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Last update May 24, 2011

Brasilian/Brazilian Divroce In Japan

H. Kawarazaki, esq.

I am a Brasilian/Brazilian working as a secretary in Australia. 4 years ago I was in Japan. I got married Japanese man and lived with him for 2 years.
But now I live with an Australian. I sent the divorce paper signed by me to my Japanese husband, but he did not submitt it to the Japanese ward office.
As I am 35 years old, I want to marry with an Australian to get a baby.
Will you give me some advice.

I don't know Brasilian law. I will explain mainly Japanese law. I will explain provided you reported your marriage to your Brasilian consul in Japan.
You wrote that your husband did not submitted the divorce paper signed by you to the Japanese ward office. If he submits the divorce paper to the ward office, divorce is valid in Japan. But I don't know whther it's also valid in Brasil.
Besides China, Japan, Korea and Taiwan most countries such as USA, France, Germany and Spain don't allow divorce only by agreement. These country allow divorce only by judgement.
I read in the book written 30 years ago that Brasil had no divorce system. I have also read in another book that Brasil had divorce system Dec. 27, 1977 and system was strict. Recently I read according Brasilian Divorcem Act (1977) Article 5 and 25 a Brasilian can get divorce judgement after 3 years from the time he(she) got separate decicion of court.

So I recommend you to check whether you can divorce by agreement according to Brasilian law and whether you can divorce out of Brasilian court.
If you can divorce out of Brasilian court, you can bring divorce action against your husband in Japan. In lawsuit governing law is Japanese law ; The general rule method regarding the application of law 27 and 25. According to Japanese precedent you can get divorce if you were not seriously responsible for separation. Regarding property you have the right to almost half of the property that you both got after marriage.

If you can't divorce out of Brasilian court, you must bring divorce action against your husband in Brasil.
If you get a baby without divorce procedure, you will have some lawful trouble in deciding baby's father.