Tokyo Couple Fights for Right to Separate Surnames in Marriage

In Tokyo, a common-law couple using the pseudonyms Mitsuru Nezu and Toko Kurokawa are part of a 2024 lawsuit. The lawsuit aims to allow married couples the option of keeping different surnames. The couple has been in a de facto marriage for 17 years.

A debate in the Lower House regarding a selective surname bill marks the first time in nearly three decades that this issue has been discussed in the Diet. However, the bill is unlikely to pass before the current session ends, meaning the couple will continue to face challenges.

Kurokawa, 52, values her surname as a fundamental part of her identity, having used it professionally for over 30 years. She and Nezu, 51, chose common-law marriage to avoid changing their surnames. Nezu initially believed women typically changed their names upon marriage, but he changed his mind after developing an equal relationship with Kurokawa. They felt that common-law marriage was their way of life.

Over time, the disadvantages of their non-legal partnership became apparent. When they sought a joint mortgage to buy a house, most financial institutions did not recognize their common-law marriage, leading to a loan with a higher interest rate. They also face difficulties with health and tax matters, such as not being able to combine medical expenses or claim spouse deductions. They are also uncertain about their ability to consent to medical procedures for each other in emergencies.

Despite living together and raising their daughter, Kurokawa has sole custody. Kurokawa described their life as a mix of joy and anxiety, like "walking on thin ice."

The couple joined a lawsuit in March 2024, arguing that the current laws violate their constitutional rights. They cite Article 24 of the Constitution, which prohibits unreasonable restrictions on marriage, and Article 13, which guarantees the right to the pursuit of happiness. The Supreme Court has previously ruled the current system constitutional.

The couple also discussed a proposal to expand the use of maiden names. However, they believe that this does not solve the problem of losing one's family name and identity. In February 2024, they attempted to register their marriage but were rejected. They hope to be able to legally marry when a system allowing different surnames is established.