This article is about marriage between a Japanese and a non-Japanese in accordance with the formalities provided by the law of Japan or of a foreign land. Procedures and rules mentioned in this article are mainly those of Japan, but in some cases other requirements are imposed by the homeland of the non-Japanese spouse, or by the foreign land where the concerned couple marry.
In general
The legality of a marriage for each spouse is determined by the homelandlaw of the spouse.
The homeland law of a person is the law of the country of citizenship of the person.
If a person has more than one citizenship, and if one of the citizenships is Japan, the homeland law is the law of Japan;
If a person has more than one citizenship, and none of them is Japanese, the homeland law of the person is the law of the country where the person habitually lives.
as to a concerned person with nationality of a nation in which laws are different according to locality, the homeland law is the local law under rules of the nation or, if the nation doesn't have such rules, the homeland law is the law of the local area which is most closely related to the person.
Required translation
Each paper, document mentioned in this article as required by Japan, if not written in Japanese, needs to be accompanied with translation into Japanese; one of the concerned persons can themself be the translator; their name must accompany the translation.
Legal documents
When a Japanese and a non-Japanese are intending to marry
in accordance with Japanese rules, homeland certification is required regarding the concerned non-Japanese that they are permitted to marry ;
in accordance with foreign law, certification by Japan may also be required.
Japanese regulations
Notification
If a couple including a Japanese citizen marry in Japan, the marriage is to be in accordance with Japanese law. Thus Japan requires notification of the marriage. Japan's diplomatic establishments abroad can not legally accept a notification of a marriage of this type.
Competence certification as to the concerned non-Japanese
Japan requires competence certification as to the concerned non-Japanese, as a paper in principle, to be submitted; if the homeland is one which doesn't issue this certification,
if he / she swears in the presence of the homeland's consul in Japan that he / she has legal competence under the homeland law to get married with a Japanese, the written oath signed by the consul might be the substitute for this certification paper;
if even the substitutes can not be submitted, a copy of the homeland law on marriage with its source clarified, and identity certification issued by the homeland's official institution such as a passport, are required instead.
Family register
The fact the Japanese got married with the non-Japanese is to be recorded in a family register with the concerned Japanese written at its head; if the Japanese is one not written at the head, a new family register for the concerned couple is to be created.
Family name
While a rule of Japan for the common surname is not applied to the couple, the concerned Japanese can change his or her surname to that of the concerned non-Japanese spouse by filing notification as such. This notification, if not within 6 months of the day the marriage became effective, needs permission in advance from a family court.
issued in Japanese of the municipality of the domicile of family register;
issued in a foreign language of a Japan's diplomatic establishment abroad;
this certification paper is called in Japanese.
Certification as to the marriage
By a delivery of an authorized copy of certification as to the marriage issued by the foreign land, the marriage is regarded under law of Japan as one in accordance with the formality of the foreign land.
Notification
Japan requires the authorized copy of certification as to the marriage
to be submitted to a Japan's diplomatic establishment abroad, or,
to be sent by post or submitted to the municipality of the domicile of family register,
within 3 months of the day the marriage got effective; when the authorized copy of certification is legally accepted, the fact the Japanese got married with the non-Japanese is to be recorded in the family register of the concerned Japanese.
