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Gov't panel proposes to scrap 100-day remarriage ban for women

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landmark changes to the 1898 Civil Code possibly sometime in fiscal 2022, ending in March next year.

what can you say?

While the provision on legal paternity referring to "within 300 days of divorce" will remain intact, so a change that’s not a change, a complicating rewording.

just seems to make things more convoluted while claiming landmark changes.

now dispensing with the family register all together would stream line, simplify everyone’s life, that’s a landmark goal.

18 ( +23 / -5 )

Gov't panel proposes to scrap 100-day remarriage ban for women

Japan in 20 centuries still debating maiden name for married woman , remarriage ban for woman, while the rest of the world already move on.

https://www.theguardian.com/world/2021/feb/26/japan-minister-opposes-move-to-allow-women-to-keep-maiden-names

11 ( +23 / -12 )

Haven't they heard of DNA testing?

What am I missing?

37 ( +39 / -2 )

I was going to say the same as above, a quick internet search and there is a paternity test. And being Japan it’s not like the real father has to pay anything. So why all these complicated new form fillings just to achieve….no actual change.

16 ( +22 / -6 )

Haven't they heard of DNA testing?

Even if they accept that, result only can be accepted by fax.

22 ( +29 / -7 )

They probably only want to cancel it so that men who want to marry a woman who divorced less than 100 days ago don't have to wait.

9 ( +17 / -8 )

Japan in 20 centuries still debating maiden name for married woman , remarriage ban for woman, while the rest of the world already move on.

Don't forget joint custody...

Japan slowly still crawling out of the stone age...

10 ( +21 / -11 )

the government now aims to pass the proposed landmark changes to the 1898 Civil Code possibly sometime in fiscal 2022, ending in March next year.

Wow! That soon?

Why are they in such a rush?

Might as well make it a cool round 150 year wait to change things.

5 ( +16 / -11 )

I have an idea, why not let the couple say who is the father, if the previous husband or present husband have a problem or disagree, there is the very interesting thing called Paternity by DNA.

Oh wait that would be far to simple, logical and practical, I forgot we are dealing with the Japanese government on family issues, more complicated the better.

12 ( +22 / -10 )

So according to the law, no woman can marry before 100 days of divorce...... because she's pregnant?

Like Japanese law assumes all married women are permanently pregnant?

(Yes, I understand the law is "in case" she's pregnant, but it's still pretty offensive)

Such a misogynistic piece of bureaucracy. Definitely should be scrapped.

7 ( +17 / -10 )

Oh wait that would be far to simple, logical and practical, I forgot we are dealing with the Japanese government on family issues, more complicated the better.

Its not just family issues brother. Japan HATES and seems allergic to simple, logical and practical. When dealing with people here, and not just the gov but people from all walks of life, the more complicated the better seems the way things are here. Japan looks to complicate things even when they are not.

3 ( +16 / -13 )

Haven't they heard of DNA testing? What am I missing?"

Sounds revolutionary...lets set up an expert panel to carefully consider this DNA test issue over the next decade or so?

They probably only want to cancel it so that men who want to marry a woman who divorced less than 100 days ago don't have to wait."

Bingo.

5 ( +13 / -8 )

Anyone that is presently married or going through a divorce or marriage is on the rocks, here are your possible nightmares under the present laws.

I was separated from me ex-wife for over a year, already had custody of the children (court order) but financial reasons the divorce took a year. Meanwhile my ex was living with her boyfriend, then a succession of boyfriends.

My nightmare was that if she got pregnant from any of these guys by law I would have been declared the father.

Nightmare number 2, my friend's wife had an affair, this only came to light when "their" child was born, she is Japanese, he is a very pale caucasian.

The child was born and it is very obvious that she is Afro/Asian unfortunately the Japanese government insists that the child is his.

Remember, a child born out of wedlock to a Japanese man and a non Japanese woman in most cases is not recognized as a citizen, accepting DNA, for paternity would result in thousands of children suddenly being eligible for citizenship.

14 ( +18 / -4 )

One would think that the easiest way to handle this is to take a pregnancy test prior getting married again, if Negative then she could get married at any time she wishes. if Positive then I say all 3 got a problem, LOL

1 ( +8 / -7 )

Just abolish marriage.

10 ( +15 / -5 )

haha! Japan's weirdness never ceases to amaze me.

Thank goodness they are changing these outdated laws.

4 ( +12 / -8 )

Aly RustomToday  07:58 am JST

Japan in 20 centuries still debating maiden name for married woman , remarriage ban for woman, while the rest of the world already move on.

