Obligation to agree on fostering matters and custodial parent designation upon divorce by agreement
Divorce by agreement and agreement on issues with children- The former Civil Act (before the amendment by Act No. 8720 of December 21, 2007), which allowed divorce by agreement to be obtained without agreeing on fostering matters and designation of a custodial parent for children, gave rise to wrongful infringements of children’s fostering environments. To prevent such problems and prioritize children’s welfare, the current Civil Act provides that no divorce by agreement may be obtained without agreement on fostering matters and the designation of a custodial parent for any children.
- When requesting a family court to confirm their intent to divorce, spouses seeking to divorce by agreement must submit a written agreement on the designation of a custodial parent and fostering matters, including the determination of a fostering person, share of child support, and whether visitation rights will be exercised. If the spouses fail to reach an agreement on such matters, they are obligated to request a court to make the decision and obtain adjudication whose authentic copy they must submit (Articles 836-2(4), 837(1), (2), and (4) of the Civil Act).
- If spouses seeking divorce by agreement agree on the share of child support costs, the family court must issue a child support order confirming such agreement. The purpose is the efficient establishment of child support on divorce, and the child support order has the effect of a title of debt (Article 836-2(5) of the Civil Act; Article 41 of the Family Litigation Act).