Notices

Procedures for Establishing a De Facto Marriage and Related Protections:

Under company welfare programs or government support schemes, certain benefits may be provided to a spouse. However, for a partner in a de facto marriage to qualify for such benefits, certain requirements must be satisfied.

In determining whether a de facto marriage exists, the following factors are generally considered. First, the parties should actually live together and maintain a shared household. Second, they should form an economic community, for example by jointly bearing living expenses. Third, there should be circumstances showing that family members, relatives, neighbors, or others around them recognize the couple as being in a genuine marital relationship.

In particular, when claiming survivors’ benefits under the Industrial Accident Compensation Insurance system, objective evidence establishing the existence of a de facto marriage is important. If there is a dispute over the relationship or if its legal recognition is unclear, it may be necessary to establish the existence of the de facto marriage through appropriate legal proceedings.