Don't forget joint custody...

Japan slowly still crawling out of the stone age...

Stone Age? In 1991 only 40 out of the 50 U.S. States recognized Joint Custody.

Many Japanese laws have their roots in adopting Western laws in the late 1800s. In the U,S. a woman could not even legally divorce her husband until 1857.

-5 ( +10 / -15 )

I know lots of countries have archaic laws on the books that aren't actually enforced, but the fact that things like this are enforced in Japan is just silly. Even moreso that it takes any time at all to overturn in.

I mean, it is a positive move so that is nice, but way overdue in coming.

8 ( +10 / -2 )

Because paternity tests are a new thing in Japan that just came to existence in 2022...

Japan, man. Someone's it's... the land of ironies.

2 ( +7 / -5 )

Stone Age? In 1991 only 40 out of the 50 U.S. States recognized Joint Custody.

We're not in 1991.

Many Japanese laws have their roots in adopting Western laws in the late 1800s. In the U,S. a woman could not even legally divorce her husband until 1857.

We're not in 1857

6 ( +16 / -10 )

Don’t get so upset about the proposed civil code revision. Foreign nationals living in Japan are subject to their own countries’ marriage law, not to Japanese marriage law.

-8 ( +1 / -9 )

One minute in the civilised world is like one year in Japan. Time moves so slowly.

-1 ( +8 / -9 )

Stone Age? In 1991 only 40 out of the 50 U.S. States recognized Joint Custody."

Cool...how many Japanese "prefectures" recognized joint custody in 1991 to compare apples to apples ?

Then again some people think hankos, faxes and tons of paper documents are normal in 2022.

"Stone Age? In 1991 only 40 out of the 50 U.S. States recognized Joint Custody.

We're not in 1991.

Many Japanese laws have their roots in adopting Western laws in the late 1800s. In the U,S. a woman could not even legally divorce her husband until 1857.

We're not in 1857"

Exactly Aly.

2 ( +11 / -9 )

MeiyouwentiToday  09:53 am JST

Don’t get so upset about the proposed civil code revision. Foreign nationals living in Japan are subject to their own countries’ marriage law, not to Japanese marriage law

Where did you get this bit of false information from?

If you are married in Japan and live in Japan you are subject to Japanese laws.

The only way what you are saying applies is if both are not Japanese and got married outside Japan.

9 ( +11 / -2 )

GarthgoyleToday  09:46 am JST

Because paternity tests are a new thing in Japan that just came to existence in 2022...

Japan, man. Someone's it's... the land of ironies

As far as I could find, Japan still does not recognize paternity tests or DNA as proof of paternity.

If you have information on this I would be interested in a link.

4 ( +6 / -2 )

"Its not just family issues brother. Japan HATES and seems allergic to simple, logical and practical. When dealing with people here, and not just the gov but people from all walks of life, the more complicated the better seems the way things are here. Japan looks to complicate things even when they are not."

In a nutshell that describes Japan to a tee. Bravo.

2 ( +7 / -5 )

As far as I could find, Japan still does not recognize paternity tests or DNA as proof of paternity.

If you have information on this I would be interested in a link.

You failed to see the sarcasm in my comment.

3 ( +3 / -0 )

Even if a man wanted a paternity test done in this country to prove a child was his, he still might be denied access to that child. I'll try not to go off-topic on this one, but the major issue regarding child welfare and divorce in this country isn't about WHO the father is, but a child having a father in the first place.

6 ( +7 / -1 )

So, let me get this straight. In Japan:

The father of a child is whoever the woman is married to by the time the child is born. Not by who shoots what where.

And the panel congratulate themselves for a job well done?

4 ( +8 / -4 )

In times where DNA testing is possible, this entire section of the law which relies on assuming who's the biological and legal father needs to be scrapped.

Also, they should recognize the fact that children can be born outside marriage. There shouldn't be any legal distinction between a child born inside or outside marriage, as any discrimination based on that is pure evil.

7 ( +8 / -1 )

They can't just use DNA testing like regular countries??

7 ( +8 / -1 )

The Civil Code states that a child born within 300 days after the mother's divorce will be presumed as the child of her former husband

While an ex and I did enjoy (coughs) 'one for the road' for old time's sake, I can't see too many Japanese women indulging in this farewell practice.

1 ( +1 / -0 )

Autismo

A: "I've really been wrong in my handling of this situation. I've totally changed my mind and will look at it differently."

B: "It's about time, idiot!"

Honestly, it's like people actually want to hate Japan.

