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T.DePas
T.DePas, Attorney
Category: European Law
Satisfied Customers: 458
Experience:  Solicitor - Ph.D. Doctor Europaeus in EU law
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I have a child with my Japanese ex-girlfriend in Japan. My

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I have a child with my Japanese ex-girlfriend in Japan. My ex got pregnant in 2006, while I was thinking to break up with her, because we really don not fit together. I asked her to do a abortion since I don not have any plan to make a family with her. But she insist to keep the child. As a result I compromised and decided to marry her after saving some money.

I lived in Tokyo and she had return to her hometown to be taken care of by her mother because of her pregnancy. But after a few months she called me to break up with me because I did not care her enough and said that she is ready to become a single mother.
After a few month she called me again and said she want to get back together and have a family together with me and the child. Then the child was already born. I did not really want to do that but said yes to her anyway because of the child.
I went to her home and apologize to her parents( In Japan, you have to do this in such case.). And wrote a letter of guaranty, states that I will pay 50000 Japanese yen each month to them as the child s living. After that I went back to Tokyo.

But it did not go well this time either. We fought over the phone every time we talk to each other. So we broke up again. The last time I talked to her was 2008 on the phone. For me it is a breakup, since we never talk to each other since then. After her I met a Swedish girl, and we got married in 2009 in Sweden, And we are living in Sweden now. I have not never told her that part of history of mine to her.

After 4 years I left Japan and 5 years after breaking up with her. Today I received a letter from a Japanese law firm. She asked me to pay(NNN) NNN-NNNNJapanese yen to her bank account before 31th of june which is this month otherwise she will sue me. The amount is calculated like this:(NNN) NNN-NNNNyen is the 50000 yen each month that I should have paid from 2007 to now.(NNN) NNN-NNNNyen is consolation money that I have to pay her because I got married to a Swedish woman even I got engaged with her which is not true. I never get engaged with her.

What will happen if she sue me? I am not a Japanese and do not live in Japan now. Does the Japanese law applies to me?
Submitted: 1 year ago.
Category: European Law
Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for contacting JustAnswer.

Could you please specify if it was an internal agreement or if you signed it as a consequence of a Judicial order or in front to a notary?

Could you also please specify if you ever
divorced from this girl?

I look forward to hearing from you.

Best,

Tiziana
Customer: replied 1 year ago.

Hi, Thank you for your quick response.


 


It is a two pages hand writing letter written by me with the date(2007.07.13) and my signature. Generally the content is about, I promise to pay 50000 yen to her monthly, I will get marry with her and live with the child. But I never formally propose to her, no engagement ring or anything. Just a few sentence in the letter. I wonder if she is gonna use it as a evidence to show we were engaged.


 


I have the copy in my hand, it is never notarized by any authority. For me it is more like a internal agreement.


 


Your second question, I have never married to her. We were together as a couple(under her pressure), and broke up for many times. She stopped contacting me after 2008, which is a relief for me. And I consider that as the end of our drama. Until now she asked me for money though a lawyer.


 


 

Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for clarifying your situation.

The Act on the General Rules of Application of Laws authorizes spouses who marry in Japan to choose which matrimonial law regime will govern their marriage provided that a marriage actually takes place and the agreement is registered.

Since you never got married, your ex girl friend cannot request any alimony for herself. The only thing she can apply for, provided that you recognized the child, is an alimony for the child.

I hope this helps. If you are happy with my answer, I would be very grateful if you could rate it positively, otherwise i cannot get compensation for my time. This would be without any extra charge for you as only the amount you deposited would be used.

I remain at your complete disposal should you need any further information.

Best,

Tiziana
Customer: replied 1 year ago.

I am sorry maybe I did not make my question so clear.


I recognized the child while I was in Japan. If she apply for the alimony, I guess I would pay for it?


My additional question is, according to my income I cant pay for it at one time, And I am not agree with the amount, is it negotiable? Because I have a very low income?


In the letter from the lawyer it states that under the japanese law, the compensation of such contravention of the engagement is no less than(NNN) NNN-NNNNJapanese yen. Therefore, you also have an obligation to pay(NNN) NNN-NNNNJapanese yen to the Client( my ex) .


I do not think we ever got engaged, it was just a few words in the letter (not notarized). Or verbally.


