The Option of "Posthumous Divorce"—An Explanation for the World and Cautionary Points from a Lawyer

1. What is Posthumous Divorce?

After the death of a spouse, a procedure based on Article 728, Paragraph 2 of the Civil Code allows one to submit a "Notification of Termination of Affinity" to the municipal office, ending the familial relationship (affinity) with the deceased spouse's blood relatives. Although the marital relationship itself ends with the spouse's death and is not considered a "divorce," it is effectively perceived as a "severance of ties with in-laws."international-divorce.com

1-1. Formal Designation

• Posthumous Divorce = Colloquial Term

• Official Name = Notification of Termination of Affinity
  
  

1-2. Eligible Submitters

Only the person who was the "spouse" of the deceased can submit it. It cannot be submitted by the in-laws. The notification can be done unilaterally, and there is no notification from the municipal office to the in-laws.soranews24.com

2. Current Status of Posthumous Divorce by Numbers

The number of notifications has been steadily increasing from about 1,800 cases in the early 2000s. Factors such as the diversification of lifestyles and the increasing costs of family graves and caregiving are pointed out as background reasons.mi-mollet.comsouzokuplus.com

3. Comparing with the World—A System Unique to Japan

In many countries, relationships with in-laws following a spouse's death are handled at a customary level or remain within the scope of inheritance law. The system allowing the administrative severance of only blood relationships is considered almost unique to Japan, and English-speaking media refer to it as "posthumous divorce."soranews24.comjapantoday.com

3-1. Lack of Similar Systems

• Western countries: Inheritance division and support obligations are adjusted by civil and state laws. There is no means to collectively "remove" in-laws.

• Philippines/Vatican: There is no divorce system, and marriage ends with death. In-law relationships remain customary.foreignpolicy.com
  
  

4. Why It Is Chosen—Main Reasons

1. Avoiding the Burden of Care and Support
   Concerns in life planning such as "I can't bear the burden of caring for my mother-in-law alone."asahi.com
   
   

2. Grave Issues and Freedom of Reburial
   Avoiding enshrinement in the "in-law family grave" and making it easier to choose one's own family grave or tree burial.
   
   

3. Reducing Stress in Human Relationships
   Eliminating conflicts with in-laws and troubles due to differences in distance and religious customs.
   
   

4. Increase in International Marriages
   Cases where a foreign spouse, planning to return to their home country after the death of their partner, wants to sort out legal relationships with Japanese relatives.
   
   

5. Advantages and Disadvantages (From a Lawyer's Perspective)

6. Procedure Flow

1. Required Documents: Notification of Termination of Affinity, Family Register Copy (if submitting outside of registered domicile)

2. Submission Location: Municipal office of registered domicile or current residence

3. Witness Section: Not required (only the individual's signature is needed)

4. Submission Deadline: None (can be submitted immediately after spouse's death or decades later)

5. After Acceptance: "Termination of Affinity" is recorded in the family register. If reverting to a maiden name, a separate "Notification of Reversion to Former Name" is required.kagoshima.vbest.jp
   
   

7. Impact on Inheritance, Pension, and Insurance

• Inheritance Rights: Determined at the time of spouse's death. Notification of Termination of Affinity has no impact.

• Survivor's Pension: Eligibility is determined by marital status. Payments continue even after the end of in-law relationships.

• Life Insurance Benefits: No change needed as the designated beneficiary takes precedence.olivetree-shihoushoshi.com
  
  

8. Case Studies

8-1. Ms. A (Tokyo, 50s) filed due to caregiving fatigue and grave issues

After her husband's death, she was strongly urged by her mother-in-law to live together, but she was also caring for her own parents and feared an increased burden. After filing, her psychological burden was reduced, but her relationship with her mother-in-law became estranged.

8-2. International Marriage Ms. B (U.S. citizen, 40s)

Plans to return to the U.S. after her Japanese spouse's death. Her in-laws requested her participation in memorial services, leading to significant cultural friction, prompting her to file. It did not affect asset inheritance, but there remains concern about future inheritance procedures for her children (with multiple nationalities).

9. "Posthumous Divorce" from an International Perspective

• Media Reactions: Introduced as a "unique family law system" on English news sites.

• Family Sociology Perspective: Evaluated as a phenomenon born from the intersection of the remnants of the family system and individualism.

• Future Prospects: As the super-aging society and multicultural coexistence progress, discussions on the internationalization of the system may begin.
  
  

10. Conclusion—Freedom of Choice, Careful Judgment

Posthumous divorce is an effective means to legally organize relationships with in-laws and protect one's own life planning. However, it involves emotional friction and risks in inheritance negotiations, and once filed, it cannot be revoked. It is essential to consult with experts to determine "if it is truly necessary" and "when to file." It is hoped that this article will help readers worldwide understand Japan's unique system and provide an opportunity to review their own country's family law.

This article is intended to provide general information and does not constitute legal advice. Please consult a lawyer or other professional for individual circumstances.

Reference Article List

• e-Stat Family Register Statistics "Number of Notifications of Termination of Affinity" e-stat.go.jp

• Asahi Shimbun Digital "I Can No Longer Support My Mother-in-law - The Choice of Posthumous Divorce, Lawyer Discusses Points to Note" asahi.com

• SoraNews24 “Posthumous divorce on the rise in Japan as a way to distance oneself from in-laws” soranews24.com

• The Law Office of Jeremy D. Morley "Japan Civil Code, Article 728 (English Version)" international-divorce.com

• Very Best Law Office "What is Posthumous Divorce? A Lawyer Explains the Impact on Inheritance and Survivor's Pension and the Procedure" souzoku.vbest.jp

• Inheritance Plus "The Impact of Posthumous Divorce (Notification of Termination of Affinity) on Inheritance" souzokuplus.com

• Kohei Okuda Administrative Scrivener Office "Is the Increasingly Notable 'Posthumous Divorce' Affecting Inheritance?I will explain in detail. okuda-gyoseishoshi.com

• Human Rights Watch “You Will Get Nothing: Violations of Property and Inheritance Rights of Widows” hrw.org

• Foreign Policy “The Last Country in the World Where Divorce Is Illegal” foreignpolicy.com

• Goldberg Jones “Odd Divorce Laws From Around the World” goldbergjones-or.com