Period for the exercise of the claim for consolation money
Period for the exercise of the claim for consolation money- The claim for consolation money in the event of divorce is extinguished by statute of limitations 3 years from the date the injury or the person at fault is known (that is, the date of divorce) (Article 766 of the Civil Act).
- In a judicial divorce, there is little concern that the period for the exercise of the claim for consolation money will elapse because it is common to bring the claim together with the divorce complaint. However, in a divorce by agreement, divorce is frequently finalized without an agreement on consolation money. In such cases, consolation money is only received when the claim is exercised within 3 years of the date of divorce.
※ The date of divorce is the divorce reporting date in the case of divorce by agreement, and the date the divorce judgment or the marriage cancelation judgment is final and conclusive in the case of judicial divorce or cancellation of marriage.