Retainer Agreement Japanese

Marriage contracts are not common in Japan. They were never part of Japanese culture, not even for the upper class. -Should the agreement cover both spousal support and division of property? The duration of our mandate contract is one (1) year. Customers can change the plan at the time of renewal. Should there be more than one agreement so that in case of failure, the other can come into play? If so, what should be a priority and how should it be said? Although a marriage contract may determine the choice of marital status of life, it is not certain that the conditions for other matters are met in Japan. The problem often arises with regard to conditions that purport to reduce or eliminate future maintenance obligations (spousal support). Support payments per se cannot be forgiven in Japan, but customers often want a Japanese contract to resolve the issue of alimony in case a divorce is sought in a court outside of Japan. Similar questions arise with respect to concepts aimed at limiting the inherent power of a court in Japan to issue arbitral awards to protect the financial well-being of a spouse. The mandate agreement is for clients who are looking for our lawyer to consult their legal affairs, as we are required of them to avoid legal problems in advance and provide professional advice for efficient and stable business management of the company and for other legal matters. In the event of a dispute, our client must inform us separately of the mandate contract if necessary. In this case, if the client has a mandate contract, we offer a discount on the litigation fee.

Japan`s Civil Code also contains important provisions that approve marriage contracts. Article 755 provides: “The property rights and obligations of a husband and wife shall be determined by the following paragraphs, unless they have concluded a contract which provides otherwise in respect of their property before notifying the marriage”. The upfront fee for this plan is ¥330,000 (excluding taxes: ¥300,000) with 21 hours of legal service per month. We charge ¥25,300 (excluding taxes: ¥23,000) per hour for overtime. Should the agreement be in the long form typical of a U.S. marriage contract, or should it be a reduced version that is more likely to be understood by a Japanese-speaking spouse, a Japanese lawyer advising that client, and a Japanese court that can be used to interpret the agreement? An advance – sometimes called an entrance fee – is triggered when the services of a lawyer are used. These fees essentially allow the lawyer to go and work on your behalf. So even if you go to court or arbitration, but the result doesn`t go your way, those fees won`t be refunded. There are some exceptions to this article, but as a general rule, if a lawyer is hired, the contractual agreement must fully specify all the fees to be paid.

In the event that you decide to hire a lawyer and they do not present an engagement agreement that clearly states all the fees payable, be sure to seek this agreement before proceeding. These engagement agreements will likely be in Japanese – there is no requirement for these documents to be in English – so if there`s something you don`t understand, ask questions until you`re happy with the answers. Unless it is a very complicated case, the contractual agreement is a simple contract that must not include more than one or two pages of A4. Previously, any lawyer practicing law anywhere in Japan had a fixed set of fees, but this system has since been liberalized and today, a Japanese lawyer is free to charge anything he deems appropriate. As a result, different lawyers charge different rates. So, let`s look at the main means of remuneration of Japanese lawyers: fees and contingency fees and the collection of their time. When using the services of a lawyer, it is important to first have a clear explanation of their fee structure. This can be an important factor in deciding which lawyer they want to keep – do they explain their fee structure well? -Does the agreement have to contain both a jurisdiction clause and a choice of law clause? Not only for any legal advice, our mandate contract can also be used for management strategy, business planning, risk management and other business matters. Should Japan be the “home” of the agreement or would it be better to draft the agreement in accordance with another law and then ask a local but experienced lawyer in Japan to review the agreement for consistency with local form and suitability? In Japan, article 26 of the General Law Enforcement Act (www.international-divorce.com/horei_law.htm) allows spouses who marry in Japan to choose the matrimonial framework that applies to their marriage, provided that it is either the law of the country whose nationality or habitual residence is the spouse, or, in the case of immovable property, of the law of the place of immovable. .