Japanese women will still face 100-day wait to remarry


Women will still face a 100-day wait before they can remarry following proposed legal changes approved Tuesday by the Cabinet, a move condemned as discriminatory by a U.N. rights group.

The approval by Prime Minister Shinzo Abe’s administration, on International Women’s Day, came after the Supreme Court ruled in December that the six-month waiting period for women to remarry after divorce is excessive and should be reduced to 100 days.

The revision, which will be submitted to the Diet for approval, would also allow women to remarry immediately as long as they have medical proof they are not pregnant.

But the revision to the Civil Code, which dates back to 1898, is not enough to rectify Japan’s sexist laws, the U.N. Committee on the Elimination of Discrimination against Women said in a report released Monday in Geneva.

“The Civil Code still prohibits only women from remarrying within a specified period of time after divorce notwithstanding the decision of the Supreme Court, which shortened the period from six months to 100 days,” the CEDAW report said.

It also condemned as discriminatory against women the law that requires married couples to share a common surname because it “in practice often compels women to adopt their husbands’ surnames.”

In December, the top court upheld the common surname law, which sparked criticism from activists who complain the rule is sexist and outdated.

The rules are a throwback to Japan’s feudal family system, in which all women and children came under the control of the head of the household — overwhelmingly men.

That family system was abolished in 1948 as part of broad reforms pushed by the post-World War II U.S. Occupation, but the Civil Code maintained the surname and remarriage rules.

The remarriage law is linked to complex rules about the timing of a child’s birth after divorce — designed to determine whether a baby belonged to the ex-husband or the new spouse’s family in an era before DNA testing.

  • Jonathan Fields

    As messed up as this is… I kind of understand the (twisted) logic behind it. Japanese women cheat so much it’s appalling.

  • Mosab Hmmad

    is that true Jonathan
    I had this idea to travel to Japan and marry there !
    but now I have concern !

  • Degu

    It doesn’t really make sense — what if the woman is 60 years old and cannot get pregnant (anymore)? What is she had her tubes tied and it is impossible for her to become pregnant? If she has always been unable to get pregnant? What if the husband is infertile, and he couldn’t have children with the wife, in the first place? How does that affect the waiting time before remarrying?
    Or, what if the husband cheated, got another woman pregnant, and now wants to divorce… Should his wife be punished and have to wait 100 days, and the jerk can marry the next day? How is this fair and logical?