Best Divorce & Separation Lawyers in Taiwan

About Divorce & Separation Law in Taiwan

Divorce and separation in Taiwan, similar to other regions, is a legal process that requires thorough understanding and knowledge. Taiwan's marital laws stipulate that a marriage stands terminated on the day of pronouncement of divorce. There are two types of divorce: Judicial and consensual. Consensual divorce is when both parties agree to divorce; the law doesn't require a fault nor a period of separation beforehand. In contrast, judicial divorce is pursued when there is fault by one party or when there has been a three-year separation due to disappearance, mental illness, or discordance.

Why You May Need a Lawyer

Engaging a lawyer for divorce proceedings in Taiwan can be beneficial due to the complex nature of divorce laws. A lawyer can help in explaining the rights and responsibilities of each party, negotiating divorce terms, drafting and overseeing agreements, and representing you in court. A lawyer's assistance is particularly crucial in complicated situations involving child custody, property division, alimony, or when one party is in a foreign country.

Local Laws Overview

The Civil Code of Taiwan governs divorce and separation. Key aspects include: marriages can be terminated by divorce (either mutual consent or through the court); reasons for divorce can include adultery, bigamy, malicious desertion, treating a spouse cruelly or committing any act seriously injuring the body or mind of the other spouse, etc.; and the court has the discretion to decide child custody, visitation rights, alimony payments, and property division based on different factors and evidence presented.

Frequently Asked Questions

1. Can I file for divorce in Taiwan if I was married elsewhere?

Yes, as long as either spouse is a resident of Taiwan at the time of filing for divorce, you can file for it in Taiwanese courts.

2. How long does a divorce proceeding usually take in Taiwan?

A consensual divorce can be relatively quick, often finalized in one day. Conversely, a judicial divorce can take several months to a year depending on the complexity of the case.

3. Who gets custody of the child in the event of a divorce?

The court usually decides child custody based on the best interest of the child. Factors such as the child's age, the nature of the parent-child relationship, and the parent's capability to care for the child will be evaluated.

4. Can a spouse refuse a divorce?

In the case of a mutual agreement divorce, both parties have to agree. If one party refuses, the other party may seek a divorce through the court.

5. How is property divided in a divorce?

The division of assets is based on the principle of marital common property. The court decides the division of property taking into account factors like duration of marriage, reason for divorce, and the incomes of each party.

6. Will I have to pay alimony after divorce?

The court determines whether alimony is necessary. If deemed appropriate, the amount is decided as per the ex-spouse's need and the paying spouse's ability to pay.

7. Can a divorce decree be appealed?

Yes, a divorce decree can be appealed in the appellate court within 20 days from the day the judgment is pronounced.

8. Can foreign judgments of divorce be recognized in Taiwan?

Yes, but foreign judgments need to meet specific requirements to be recognized in Taiwan, such as the foreign court had jurisdiction over the case, due process of law was observed, judgment is not in conflict with the public order or good morals of Taiwan, etc.

9. What happens if my spouse disappears?

As per Taiwan’s Civil Code, if a spouse has disappeared for over three years, the other party has grounds to file for a divorce.

10. Can provisions in a prenuptial agreement be implemented in a divorce settlement?

Yes, the provisions set forth in a prenuptial agreement can be implemented in a divorce settlement as long as they don't contradict Taiwan’s laws.

Additional Resources

For more information, refer to Taiwan's Ministry of Justice and local judiciary bodies. The Legal Aid Foundation offers help for those who can't afford attorneys. In addition, various online resources and textbooks provide comprehensive coverage of Taiwan's divorce law.

Next Steps

If you require legal assistance in divorce or separation, it's advisable to approach a lawyer or legal service that specializes in Family Law in Taiwan. They can provide informed advice, help you understand your rights and responsibilities, assist in drafting necessary documents, and represent you in court if required.