Best Family Lawyers in Taiwan

About Family Law in Taiwan

The family law in Taiwan is complicated but fundamentally seeks to maintain harmony in the family and protect the rights and interests of all members including spouses, children, and elders. The key areas covered under the jurisdiction of family law in this island nation are marriage, divorce, adoption, guardianship, domestic violence, child custody, and inheritance among others. The family law is part of the Civil Code in Taiwan which is the cornerstone of private law regulating various social relationships including those in a family. It is worth noting that Taiwan family law is of a dual nature attracting both Western and Eastern legal thoughts and cultural values.

Why You May Need a Lawyer

Legal complexity is a common characteristic present in many family law-related cases. Given that these laws and their interpretations can have a lasting impact on personal lives, assets and interact with other legal issues such as taxation, property law, and immigration, professional assistance is often necessary. Lawyers specializing in family law in Taiwan will provide one with advice based on local law while also highlighting international family law if applicable. Typical situations when you may need a family lawyer involve divorce proceedings, adoption procedures, child custody disputes, writing wills, and handling domestic violence cases.

Local Laws Overview

Local laws relevant to family in Taiwan are part of the Civil Code and broadly regulate issues like marriage, parental rights, adoption, and assets. For instance, marriages in Taiwan must be registered with the local Household Registration Office, and there are no limits on the number of divorces. The law allows for child adoption, although adopting foreigners is more complex with the adoption agency needing to agree. Also, Taiwan law states that both parents equally share parental rights and responsibilities, and such rights cannot be waived unless the children are at risk. With respect to assets, the law stipulates that property acquired during marriage is regarded as joint property and should be divided equally upon divorce unless otherwise agreed.

Frequently Asked Questions

1. How is child custody dealt with in Taiwan?

Taiwan law states that both parents continue to have equal parental rights even after separation or divorce unless it's harmful to the child.

2. What is the process of getting a divorce in Taiwan?

Divorce can be by agreement or litigation. The consent divorce involves spouses signing an agreement which is then registered with the Household Registration Office. The contested divorce needs decree from the court.

3. What is the legal age of marriage in Taiwan?

For males, the minimum legal age is 18, and for females, it's 16.

4. How is property divided in a divorce case in Taiwan?

Property acquired during marriage is considered as joint property and should be divided equally at divorce unless otherwise agreed.

5. How long does the divorce process take?

It varies. A consent divorce is faster, often completed in a few days whilst contested divorce may take several months to a couple of years.

6. Can I adopt a child from Taiwan?

Yes, both locals and foreigners can adopt, but the adoption process for foreigners can be more rigorous.

7. How do I protect myself from domestic violence?

Taiwan has robust laws to protect victims of domestic abuse. One can seek a protection order from a judge, contact police or seek help from available domestic violence hotlines.

8. How is child support calculated?

The court decides it based on the child's needs and the financial abilities of parents.

9. Can I change my lawyer during a case?

Yes, you can, but it might cause delays in your case.

10. Does Taiwan recognize same-sex marriage?

Yes, Taiwan legalized same-sex marriage in 2019.

Additional Resources

When seeking advice related to Family Law in Taiwan, you may explore various resources such as the Ministry of Justice and the Protection of Children and Youths Welfare and Rights Act. Additionally, several non-profit organizations provide support for family law-related issues, such as the Taiwan Association for Human Rights.

Next Steps

If you need legal assistance in Family Law in Taiwan, the first step is to find and consult with a lawyer specializing in this area. It would help if you gather all relevant documents and be clear about your goals before meeting the lawyer. Besides, be ready to discuss all aspects of your case openly, as this will help your attorney provide you with accurate advice and plan the course of action accordingly. Remember, patience and perseverance go a long way, as legal processes can take time. Finally, take care of your mental and physical health throughout the process.