What are the points to be aware of when submitting a notification of divorce by mutual consent?

About witnesses

Two witnesses are required (not required for judicial divorce). Also, since the only requirement for a witness is to be an adult, siblings and acquaintances can be witnesses even if they are not parents.

non-acceptance request

If you are in the middle of discussing divorce and are worried that the other party will submit a divorce notification without permission, please submit a "rejection of non-acceptance" before the divorce notification is submitted. If you submit this, you can prevent it from being accepted even if the other party submits a divorce notification without permission.

At the time of notification

・If the divorce notification is written correctly, it doesn't matter which one of you has the notification. However, if there are any incompleteness in the notification form, etc., and there are parts that can only be corrected by the husband or wife, the notification may not be possible, so please contact us in advance if you have any questions.

・At the time of notification, we will ask you to present a so-called identification card with a face photo issued by a public office (within the expiration date) to confirm whether it is the person himself/herself. However, it does not mean that the notification cannot be made even if the confirmation cannot be obtained.

family register

・If you get divorced, the person whose surname changed at the time of marriage will be removed from the couple's family register.

・If you plan to create a new family register for yourself after divorce, you can arbitrarily decide the new permanent domicile. However, if there is no lot number at the desired address, we cannot set the permanent domicile at that address.

・A certified copy of the family register stating that you have divorced cannot be obtained on the spot. If you submit a divorce notification to the Inagi City Office, as a general rule, the family register in Inagi City can be obtained after 4 business days. However, it may not be possible to receive it after 4 business days due to the government office, the location of the registered domicile, or incomplete documents, etc., so please inquire for details.

Mr. (surname)

・As a general rule, if you change your name when you get married, you will return to your previous name when you divorce. If that person wants to continue to use his or her current surname after divorce, a notification under Article 77-2 of the Family Register Act (“notification of using the surname that was used at the time of divorce”) is required. This can be submitted at the same time as the divorce notification or within three months after the divorce.

・After getting divorced and reverting to your pre-marriage name, if you still want to use the name you had when you were married, you will not be able to file a notification under Article 77-2 of the Family Register Act if three months have passed since the divorce. If you want to use your married name, you can apply to the family court to change your name, and if you get permission, you can return to your married name by submitting a "change of name".

・If you want to return to your pre-marriage surname after submitting the notification under Article 77-2 of the Family Register Act, please file a petition to change your surname to the family court. If permission is obtained from the family court, you can use your pre-marriage surname by submitting a "notification of change of surname."

child

・When divorcing, it is necessary to decide who will have custody of the minor child of the couple. Please fill in the child's full name in the column of the person who has parental authority in the "Name of the minor child" column of the divorce notification.

・Even if the wife is designated as the custodial parent in the divorce notification, the child's family register and surname will not automatically change. If you want to add a child to your wife's family register after divorce, you need to go through the procedures at the family court (petition for permission to change the child's surname).

・After receiving permission to change the child's surname (change to the mother's surname) from the family court, the next person to submit the notification should submit a "registration notification" along with the attached documents.
Notifier
Parent if the child is under 15 years old
If the child is 15 years of age or older, the child himself/herself (as long as the child's signature is in the notifier column, the person with parental authority can bring it to the government office)
Attached document
Family court permission decision

Procedure after divorce notification

Regarding the procedures after the divorce notification, the necessary procedures differ depending on the individual. Common procedures include:
・Driver's license, health insurance card, financial institution account, etc. ・Notification of change in health insurance・Notification of change in pension type

・Application for Child Rearing Allowance・Application for Child Rearing Allowance (Upbringing Allowance)・Application for Single Parent Medical Subsidy