【Expert Explanation】Does Nationality Change with International Marriage or Divorce?

International marriages are increasing in Japan as well. Unlike marriages between Japanese nationals, international marriages require specific procedures. We will explain in detail what happens to nationality in cases of international marriage and subsequent divorce.

Procedures for International Marriage

When a Japanese national and a foreign national marry internationally, the following procedures are required.

First, prepare the marriage registration form, family register transcript, passports, and Certificate of No Impediment to Marriage.

The marriage registration form is available at municipal offices. Fill in the couple’s addresses, names, dates of birth, etc., and affix your seals. Two witnesses are also required. The family register copy must be obtained in person at the municipal office of the spouse’s registered domicile, or by mail if the domicile is distant. Foreigners do not have a family register, so this document is not required.

If the foreign spouse resides in Japan, proof of nationality is required, necessitating a passport. The Japanese spouse also needs identification documents for verification, such as a driver’s license, My Number Card, or other photo ID, or a passport.

A Certificate of No Impediment to Marriage is a document proving that the foreign spouse is single and legally eligible to marry under their home country’s laws. It can be obtained from their embassy or consulate in Japan.

Does nationality change in an international marriage?

Even when a Japanese person marries a foreigner, neither party’s nationality changes; it remains as it was before.

However, when a Japanese woman marries a foreign man, certain procedures may be required depending on the man’s country of origin.

When a Japanese woman marries a man of French, Thai, or similar nationality, the man retains his nationality. On the other hand, if a Japanese woman does not wish to change her nationality, no procedures are necessary. However, if she wishes to change to her spouse’s nationality, she must complete a “Declaration of Intent” procedure. Through this procedure, the Japanese woman changes to her husband’s nationality and simultaneously loses her Japanese nationality.

When a Japanese woman marries a man of nationality such as Iran, Afghanistan, Saudi Arabia, or Ethiopia, the man retains his nationality. Conversely, the Japanese woman automatically acquires her spouse’s nationality upon marriage. However, this results in dual nationality. Therefore, she must submit a “Declaration of Nationality Selection” within two years of marriage to choose one nationality.

Does nationality change upon divorce?

Divorce does not change the nationality of a foreign spouse. However, if the spouse held a “Spouse Visa,” the following procedures are required:

First, within 14 days of divorce, visit the Immigration Services Agency, present the “Residence Card,” fill out the notification form, and submit it. Alternatively, notification can be submitted by mail or online. For mail submission, send the notification form and a copy of the Residence Card. For online submission, use the Ministry of Justice’s electronic notification system. However, you must register as a user beforehand.

Failure to submit this notification may result in disadvantageous treatment during future residence status changes or renewals, so be sure to file it.

Completing this notification allows you to remain in Japan for up to 6 months. If you wish to continue living in Japan beyond this period, you must change to another residence status during this time.

Summary

Generally, when a Japanese national and a foreign national marry, there is no change in nationality. Similarly, divorce does not change nationality. However, if the foreign spouse holds a “Spouse Visa,” procedures are required.


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