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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.

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.

  1. 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.
  2. 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.
  3. Acceptance and the marriage taking effect
    Once the marriage registration is accepted, the marriage takes effect under Japanese law.
  4. 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.

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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).
  5. Obtaining the marriage certificate
    You obtain the marriage certificate issued by the local authorities.
  6. 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.

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.

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.

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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.