Also I would like to know, how will she sue me? When we are in different countries.

Customer: replied 1 year ago.
Relist: Answer quality.
the answer was too general, I need further information.
Expert:  T.DePas replied 1 year ago.

Dear customer,

 

I apologize but I disconnected myself last night and I did not see your follow-up.

 

I would still be available to answer your further request for clarification. Just let me know if you are still interested.

 

I look forward to hearing from you.

 

Best,

 

Tiziana

Customer: replied 1 year ago.

Yes please answer my further questions with more detailed information.

Expert:  T.DePas replied 1 year ago.
Dear customer
Expert:  T.DePas replied 1 year ago.

Dear customer,

 

Thank you for your follow-up.

 

The paper you signed does not have any legal value (even in Japan) because there has not been any marriage and because it has not been registered. Registration is needed on the basis of Article 756 of Japanese civil code.

 

Also, your ex girlfriend does not have any right to receive an alimony from you either on the basis of the agreement (which is invalid) either on the basis of the law (because you never got married).

 

Nonetheless, on the basis of the law, you might be called into Court for the maintenance of the child. The rates would have nothing to do with those indicated in the document you signed and would be established by the Judge on the basis of your economical possibility.

 

As for the Country which has jurisdiction, it is up the applicant to choose to bring suit in Sweden (in the Country where you reside) or to bring suite in the state where the child resides.

 

I hope this helps. If you are happy with my answer, I would be very grateful if you could rate it positively, otherwise i cannot get compensation for my time. This would be without any extra charge for you as only the amount you deposited would be used.

I remain at your complete disposal should you need any further information.

Best,

Tiziana

Customer: replied 1 year ago.

Thank you, XXXXX XXXXX my last questions. I will rate it after this.


 



[As for the Country which has jurisdiction, it is up the applicant to choose to bring suit in Sweden (in the Country where you reside) or to bring suite in the state where the child resides.]


 


If she brings the suit to Sweden, Do they (My ex girlfriend and the child) need to come to Sweden to appear on the court? If she choose to bring the suit in Japan(where the child lives), do I need to go to Japan? What if I can not go or I do not want to go. Or I do not want them to come to Sweden?


[Nonetheless, on the basis of the law, you might be called into Court for the maintenance of the child. The rates would have nothing to do with those indicated in the document you signed and would be established by the Judge on the basis of your economical possibility.]


 


How will they check my economical possibility? What if when it is hard to judge the economical possibility? For example I do not have any track of my monthly salary from 2007 to 2009 when I was in Japan. She asked me to pay(NNN) NNN-NNNNJapanese yen by one time. (from 2007 until now 50000 yen each month) Which is impossible. Must I pay the amount by one time?


If I lose the lawsuit, do I need to pay all the expense?( her lawyer, if she come to Sweden the flight tickets and stay?)

Expert:  T.DePas replied 1 year ago.
Hello,

Thank you for your follow-up.

Here are my answers:

1) Unless you are called to witness or do a deposition about something nor you or her would need to go personally to Court as only the lawyers who would represent you would go.

2)Your income is calculated on the basis of what you officially earn at the moment. The Judge would not take into consideration what you earned before.

I hope this helps. If you are happy with my answer, please do not hesitate to rate it positively.

A bonus is very much appreciated.

Best,

Tiziana
T.DePas, Attorney
Category: European Law
Satisfied Customers: 458
Experience: Solicitor - Ph.D. Doctor Europaeus in EU law
T.DePas and other European Law Specialists are ready to help you
Expert:  T.DePas replied 1 year ago.
Dear customer,

I would very much appreciate if you could rate my answer positively so that I can get compensated for my time. You would not be charged further as only the amount you have already deposited would be used.

Best,

Tiziana
Expert:  T.DePas replied 1 year ago.
Dear customer,

I would very much appreciate if you could rate my answer positively so that I can get compensated for my time. You would not be charged further as only the amount you have already deposited would be used.

Best,

Tiziana
Expert:  T.DePas replied 1 year ago.
Dear customer,

I would very much appreciate if you could rate my answer positively so that I can get compensated for my time. You would not be charged further as only the amount you have already deposited would be used.

Best,

Tiziana

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