Abolition of the Prohibition Period for Women's Remarriage from April 1, 2024
YAMAMOTO.AKIRAIn Japan, until March 31, 2024, the Civil Code stipulated a prohibition period for women's remarriage. However, from April 1, 2024, the provision regarding the prohibition period for remarriage (Article 733 of the Civil Code) has been abolished. Therefore, women are now able to remarry another man immediately after divorce.
In conjunction with this, the provisions for the presumption of legitimacy have also been amended as follows:
- Even if a child is born within 300 days from the date of dissolution of marriage, a child born after the mother has remarried a man other than her former husband shall be presumed to be the child of the remarried husband. (Civil Code Article 772, Paragraph 3)
- Regarding a child presumed to be the child of the remarried husband, the former husband of the mother shall also be granted the right to deny paternity. (Civil Code Article 774, Paragraph 4)
- The right to deny paternity, which was previously recognized only for the husband, is now also recognized for the child and the mother. (Civil Code Articles 774, 775)
- The statute of limitations for filing an action to deny paternity has been extended from one year to three years. (Civil Code Article 777)
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