# Legal Separation with Japanese wife



## AlphaMan (19 Mar 2009)

I got married in Japan in 2004 in a Japanese registry office but sent our marriage and birth certs to the Irish embassy in Tokyo to make it legal in Ireland. 

In the last 4 and a half years we have not lived together 3 times. This time we have been apart for 1 and a half years. 

I have been told that if we divorced in Japan it could be done in 1 day but we both live in Ireland now and she says she'll only divorce in Ireland and will try and take anything I have off me. We do not own a house or have anything of real value. 

All I want to do is cut our ties and move on with my life but she wants to make me suffer.

How do I go about getting a legal separation even if she doesn't want one? 

All of the documentation is in Japanese which she has and will not hand over to me. 

At the moment she said she wants a separation but she has said this before numerous times and backed out.

Thanks.


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## MugsGame (19 Mar 2009)

I can't answer your question, but does she have Irish residency? Would she lose this if she was no longer your spouse?


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## ajapale (19 Mar 2009)

Hi Alphaman,

You should consult a solicitor who specialises in family law.

aj


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## j26 (19 Mar 2009)

Go to a family law solicitor.

Section 2 of the Judicial Separation and Family Law Reform Act, 1989 sets out the grounds for judicial separation.  The most common and easiest to go for is S.2(1)(f) that no marital relationship has existed for greater than a year, and it seems to apply in your case.  If you initiate proceedings, there is really nothing she can do to stop it, although it can be slowed up a bit by various means.

There are issues to consider such as pensions (which can end up surprisingly valuable) and succession rights.  You'd be best advised to talk to a solicitor about the possible outcomes.

You will need an official mariage certificate, so you might contact the Japanese Embassy/Consulate to find out how to get one.  Since it will need to be presented in court, you should also get a certified translation of it.  

Note:  If you've lived apart for four of the last five years you can apply for a divorce.


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## Smashbox (20 Mar 2009)

I agree with AJ, you need legal help.


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## AlphaMan (25 Mar 2009)

my wife only has a five year visa which is up in two years time.


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