Best Family Lawyers in Taiwan

About Family Law in Taiwan, Taiwan

Family law in Taiwan is a broad field in the legal sector that oversees marital issues, child custody, adoption, child welfare, and domestic disputes among other related issues. In its broad structure, the family law in Taiwan seeks to provide equitable solutions when family disputes arise, protecting the rights of all parties involved particularly the vulnerable such as children and the elderly. The governing rules and regulations for this crucial field are enshrined in Taiwan's Civil Code under the Family chapter.

Why You May Need a Lawyer

Engaging a lawyer for family-related issues in Taiwan could be necessary under various circumstances. These could include when seeking divorce or legal separation, during child custody disputes, in case of adoption processes, settling marital property issues, or if you're dealing with domestic abuse matters. In such scenarios, a lawyer can help you navigate the complex legal environment by representing you in court, advising you on your rights, obligations, and options, or facilitating agreements for conflict resolution.

Local Laws Overview

Taiwan's family law, majorly embedded in the Civil Code, stipulates strict regulations on several family-related issues. For instance, it outlines the minimum legal age for marriage as 18 for men and 16 for women. Divorce in Taiwan is allowed but should be based on sufficient reasons such as bigamy or adultery. Child custody primarily tends to favor the mother, but the court considers all factors to ensure the welfare of the child. The law also provides for a formal adoption process where the adoptive parents assume all rights and responsibilities of the natural parents.

Frequently Asked Questions

1. How can I file for divorce in Taiwan?

Before proceeding with a divorce, it is encouraged to have a mutual agreement. If such agreement does not exist, filing a suit in a District Family Court is the next step. A lawyer can guide you through this process.

2. How is property divided in a Taiwanese marriage?

Taiwan follows the concept of separate property and jointly acquired property during marital property distribution. Assets gained during the marriage period are often considered joint property, unless specified otherwise.

3. Who gets child custody after divorce?

The court generally grants custody to one parent but aims to uphold the child's best interests. Both parents maintain an obligation to support their child even after divorce.

4. Can I legally adopt a child in Taiwan?

Yes, the Taiwanese Civil Code provides an adoption process. It involves various approvals and can be a lengthy process, hence a lawyer's assistance can be helpful.

5. Is same-sex marriage recognised in Taiwan?

Yes, as of May 2019, Taiwan became the first Asian country to legalise same-sex marriage.

Additional Resources

There are several bodies that can be of help when seeking legal advice in Taiwan. The Legal Aid Foundation, local courts and the Ministry of Justice provide valuable guidance on matters related to family law. For domestic violence, the Ministry of Health and Welfare offers support and resources.

Next Steps

If you require legal assistance in family matters in Taiwan, the first step is often to engage a professional and competent family lawyer who understands the local law well. This legal expert will guide you through your issue, ensuring that your rights are protected and fair outcomes achieved. They can also represent you in court if required. It's essential to be candid with your lawyer about your situation for effective representation.