A son up to thirty years of age and a daughter up to twenty-five years
cannot marry without the consent of their parents. If either parent is
dead, irresponsible, or has left the house, the consent of the other
is deemed sufficient; but if both parents are dead or of unsound mind,
or if their whereabouts are unknown, only those parties who have not
yet reached the majority-age of twenty need ask for the consent of
their guardians or appeal to the family council for approval. If the
parties are afflicted with a stepfather or stepmother who refuses to
consent to their marriage, the approval of the family council will
suffice as these persons cannot always be presumed to have at heart
the interests of their step-children. A woman cannot for obvious
reasons remarry until after the lapse of six months from the annulment
or dissolution of her first marriage; but if in the interval she gives
birth to a child, there is no hindrance to the second marriage taking
place immediately after. Lastly, in the case of a man who has been
adopted as husband to the daughter, the severance of his connection as
adopted son may be brought forward as a ground for the avoidance of
the marriage. As he has twofold relations as son and husband, the
dissolution of either relation would lead to that of the other, for
the only alternative would be for the daughter to leave her family at
the same time as her husband; but as it was to keep her in the family
that the husband was adopted, her father would not consent to such a
step. The usual procedure is to adopt for her another husband.
Upon the consummation of marriage, the wife is obliged to live
with her husband, who is required by the Civil Code to make her
cohabit with him. Thus, cohabitation is in the eyes of the law an
indispensable condition of matrimony; and therefore, such a thing as
judicial separation is unknown in Japan, and there is no middle course
between cohabitation and divorce. The wife usually takes her
husband’s surname; but if she is the head of the family or the
heiress to it, the husband by adoption assumes her surname.
Public-domain text, read in full here on John Shaqi.
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