Best Divorce & Separation Lawyers in Taiwan

About Divorce & Separation Law in Taiwan

Divorce and separation laws in Taiwan are governed by the Civil Code, which outlines the grounds and procedures for both consensual and contested divorces. Taiwan recognizes two types of divorce: consensual (mutual agreement) and judicial (court-ordered). It is important to note that Taiwan does not recognize common-law marriages, so formal procedures must be followed for a divorce to be legally acknowledged. When it comes to separation, while there is no formal "legal separation" status, couples may choose to live apart and informally separate assets and responsibilities.

Why You May Need a Lawyer

Seeking legal counsel during a divorce or separation can be crucial for several reasons. Complexities can arise in dividing assets, determining custody arrangements, and negotiating financial support. A lawyer can help you navigate these issues, ensure your rights are protected, and facilitate a smoother process. Additionally, legal assistance might be necessary if there is a communication breakdown between the parties or if one party is overseas, complicating the proceedings further.

Local Laws Overview

Key aspects of Taiwanese divorce and separation law include the following:

• Grounds for Divorce: Grounds for judicial divorce include adultery, serious mistreatment, desertion, incurable mental illness, and irreconcilable differences if they affect the common life.
• Property Division: Taiwan follows an "equitable distribution" approach, allowing for the fair, though not always equal, division of marital assets.
• Child Custody: Decisions are based on the best interests of the child, considering factors like the child's age, health, and the ability of each parent to provide for the child.
• Alimony & Child Support: The court may award alimony based on the financial circumstances of both parties and the needs of any children involved.
• Mediation: Taiwanese law often requires mediation attempts before proceeding to court judgments in divorce cases.

Frequently Asked Questions

What are the legal grounds for divorce in Taiwan?

Legal grounds include adultery, serious mistreatment, desertion, and irreconcilable differences that affect the marriage, among others.

Do both parties have to agree for a divorce to occur in Taiwan?

No, if one party does not agree to the divorce, the other may pursue a judicial divorce by demonstrating valid grounds.

How are assets divided in a Taiwanese divorce?

Assets are divided equitably, considering the contributions of each party, their financial status, and any existing prenuptial agreements.

What happens to custody of children in a divorce?

Custody is determined by the best interests of the child, taking into account various factors such as the child's needs and each parent's ability to provide care.

Is child support mandatory in Taiwan?

Yes, the non-custodial parent is typically required to provide financial support for the child's living expenses, education, and healthcare needs.

Can I get alimony in Taiwan?

Yes, the court may order alimony based on the financial need of one party and the ability of the other to pay, along with other relevant factors.

Is there a waiting period for divorce in Taiwan?

No specific waiting period applies, but mediation is often required to be attempted before moving forward with a judicial decision.

Can foreigners get divorced in Taiwan?

Yes, foreigners can file for divorce in Taiwan if at least one party meets the residency requirements.

What should I do if my spouse is unwilling to divorce?

You can file for a judicial divorce citing valid grounds, and the court will decide based on the evidence and circumstances presented.

Is mediation compulsory in all cases?

Mediation is generally required for contested divorces before the case can proceed to court, helping to resolve disputes amicably.

Additional Resources

Several resources and organizations can offer guidance and support:

• Taiwan Legal Aid Foundation provides legal services for those with financial difficulties.
• The Family Court under the Taiwan Judicial Yuan offers mediation and dispute resolution services.
• The Ministry of Health and Welfare provides information and resources about family welfare and child custody.
• Local law firms specializing in family law can offer personalized legal advice and representation.

Next Steps

If you require legal assistance with a divorce or separation, consider the following steps:

• Consult with a lawyer specializing in family law to discuss your situation and options.
• Gather and organize all relevant documents, such as marriage certificates, financial records, and communication logs.
• Consider mediation to resolve conflicts amicably before proceeding to court.
• Stay informed about your legal rights and responsibilities throughout the process.
• Reach out to legal aid organizations if you need financial assistance for legal representation.