Prenuptial AgreementPrenuptial Agreement is a contract signed by two people before they marry in order to define conditions on their property, lifestyle and so on after they get married.
This kind of contract is popular in the US; meanwhile, our initial thought was that it does not necessarily fit in the Japanese society.
However, these days, a Prenuptial Agreement has been signed by not only international married couples but also Japanese couples.
What is the "Prenuptial Agreement"?
This is an agreement to be freely drafted by a couple, and it is then concluded by signatures and sealed. So, it is easy and flexible to create it.
However, it will not have the strong legal effect.
This is a legally binding contract such as a bought and sold note or lease contract.
You can enhance the legal effect of the contract further by drafting it based on a lawyer's advice or entrusting lawyer to the drafting.
(3) "Notarized Deed"
This is a public document that is notarized by a notary officer. You should follow the specified procedure and pay fees.
Although the content of the document is the same as the Contract (as mentioned (2) above), if you have your contract notarized, the legal effect may become enhanced.
(4) "Contract on Property of Husband and Wife"
This is a contract defined in the Article 755 of the Civil Code.
This is an agreement only to define the provisions on the property, and you can sign it only before your marriage.
The articles in this Contract may be asserted against a third party after such articles are registered.
After you have your contract registered, you cannot change the articles.
In addition, we have the regulation in the Civil Code as follows:
In Article 754, either a husband or wife may at any time during the marriage rescind the contract; provided, however, this will not harm the rights of a third party.
Therefore, if a couple signs this contract after they get married, either a husband or wife may rescind it in principle.
Therefore, please be careful.
As stated above, if you sign your own Prenuptial Agreement in accordance with each individual situation, your desired lifestyle might be esteemed legally also.
In Japan, as we have tenaciously considered the supposition of divorce before a marriage as a taboo, the Prenuptial Agreement has not been popular yet.
However, the more diversified styles among couples and marriages are approved socially, the more popular Prenuptial Agreements become.
We can help you draft your Prenuptial Agreement.
The expert lawyers can give you advice or make articles in accordance with your view of marriage and desired lifestyle.
Please feel free to contact us for any inquiries.