For those who are suffering from divorce
Divorce … these days, it is called “batuichi”, and divorce is no longer unusual.However, it is serious that the woman has the child and lives in the fact socially and economically.What I always feel about divorce is the importance of consulting an expert early.
I think that there are various troubles such as alimony, child support, and the property giving.The administrative scrivener is working on filing and consulting documents about divorce and advising customers.In addition, confidentiality obligations are strictly stipulated by law, so you can consult with confidence.
◇Types of divorce
◇Divorce talks
◇Fair Deed
◇Flow of divorce consultation
Types of Divorce
Ninety percent of divorces are “discussed divorces” decided by the discussion of the married couple.If there is no discussion, it is a “mediation divorce” to appeal mediation to the family court, and if mediation is not settled, it becomes “statutory divorce”.
◇Consultation divorce
This is true for more than 90% of divorces in Japan.When a consultation divorce is discussed by the parties and a divorce is filed with the government office, it is formally accepted and the divorce is concluded.
Although the divorce was approved, a lot of trouble will occur if the arrangement such as alimony, child support, and the property giving, etc. is decided.Therefore, it is important to write a divorce agreement form that the two parties have discussed and negotiated.
◇Mediation divorce
If the resolution is difficult through discussions only with the parties, we will appeal mediation to the family court.This is called a “mediation divorce” to divorce.
A mediator and a judge, selected from a person with a wealth of private knowledge and experience, will come in between the two to listen to both sides, give advice and mediate.This is done privately for privacy reasons.
◇Statutory divorce
You can file a lawsuit in the family court when you are not able to settle a “consultation divorce” or “mediation divorce”.
When it comes to divorce by trial, “It is not allowed unless there is a divorce cause as defined by law.
When it comes to divorce trials, the time and mental burden increases when you talk to each other in a public courtroom or go to a family court several times.If you ask a lawyer, it will be more expensive, so it is important to resolve the issue at the mediation stage as much as possible.
Divorce Talks
In the divorce discussion, you need to decide the following:
◇Property giving
It is to liquidate the property that the married couple built together.In the property subdivision, it is said that the duration of the marriage, the existence of the child, the income, the property of the parties and the degree of cooperation of the married couple in the married couple must be taken into consideration comprehensively.
In addition, the property that you had accumulated before marriage and the inherited property are not eligible for property.
◇Custody
A couple with underage children cannot get divorced unless they are in custody.Custody is the right to act on behalf of personal custody (child’s personal care), education, job permits, property management, and legal action.
Just because one is no longer a custodian does not mean that he is a parent and does not escape the obligation to support his children.
◇Child support
Child support is the cost of raising a child.In other words, the child’s food, clothing, housing, education, medical expenses, and the minimum entertainment expenses.In general, there are many cases until the child becomes an adult, and the installment amount is overwhelmingly large.The amount of child support is determined by the parent’s level of living.
◇Interview negotiation right
Parents who have not become custodians also have the right to see their children.This is an arrangement for meeting children or living together for a certain period of time.Since custody is not a recognition of a child’s exclusive rights, it is necessary to decide specifically.
◇Alimony
When considering alimony, it is necessary to clarify the standpoint of the side which made the cause of the divorce first, and the side which receives it with the side which pays the alimony.
Please put out a certain amount of the pain of the heart and some extent that the alimony amount was damaged, and examine it in a common sense place.
In addition, if the outcome of the discussion is settled that both parties are responsible, no alimony will be incurred.
◇Pension split
The target is the welfare pension and the mutual aid pension.The ratio is up to one-second, and the percentage is determined by the discussion of the married couple, but one-second of the welfare pension that was scheduled to be paid to the husband is not given as it is.
When the percentage of the share is agreed upon in the discussion, the social insurance agency will file a complaint with the Commissioner.
Fair Deed
A fair deed is an official document created in accordance with the law by a notary public who is an expert in the law.
Since it is an official document, there is a high amount of proof, and if the debtor fails to pay monetary debt by describing the enforcement sentence, it is not likely to go to the enforcement procedure immediately without waiting for the judgment etc. of the court.In the case of a contract that includes payment of money, when the debtor does not make the payment, it is not possible to enforce it unless a trial is brought and a court decision is obtained, but if a fair deed is prepared, it is possible to enter the execution procedure immediately.
(On behalf of the client, the Well Administrative Scrivener Legal Office will make a draft and meet with the notary public office and entrust it to a notary public.
