Kanayo Okai Attorney at law

ServiceS For Individual clients

Child abduction / divorce

Child Abduction Case

The international treaty regarding child abduction is the ‘Hague Convention 1980’, which came into force on 1st of April, 2014 in Japan. If you are concerned that your child may be abducted or you consider removing your child from your current habitual residence whether on permanent or temporary basis, it is vitally important that expert legal advice is sought at the earliest possible stage to avoid unnecessary dispute or to act quickly to resolve the dispute.

With my extensive experience regarding the Hague Convention court procedures, as well as out of the court mediation, I am able to confidently provide the following services;

  • Consultation as to when a parent may take a child to another country and the consequences of that action, as to how to proceed when a parent found that the other parent has left the country with child without consent.
  • Institute Hague Convention proceedings to get your child back to Japan (for Leaving Behind Parents, LBP) and help you through the difficult court procedure abroad by communicating with the representative attorney and providing assistance on Japanese law, preparing evidence, etc.
  • Defend against improperly-brought Hague Convention cases at the Japanese court for taking parents (TP)

International Divorce

When international couples divorce, complex questions can arise as to where the divorce should take place (jurisdictional question) or where the children should live and how assets be valued and divided (applicable law question). 

In this scenario, it is essential to comprehend the jurisdictional and other cross-border considerations quickly as it would be a deciding factor of the case and could critically impact on the outcome of the case.

With extensive experiences dealing with international divorce cases, I will personally navigate foreign clients who face challenging situations in Japan, or I will help Japanese clients to cope with divorce procedures in foreign countries for the best possible outcome. 

Essentially:

  • Provide initial consultation as to jurisdiction and applicable law
  • Provide an assistance to negotiate and create a Marital Settlement Agreement 
  • Represent plaintiff or defendant for divorce procedures in Japan 

Estate Planning

Will

This is a unique area of legal practice where client and lawyer work together to create a legal document which ensures that the client’s wishes and intentions are fully reflected. 

Especially for foreigners who are wishing to create a legally valid will in Japan, special attention should be paid to applicable law in consideration of The Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions as well as his/her national law.

A properly drafted will provides protection for your assets and beneficiaries in a broad range of circumstances. I am able to advise you on how best to:

  • Avoid unnecessary disputes among the heirs
  • Provide for your children from a previous relationship
  • Provide for a vulnerable beneficiary (whether young or otherwise unable to manage an inheritance without assistance)
  • Protect your business interests

Partition of the estate

International probate happens in the following scenarios:

  • Foreign nationals who own assets in Japan
  • Foreign nationals who have apparent heirs in Japan
  • Japanese nationals who own assets abroad
  • Ex-pats who still have assets in Japan, e.g. a family home

International probate can be much more complicated and time-consuming than domestic probate. It is crucial to consult with an experienced professional from the start to navigate you through the whole process as smoothly as possible, as administering an international estate successfully requires an in-depth knowledge of estate in different countries and how these laws interact.

For foreign nationals living in Japan, it should be noted that there is a significant difference between Japanese inheritance law (Civil Code) and those of other countries.

With the experiences of assisting international inheritance cases not only for foreign nationals residing in Japan but also Japanese nationals residing abroad who have heirs in Japan (or who have assets in Japan), I am able to assist you in a variety of legal scenarios and to navigate you through complex procedures from start to end of this process. 

Other areas of service

Labor issues

Personal injury

Contract dispute

Visa issues

Naturalization

Pre-nuptial agreement

Fees

Legal consultation fee

JPY11,000 per hour (including tax)

  • Online consultation is available.
  • Advance payment is required for the first consultation without referral.

Retainer fee

Hourly rate  JPY33,000 (including tax)

  • Fixed fee service (retainer fee at the outset of the case and success fee for the successful end of the case) is available.
  • Quotation for the case is available after the consultation session.