By Elena Giannattasio, International Family Lawyer in New York, Multi-Jurisdictional Divorce, PLLC
Prenuptial Agreements are recognized in Japan under the Japanese Civil Code, so that spouses to structure their marital property rights before marriage. Such prenuptial agreements may select the governing law based on nationality, habitual residence, or the location of property. Registration is necessary only for enforceability against third parties, not between spouses.
Our Global Practice Perspective
International families benefit from Japan’s flexible choice-of-law framework, especially when assets or residences are located in multiple countries. However, public policy considerations and protections for financially vulnerable spouses mean that certain provisions, particularly those limiting support, may not be fully enforceable in Japan.
From New York and San Francisco, international family lawyer Elena Giannattasio advises clients with cross-border family law matters involving Japan, providing advanced forum analysis and strategic coordination with trusted local counsel in Japan and other relevant jurisdictions, as appropriate.