Division Decision
This issue, attorney-at-law Hangnyeon Chang advises on rights to a divorced partner’s assets
Dec 16, 2011 | Issue: 925 | No Comments | 950 views

Many women tend to think that wives automatically receive a large amount of money as compensation when they divorce. However, from a legal perspective, they are quite wrong. In Japan, even a battered wife might receive only ¥5 million as compensation in an ideal case. Normally, wives cheated on by their husbands tend to receive ¥2-3 million.

To receive compensation, you have to prove that your partner actually did something unlawful, like cheating, abuse, a long absence and so forth. So don’t forget to collect evidence before separating. It is strongly recommended to consult a lawyer before beginning to living apart from your partner.

Another important area to remember is the division of property. You can ask your divorcing partner to divide all assets like houses, bank deposits, securities, life insurance, and sometimes retirement allowance. You can ask him/her to divide their future employee pension—even if you haven’t worked.

Regarding such division, the source of each specific asset is important. If your house was bought by your partner’s parent, or if your partner bought it before the marriage, you have no right to any part of it. Also, if the partner bought it after the marriage, but used their own money or money received from their parents, you also cannot request a division. Thus sometimes there is a legal wrangle over a particular asset’s source.

Concubinary partners are also entitled to compensation or division of assets.

Free legal consultations in English, Chinese, and Korean. AITS Shinjuku Law Office. 3F Believe Shinjuku-Bldg. 1-26-9 Shinjuku, Shinjuku-ku. Tel: 03-5362-0907. Email iyota@aits-lpc.com. Nearest stn: Shinjuku. www.aits-lpc.com

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