Frequently Asked Questions (Notification of Family Register and Certification)

QuestionPlease tell me the points to be careful about when submitting a mutual divorce application.

Response

About Witnesses

Two witnesses are required (not necessary in the case of divorce by court). Also, the only condition for witnesses is that they must be adults, so siblings or acquaintances can serve as witnesses, not just parents.

Request for Non-Acceptance

If you are in the middle of discussions about divorce and are worried that your partner might unilaterally submit a divorce notification, please submit a "Request for Non-Acceptance" before the divorce notification is submitted. By doing this, even if your partner submits the divorce notification on their own, it will not be accepted.

Notification Time

• If the divorce notification is filled out correctly, either one of you can bring the notification form. However, if there are any deficiencies in the notification form that can only be corrected by the husband or wife, it may not be possible to submit it. If you have any questions, please inquire in advance.
• When submitting a Notification, we ask for the presentation of a "government-issued photo ID (valid)" to confirm your identity. However, you will not be unable to submit the Notification just because we cannot confirm your identity.

Family Register

• If you get divorced and your surname changed when you married, you can choose to be removed from the couple's family register and either return to your family register before marriage or create a new family register for yourself.
• When you plan to create a new family register on your own after divorce, you can freely determine your new registered domicile. However, if there is no land number at the desired address, you cannot establish your registered domicile at that address.
• A copy of the family register that records the divorce cannot be obtained on the spot at the time of notification. If you submit a divorce notification at Inagi City Hall, you can generally obtain the family register in Inagi City after 4 business days. However, depending on the office where the notification was submitted, the location of the registered domicile, or any deficiencies in the documents, it may not be possible to obtain it after 4 business days, so please inquire for details.

Last Name

• As a general rule, if a person's surname changes upon marriage, they will revert to their pre-marriage surname upon divorce. If that person wishes to continue using their current surname after the divorce, a notification under Article 77-2 of the Family Register Act ("Notification of Surname Used at the Time of Divorce") is required. This can be submitted simultaneously with the divorce notification or within three months of the divorce.
• If you want to use your married name after returning to your maiden name following a divorce, you cannot submit the notification under Article 77-2 of the Family Register Law if three months have passed since the divorce. If you wish to use your married name, you can apply to the family court for a name change, and if permission is granted, you can submit a "Notification of Name Change" to revert to your married name.
• After submitting the notification under Article 77-2 of the Family Register Act, if you still wish to revert to your name before marriage, please file a petition for a name change with the family court. If you obtain permission from the family court, you can adopt your name before marriage by submitting a "Notification of Name Change."

Child

• When getting a divorce, you must decide which parent will have custody of any minor children. Please fill in the child's name (full name) in the custody section of the "Name of Minor Child" field on the divorce notification form.
• Even if you designate your wife as the custodian in the divorce notification, the child's family register and surname will not change automatically. If you want to include the child in the wife's family register after the divorce, you need to go through the procedures at the family court (application for permission to change the child's surname).
• After obtaining permission from the family court for the change of the child's surname (to the mother's surname), the following notifier should submit the "Notification of Registration" along with the attached documents.
  Notifier
  If the child is under 15 years old, the guardian
  If the child is 15 years old or older, the child themselves (if the child's signature is in the notifier section, the guardian can bring it to the office)
  Attached Documents
  Family court's permission ruling

Procedures After Filing for Divorce

The procedures after filing for divorce vary depending on the individual. Common procedures are as follows.

• Various Name Changes
  Driver's License, Health Insurance Card, Bank Account, etc.
• Notification of Health Insurance Change
• Pension Type Change Notification
• Application for Permission to Change Child's Name (Refer to "Child" above)
• Application for Child Allowance
• Application for Child Allowance (Child-Rearing Allowance)
• Application for Single-Parent Medical Assistance

• Notification in such cases
• Pension Procedures
• Child Allowance (National System)
• Child Rearing Allowance (Child Rearing Allowance) (Tokyo System)
• Single-Parent Family Medical Expenses Assistance System