Best Divorce & Separation Lawyers in Taiwan

About Divorce & Separation Law in Taiwan, Taiwan

Divorce and separation in Taiwan are governed by two primary pieces of legislation: the Civil Code of Taiwan and the Act Governing the Application of the Civil Law of the Republic of China. Divorce can be initiated by one or both parties, and the law permits divorce on a variety of grounds including mutual consent, adultery, malicious desertion, treating each other cruelly, and other serious cases. In the case of mutual consent, the process is relatively straightforward and does not necessarily require legal representation. However, for contested divorces, the legal process can be complex and emotionally challenging, thus necessitating the guidance of a practiced lawyer.

Why You May Need a Lawyer

Legal advice can be invaluable in navigating the complexities associated with divorce and separation. Contentious issues where legal guidance is particularly beneficial include disputes over child custody, alimony, division of property, and financial matters. Also, a lawyer can help guide the process, understand the involved costs realistically, meet filing deadlines, and adequately safeguard your rights and interests through the divorce process. If the divorce is contested, or if there are significant assets or potential custody disagreements involved, a lawyer’s assistance becomes essential.

Local Laws Overview

In Taiwan, the legal approach towards divorce and separation is largely fault-based. However, apart from proven fault grounds, mutual consents and separations for over three years are also accepted. Matters of child custody, property division, and alimony are determined based on individual situations, bearing the welfare of the child, contribution during the marriage, income status, and living conditions. It is noteworthy that there is no community property law in Taiwan; properties acquired during the marriage can be solely owned by either party based on their individual financial contributions.

Frequently Asked Questions

1. Can I get a divorce in Taiwan if I got married in another country?

Yes, foreigners who live in Taiwan can get divorced in Taiwan, even if they've been married elsewhere. Nevertheless, they must comply with residency rules and regulations.

2. How long does it take for a divorce judgment to be issued in Taiwan?

If the divorce is uncontested and by mutual agreement, the process can be relatively quick, typically within a few weeks to months. However, a contested divorce can potentially take years to settle, depending on the complexity of the case.

3. What is the process to file for divorce based on mutual agreement?

A written agreement signed by both parties is needed in the case of a divorce by mutual agreement. This agreement addresses custody of children, division of properties, etc. After notarizing the document, it is submitted to the local household registration office.

4. How are marital properties divided in Taiwan?

There is no automatic equal split of marital properties in Taiwan. The court considers various factors such as the source of the properties, the contributions made by both parties, and the needs for living, etc. to make a fair distribution of properties.

5. How is child custody determined in Taiwan?

The primary criterion in deciding custody issues is the best interest of the child. Multiple factors such as the child's age, health, the parents' residences, incomes, the relationship of child and parents, etc. are taken into consideration.

Additional Resources

The Judicial Yuan of Taiwan published a complete English version of Taiwan's Civil Code, which can be referred to for a comprehensive grasp about the legalities in Taiwan. For ongoing support and counseling, non-governmental organizations such as the Taiwan Association for Human Rights or the single parent support groups can be incredibly helpful.

Next Steps

If you are seeking legal advice for divorce or separation in Taiwan, it's recommended to first collect all relevant documents such as marriage certificates, proof of assets, income statements, and any evidence that might support your case. It is then recommended to consult a local lawyer or a legal aid service to understand the legal implications of your situation. You may also contact local support organizations to gain a broader understanding of your rights and available assistance.