Best Family Lawyers in Taiwan

About Family Law in Taiwan

Family law in Taiwan encompasses a wide range of legal issues related to familial relationships, including marriage, divorce, child custody, adoption, and inheritance. Taiwan's family law is largely influenced by civil law principles and is codified in the country's Civil Code. The law aims to protect the rights and responsibilities of family members while ensuring justice and fairness in familial matters.

Why You May Need a Lawyer

Engaging a lawyer for family-related matters can be crucial for several reasons. Common situations where individuals may require legal assistance include divorce proceedings, disputes over child custody, adoption processes, and cases of domestic violence. Lawyers can provide essential guidance on navigating complex legal issues, ensuring proper documentation, and representing their clients in court if necessary. Additionally, they can help in mediating family disputes to reach amicable solutions.

Local Laws Overview

Family law in Taiwan is governed by the Civil Code, which contains specific sections addressing marriage and family issues:

• Marriage and Divorce: The law dictates the legal requirements for marriage, including age and consent, and outlines the grounds and procedures for divorce.
• Child Custody and Support: Taiwan law prioritizes the best interests of the child in custody arrangements, and both parents are typically responsible for child support.
• Adoption: The adoption process in Taiwan is legally regulated to protect the welfare of the child, requiring court approval and adherence to stipulated procedures.
• Inheritance: Laws related to inheritance ensure the equitable distribution of a deceased person's estate among surviving family members.

Frequently Asked Questions

What are the legal requirements for marriage in Taiwan?

Individuals must be at least 20 years old to marry without parental consent. Both parties must provide mutual consent and register the marriage with local authorities.

What are the grounds for divorce in Taiwan?

Grounds for divorce include infidelity, abuse, desertion, severe insults, habitual gambling, and irreconcilable differences, among others.

How is child custody decided in the event of a divorce?

Child custody decisions are based on the child's best interests, considering factors such as parental capability, financial status, and the child's preferences if they are of sufficient age.

Can foreigners adopt children in Taiwan?

Yes, foreigners can adopt, but they must comply with local and international adoption regulations, which often involve a detailed vetting process.

What is the process for filing a complaint of domestic violence?

Victims can file a complaint with the local police or seek assistance from social welfare organizations. Protective orders can also be requested through the courts.

Is mediation required before a divorce in Taiwan?

Mediation is encouraged and, in some instances, required by the courts to attempt reconciliation before proceeding with divorce litigation.

How are assets divided in a divorce?

Assets acquired during the marriage are typically subject to equitable division, while personal assets owned before the marriage are usually kept by the original owner.

Are prenuptial agreements recognized in Taiwan?

Yes, prenuptial agreements can be legally binding if they are in writing and registered with the court.

What support is available for victims of domestic violence?

Victims can access various resources, including legal aid, counseling services, and emergency shelters provided by government and non-governmental organizations.

How can I change my child's surname after a divorce?

Changing a child's surname requires the consent of both parents and must be registered with the local household registration office.

Additional Resources

Several organizations can provide support and information on family legal issues in Taiwan:

• Legal Aid Foundation: Offers free legal advice and representation for low-income individuals.
• Ministry of the Interior: Provides information on family registration and related legal procedures.
• Social Welfare Departments: Available in local municipalities offering support for domestic violence victims and family counseling services.

Next Steps

If you require legal assistance with family law matters in Taiwan, consider taking the following steps:

• Contact a family law attorney to discuss your case and receive professional legal advice.
• Prepare and organize any documentation relevant to your situation, such as marriage certificates, financial records, and communication logs.
• Consider mediation or counseling services if family conflicts can potentially be resolved outside of court.
• Reach out to legal aid organizations if you require financial assistance to afford legal representation.

By taking these steps, you can better navigate the complexities of family law and work towards a resolution that protects your rights and interests.