,000 euros). A church wedding can be just as expensive.
That's why many couples in Japan prefer a "basic" wedding, limited to the essentials with a few relatives and a banquet. This formula is especially appealing to younger generations. It is, in fact, an advantage in these times of health and economic crisis.
Other couples opt for several small separate celebrations wherein the wedding ceremony is reserved for the family and close friends, while the banquet is for acquaintances (mainly work colleagues and business relations). The party (nijikai) is for friends. It is the time when the young couple chills. The atmosphere is relaxed, and all the friends participate in the expenses.
