Haachuu and Shimiken Make Headlines! What is "Common-Law Marriage" and How Does it Differ from Traditional Marriage? What are the Procedures?

The Trending Topic on the Internet: "De Facto Marriage"

On July 15th, the famous blogger Hachuu announced their de facto marriage.

A celebrity known on the internet got married, and it's a de facto marriage, which is different from the norm.

Many of you might have been surprised to see the announcement on social media.

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In a typical marriage announcement, "marriage = submitting a marriage registration = becoming registered," but de facto marriages do not require submitting a marriage registration.

While many might have a general understanding of the term, there are likely many who do not fully grasp its details.

What exactly is a de facto marriage, what system does it entail, and how does it differ from regular marriage?

Let’s dive deeper into de facto marriage!

What is De Facto Marriage? How is it Different from Regular Marriage?

De facto marriage (じじつこん) refers to a marriage where couples live together as a married couple without submitting a legal marriage registration.

Since no marriage registration is submitted, it means no official registration occurs,

so de facto marriage does not require any notification; if both parties recognize that they are "married," it is considered a de facto marriage.

However, if procedures are followed, couples can receive social services available to married couples.

This is different from a "common-law relationship," which is not legally recognized as a marriage despite living as a couple.

Hachuu and her boyfriend, Shimiken, have reportedly taken steps to officially recognize their de facto marriage, not just recognizing it among themselves.

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What are the Benefits of De Facto Marriage?

There are couples who choose de facto marriage instead of legal marriage (registered marriage). What are the reasons for this choice?

The benefits of de facto marriage can be summarized as follows:

☑ You can keep separate last names

☑ There is no change in your family register even after a divorce (no mark indicating divorce)

☑ You can receive social insurance and public services as a couple (with some restrictions)

It's like recognizing each other as spouses officially without the formal registration. It could be viewed as a blend between cohabitation and marriage.

For those like Hachuu who are seeking a free lifestyle, this might be a fitting choice.

What are the Drawbacks of De Facto Marriage?

Conversely, what are the drawbacks of de facto marriage?

☑ Only one parent can hold custody of the children

☑ It can be difficult to become a beneficiary of life insurance or a co-signer on a mortgage

☑ In cases of accidents or illnesses, there might be instances where family members are unable to sign medical consent due to lack of legal recognition

☑ There are gift taxes applicable on property division during a separation

These drawbacks predominantly impact child custody and economic perspectives.

Additionally, gaining understanding from those around you can also be a challenge; there seems to be many voices online asking Hachuu and others, "Why not get officially married?"

Many paired couples in de facto marriages do not submit notifications and are referred to as "self-recognized de facto marriages." The government does not have a grasp on how many couples recognize themselves in this manner.

Consequently, the system is not well-established, and the applicability of services varies by municipality and insurance company.

What Procedures are Required for De Facto Marriage?

While de facto marriage does not require submitting a marriage registration, what procedures are needed?

The necessary procedures for de facto marriage are twofold:

☑ Notification of residential record change

☑ Creation of a notarized document

You submit a "household change notification" for your resident record, changing the relationship column to “husband (not registered)” and “wife (not registered).”

This officially proves that even though you have not submitted a marriage registration, you are in a de facto marriage.

Depending on the company, you may receive family allowances or become a beneficiary of life insurance.

In cases of long-distance assignments, you cannot have the same residential record, so this procedure would not be possible, making de facto marriage procedures challenging for long-distance couples.

What is a Notarized Document?

A notarized document is a document prepared by a legal expert known as a notary public.

When verifying family relationships with medical institutions or when applying for a mortgage, the availability of a notarized document can ease the process.

However, it does not guarantee recognition as a spouse for all services, and responses may vary depending on the hospital or financial institution.

Summary from TV!

Here’s the summary table compiled by the morning news program "Sukkiri!"

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Are They Having a Wedding? What about Wedding Rings?

Do couples in de facto marriages hold a wedding ceremony?

It hasn't been announced whether Hachuu will hold a wedding ceremony, but most typical de facto marriage couples seem not to have one.

Surrounding people may also find themselves confused regarding how to give congratulatory gifts or what kind of congratulatory words would be appropriate.

Hachuu has previously mentioned on the audio media app Voicy that she "is not interested in weddings," so she may not plan to have a wedding.

Nevertheless, since they recognize each other as partners, many may likely wear wedding rings. ♡

The Two Who Chose this New Form of Marriage: Wishing Them a Lifetime of Happiness! ♡

We introduced the content and procedures of "de facto marriage," which became a topic of discussion after Hachuu's announcement.

The term de facto marriage is likely unfamiliar to most people.

Traditional institutions like marriage and wedding ceremonies are beautiful, but I believe it's wonderful to live in a society where various values and lifestyles are recognized. ♩