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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.
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.
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.
Yes please answer my further questions with more detailed information.
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
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?)
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