Increase in Cases of Legal Relationship Termination with Spouse's Family
Legal Procedures Can Be Completed Anytime After Spouse's Death
In Japan, the number of "posthumous divorces," where a spouse divorces after their partner has passed away, is on the rise. The increase in posthumous divorces is attributed to social changes that weaken family ties. On the 1st (local time), the Sankei Shimbun reported that posthumous divorces, which numbered 2,213 in 2012, showed an increasing trend and exceeded 3,000 cases in 2022, ten years later.
Posthumous divorce is not a legal concept. It refers to a social phenomenon where individuals demand severance of ties with the deceased spouse’s relatives or wish to be buried in a separate grave from their spouse. In Japan, cases demanding the legal termination of relationships with the deceased spouse’s family and relatives have been increasing. The main reason for the rise in posthumous divorces is related to the relationship with the in-laws.
The number of "posthumous divorces," where a spouse divorces after their partner has passed away, is increasing in Japan. The rise in posthumous divorces is attributed to social changes that weaken family bonds. [Photo source=Pixabay]
A Japanese woman in her 50s, who legally severed ties with her in-laws shortly after her husband passed away, told the Sankei Shimbun in an interview, "My mother-in-law, with whom I had a poor relationship throughout my marriage, interfered with the management of my husband’s grave after his death," adding, "I felt like running away. Otherwise, I thought I would go crazy."
Expressions such as "I want to completely cut ties with those people," and "I don’t want to be buried in the same grave as my husband" are openly spreading in Japanese society. Although it is not a legally recognized concept, it exists in reality and is increasingly widespread. The Sankei Shimbun cited "social changes that weaken family ties through marriage" as the background for the rise in posthumous divorces in Japan. It also analyzed that the number will continue to increase because the procedure for posthumous divorce is very simple.
After a spouse’s death, submitting a rarely known document called the "Notification of Termination of Affinal Relationship" to government offices legally terminates the relationship with the deceased spouse’s parents, siblings, and others. This notification can be submitted at any time after the spouse’s death. It is possible to unilaterally sever legal ties without the consent of the deceased spouse’s relatives. In Japan, after marriage, a wife usually takes her husband’s surname, but if she wants to revert to her original surname, a separate legal procedure is required.
Therefore, posthumous divorce is mostly requested by women, and the process is simple: filling out an application form and submitting it to the local government. The procedure can be done at any time after the spouse’s death, and the consent of the spouse’s parents is not necessary. Unlike regular divorce, it does not affect inheritance rights or survivor pension benefits. A lawyer explained to Sankei, "Nowadays, marriage is mainly perceived as a connection between individuals. In such circumstances, if there is a poor relationship with the spouse’s parents or a desire not to bear support obligations, it easily leads to the wish to sever affinal ties."
However, even if legal ties are severed through posthumous divorce, emotional conflicts are said to be unavoidable. There was a case where a wife, who had received financial support from her husband during his lifetime and even changed the house title to her name because the eldest son was expected to carry on the family line and support the parents, was accused of "running away with the property" after filing for posthumous divorce. Also, since relationships with the deceased spouse’s parents and grandchildren continue even after posthumous divorce, conflicts over inheritance distribution and other matters may intensify.
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