Hi all,
I am seeking suggestions regarding a prenuptial agreement in Japan. My Japanese partner and I have been married in Japan for several years without a prenup, but we have now decided to get one. However, it appears that a prenup signed after marriage may not be enforceable under Japanese law, as Civil Code, Article 754 states: ‘The contract between spouses can be revoked at any time during the marriage by either spouse.’
We have considered the option of getting a divorce, followed by the execution of a prenup, and then remarrying.
Now, here are my questions:
1. Do you foresee any potential issues with the above plan?
2. What is the average cost I can expect to pay in order to:
(a) Have a legal office prepare a divorce agreement (離婚協議書) stating that all assets acquired during the marriage are owned by the individual who earned them. Also, do I actually need this agreement drafted by a legal office or is there a cheaper way to do this?
(b) Have a legal office prepare a prenup (including drafting by a legal professional) outlining how assets acquired after remarrying will be recognized (essentially the same as above, owned by whoever earned them)?
3. Can you suggest a legal office where I can request the preparation of these documents (Tokyo).
4. Any other insights/information/things I should consider appreciated!
PS: I am non-Japanese but fluent, and partner is Japanese. Hence, the legal office can be a Japanese one.
by HuntApprehensive8050