Except that it's more like:

A: "I've really been wrong in my handling of this situation. I've changed to a position that's slightly less wrong, but still wrong."

B: "You're still wrong, though."

Honestly, it's like people just speaking the truth.

3 ( +9 / -6 )

Honestly, it's like people actually want to hate Japan.

what?

you do understand the long term ramifications from being registered to a fake father, or a real father on the register? I’m thinking of the child rather than a archaic system of registration. Has nothing to do with hate Japan rather a concern for a child. A family. No status quo at all just a better way to do things. No hate., the better way is obvious but obviously ignored by expert panel.

1 ( +7 / -6 )

I personally had problem with that.

When the woman is divorced here doesn't mean that she lived with the husband till then.

My now wife was stuck in a marriage where the husband didn't want to sign the divorce documents for about 3 years.

She just got divorced by a lot of force after long struggle while she at this time got pregnant with our son.

If the timing had been worse my son would be her ex husbands son on paper.

Luckily we were able to marry after 100 days ....

5 ( +7 / -2 )

@Autismo

In this case, being open to change, which is a welcome improvement by the way, is not the issue. The issue is with what they are replacing the old law.

It’s like they deliberately want to be different from the rest of the world (or logic) or they are simply not thinking.

2 ( +3 / -1 )

They can't just use DNA testing like regular countries??

No because it's not the Japanese way. Far too logical and sensible.

The fact that this absurd law still exists just continues to show just how Japan views and treats women - terribly.

2 ( +7 / -5 )

Autismo

that is the most weirdest justification I’ve ever read. A registered limbo? No it should be clear isn’t that the point? That’s what most posts are saying, it’s an easy fix. Just stop this register rubbish. And use science apparently it’s a Japanese strong point. I might be wrong but a law from 1898 might need revision in 2022. Why make it so complicated, seems pretty simple.

4 ( +5 / -1 )

@Autismo

It seems that the law in question is intended to protect the child from being left in a type of registry limbo.

The only reason for this is the artificial limitations the law has created.

The biological father should be responsible for the child. If the legal guardian (mother, if divorced) chose not to burden the biological father, then he will not be responsible if he chose not to. Note, that the mother shouldn't have a final say on whether the father can see or spend time with the child.

If the mother is remarried, it should still be the biological father that's responsible for the child. If the spouse chose to be the "legal father", he should be allowed to do so if the biological father agrees.

I don't see how there are other solution other than this. Please tell me why you think this is not the only logical way of handling this situation.

4 ( +4 / -0 )

Beyond backwards

-3 ( +2 / -5 )

AutismoToday  03:05 pm JST

garypen

Perhaps you can tell me what is "still wrong" about the law instead of aping me in your final line. If I'm wrong, why not explain how so?

If after reading all comments you don't know, them I doubt any more explanation will help.

-2 ( +1 / -3 )

I was separated for two years before my divorce. Kicked out of the country, but had to wait two months to return. Then six months to get married again. Lost eight months of my life, job etc.

just bye bye and go to the city hall the next day would of been better.

3 ( +3 / -0 )

With that alarming low birth rate they should more care about the little rest of real existence normal couples, marriages and babies, not make such ado about extraordinary seldom cases or constellations, mostly being only theoretical paper constructed.

0 ( +1 / -1 )

Foreign nationals living in Japan are subject to their own countries’ marriage law, not to Japanese marriage law.

Another example of Japans little xenophobic get out clauses.

-6 ( +0 / -6 )

I learned a lot from reading this article. Let me explain J-logic. My wife and I have been separated for almost two years. I haven't seen her since July 5th, 2020 which is also the last day I saw my children before she abducted them. Since we are sill married, if she has a new BF and gets pregnant, I am the legal Father. Yeah, I would say a complete overhaul of the Japanese marital, divorce, and child custody systems is desperately needed.

2 ( +4 / -2 )

A Japanese government panel on Monday recommended abolishing the current 100-day remarriage ban for women after a divorce, "

Not so fast...lets "carefully deliberate it for another 100 days first.......

Today, just one day after this article was published news reports that the govt intends to proceed "cautiously " with this new bill due to potential "opposition from staunch LDP conservatives. How about some freaking " leadreship for once Kishida?...so what if a few fossils in the LDP dont like it, why do these clowns always need 100% consensus before pulling their finger out...just lead for once, fgs.

-1 ( +1 / -2 )

Isnt this just a relic from the days before DNA testing? In the rare cases where people fight about who the father is, this can be settled today with a test.

0 ( +0 / -0 )

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