September 24, 2025
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Introduction[1]
Prenuptial agreements are a familiar tool in many countries for couples who wish to clarify financial arrangements before marriage. In Japan, however, they remain relatively uncommon and are sometimes misunderstood. For international couples, especially those with significant assets in multiple jurisdictions, questions often arise regarding how such agreements are treated under Japanese law.
This FAQ is designed to address the most common concerns raised by non-Japanese clients considering a prenup in Japan. It covers the legal validity of prenuptial agreements, their enforceability by Japanese courts, procedural requirements, and cultural perceptions.
1. Is a prenuptial agreement legally enforceable in Japan?
Yes. Under the Japanese Civil Code, spouses may agree before marriage on a special property regime that differs from the statutory community of property system. Such an agreement can determine in advance whether certain assets are to be treated as separate property or as marital property. If validly executed before the marriage is registered, the agreement will generally be respected between the spouses.
2. Can Japanese courts override a prenup?
Japanese courts generally respect the intentions of the parties and interpret and enforce a prenuptial agreement according to its wording. That said、the court retain discretion to review the fairness of prenuptial agreements, especially at the time of divorce. Even if a contract has been properly executed, provisions that are manifestly one-sided (for example, a complete waiver of spousal support leaving one party in financial hardship) may be disregarded or adjusted by the court.
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[1] This communication is provided as a service to our clients and friends and is for informational purposes only. It is not intended to create an attorney-client relationship or constitute an advertisement, a solicitation, or professional advice as to any particular situation.