How do marriage procedures differ between Japan and abroad?
Foreigners Employment Support Organization (FESO) / Published / Last updated
This article is a translation of the Japanese original. Where the two differ, the Japanese version prevails.
Read the Japanese original(日本語版を読む)
Answer
For an international marriage, you follow Japanese law if you marry in Japan, and the law of that country if you marry abroad. If you marry in Japan, the key step is preparing the 婚姻要件具備証明書. If you marry abroad, you file a 報告的届出 with Japan within 3 months. In either case, living together in Japan requires a separate procedure for a status of residence.
What is this enquiry about?
A couple about to go through an international marriage asks whether to handle the procedure in Japan or abroad.
Subject: procedures for an international marriage
Situation: A Japanese national and a foreign national plan to marry. They have heard that the documents and the steps differ depending on whether they go through the procedure in Japan or in the other person's country, and they are unsure what to do.
Question: How do marriage procedures differ between Japan and abroad? What documents should we prepare, and what should we be careful about?
The requirements for a valid marriage, the documents needed, and the steps involved differ greatly from country to country. Gathering information early is what gives you room in your preparation time.
If you marry in Japan, what are the steps?
Under Japanese law, you file a marriage registration at a municipal office.
Preparing the documents The Japanese national needs a certified copy of the family register (the most recent one). The foreign national needs a 婚姻要件具備証明書 (Certificate of Legal Capacity to Contract Marriage) issued by their home country (a document proving that they are single; a Japanese translation is required), a passport, and, where necessary, a certificate of nationality or a birth certificate (a Japanese translation is required), plus any other documents the municipal office asks for.
Filing the marriage registration at the municipal office With the documents together, you file the marriage registration at the municipal office for your registered domicile or your place of residence. Please always check in advance with the municipal office that has jurisdiction which documents are needed and what has to be prepared beforehand.
Acceptance and the marriage taking effect Once the marriage registration is accepted, the marriage takes effect under Japanese law.
The status of residence for the foreign spouse To live together in Japan, the foreign spouse needs to obtain 在留資格「日本人の配偶者等」 (Spouse or Child of Japanese National). This is a separate application from the marriage registration.
What should you be careful about in the procedure in Japan?
Obtaining the 婚姻要件具備証明書 and getting foreign-language documents translated into Japanese are the biggest points.
婚姻要件具備証明書: in some countries this takes time to issue. Please check with the authorities in your home country in advance. In countries where it is not issued, a certificate saying so, or a sworn declaration, may be accepted instead
Translating documents: any document written in a foreign language must have a Japanese translation attached, with the translator's name stated
Checks by the municipal office: the office checks that nothing is missing from the documents you submit and that the formal requirements are met
Steps after the marriage takes effect: the foreign spouse needs to have a 在留カード (Residence Card) issued and to register their address
If you marry abroad, what are the steps?
You follow the law of that country, and within 3 months after the marriage takes effect you file a 報告的届出 with Japan.
Checking with the Japanese embassy or consulate-general there Ask the Japanese embassy or consulate-general in the country where you plan to marry about the marriage procedure there and the documents required.
Checking the local law and procedure Ask the authorities in the other person's country about the requirements for a valid marriage, the documents required, and the steps involved.
Preparing the documents The Japanese national is often asked for a certified copy of the family register, a 婚姻要件具備証明書 (in some cases this needs authentication by the Ministry of Foreign Affairs of Japan), a passport, and so on.
The procedure at the local authorities You go through the marriage procedure under the law of the other person's country (registration at a government office, a religious ceremony, and so on).
Obtaining the marriage certificate You obtain the marriage certificate issued by the local authorities.
Filing a 報告的届出 with Japan After the marriage takes effect, within 3 months you file a marriage registration (報告的届出, a report of a marriage that has already taken place) with a municipal office in Japan or with the Japanese embassy or consulate-general. You attach the local marriage certificate with its Japanese translation, the certified copy of the Japanese national's family register, and so on.
What should you be careful about in the procedure abroad?
Requirements differ from country to country, and you need to watch the authentication of documents.
Checking the country's law and procedure: the requirements for a valid marriage (age, parental consent and so on), the documents needed, and the steps are completely different from country to country. Please always check the details in advance with the authorities in the other person's country
The Japanese 婚姻要件具備証明書: you may be asked to submit a document proving that the Japanese national is single. You obtain it from the Legal Affairs Bureau in Japan, and depending on the other person's country it may need authentication (an apostille) by the Ministry of Foreign Affairs of Japan
Authentication of documents: an apostille is the procedure used between countries party to the Hague Convention, while consular authentication is the procedure used with countries that are not party to it
The language barrier: where the procedure is carried out in the local language, you may need to arrange an interpreter
Differences in culture and custom: the style and customs of a wedding also differ greatly from country to country. Talk it over carefully with your partner in advance
Is there anything that applies both in Japan and abroad?
Preparing documents takes more time than you would expect, so it matters to start early.
Preparing documents takes time: obtaining, translating and authenticating foreign documents in particular takes time
The language barrier: this is a challenge not only in the procedure but in daily life. We suggest starting to learn the language early
Differences in culture and custom: differences in values and in the way you live can cause friction. Respecting each other and trying to understand each other matters
Differences in legal systems: it is a good idea to have some understanding of systems you may have to deal with in future, such as divorce and inheritance
Status of residence: if you are going to live together in Japan, the procedure for the foreign spouse's status of residence is very important. Without an appropriate status of residence, there is a risk of staying in Japan unlawfully
Keeping records: keep the documents and emails exchanged during the procedure, just in case
Frequently Asked Questions
What is a 婚姻要件具備証明書?
It is a document proving that you meet the requirements for marriage, such as being single. If you marry in Japan, the foreign national obtains it from their home country and attaches a Japanese translation. If a Japanese national marries abroad, they obtain it from the Legal Affairs Bureau in Japan.
If we marry abroad, do we also have to register in Japan?
Yes. Within 3 months after the marriage takes effect, you file a marriage registration (報告的届出) with a municipal office in Japan or with the Japanese embassy or consulate-general there. You attach the local marriage certificate with its Japanese translation, the certified copy of the Japanese national's family register, and so on.
What is the difference between an apostille and consular authentication?
An apostille is a procedure for authenticating documents used between countries party to the Hague Convention, while consular authentication is the procedure used with countries that are not party to it. Which authentication you need depends on which of the two the other country falls under.
Once we file the marriage registration, can we live together in Japan?
Acceptance of the marriage registration and the status of residence are separate procedures. To live together in Japan, the foreign spouse needs to obtain 在留資格「日本人の配偶者等」 separately.
This article provides general information. Immigration rules change, and outcomes depend on individual circumstances. Please check the Immigration Services Agency website or consult a qualified specialist.
This page is a translation of the Japanese original. Where the two differ, the Japanese version prevails.