The Yokohama Family Court recognizes common-law marriage, which is the premise of property sharing, in a trial in which it was disputed whether property sharing would be permitted in the same way as couples and men and women who have a common-law relationship after the same-sex couple dissolved the relationship. He dismissed the allegation, saying that it was difficult to interpret the current law.
The allegation was made by a German woman, and a lawyer held a press conference on the 14th.
According to the defense counsel, the female has separated from the Japanese nationality after living in Japan for about 6 years from 2013.
And the allegation states that a common-law relationship has been established between the two, and denying the division of property between the same sex is unconstitutional, as is the case when a couple or a man and woman with a common-law relationship are separated. He was arguing that property sharing should be allowed.
Regarding this, the Yokohama Family Court said, "It is clear that Japanese law only allows marriage and divorce parties to be" married couples "or" parents ", etc., only between the opposite sex." It is difficult to interpret the current law, recognizing that it is a divorce relationship even if it lacks the requirements, and applying the rules regarding marriage, "he dismissed the complaint.
Regarding the protection of the rights of same-sex couples, a ruling was finalized in March last year by the Supreme Court, which ordered the payment of compensation for the unfaithful behavior of one of the couples.
Expert "Need to think about solutions in case of trouble"
Masayuki Tanamura, a professor at the Faculty of Law, Waseda University, who specializes in family law and is familiar with sexual minority issues, said, It can be said that it is a judgment that the family law was paid in advance because it could not be a relationship or a common-law relationship. We need to think about what to do with the solution. "