Best Marriage Lawyers in Taiwan

About Marriage Law in Taiwan

The law governing marriage in Taiwan is the Civil Code of the Republic of China. Under this law, any male who is seventeen years old and any female who is sixteen years old are legally eligible to get married. Furthermore, both consensual parties must participate in marriage registration for it to be considered legal. The registration can be done either personally or through a proxy in front of a registrar. Taiwanese marriage law also acknowledges foreign marriages as long as they comply with the marriage laws of the respective country. It is important to familiarize oneself with all the legal requirements to successfully navigate the marriage process in Taiwan.

Why You May Need a Lawyer

Marriage is a life-altering commitment that also entails substantial legal implications. You may need a lawyer to help you fully understand all these implications and your rights and duties within the marriage. When planning a marriage involving a foreign citizen, the lawyer's assistance is invaluable for ensuring all requirements set by Taiwanese law as well as international laws are met. If there are issues around postnuptial contracts or asset distribution, a lawyer can provide advice and protect your interests. In unfortunate cases of divorce disputes, especially when they revolve around custody matters, alimony or property division, an attorney's support is often essential.

Local Laws Overview

Taiwanese marriage law operates under the principle of monogamy and both partners must be of the legal age to get married. The law also disallows marriage between lineal relatives, or between relatives by blood or marriage up to the third degree. Consent is a fundamental aspect of marriage under Taiwanese law and any marriage carried out by coercion could be annulled. When it comes to divorce, both parties can agree to part ways consensually, or one party can sue for divorce under specific grounds established by law. The latter includes situations where one party is engaging in bigamy or adultery, or has intent to kill the other.

Frequently Asked Questions

1. Do we need to be residents of Taiwan to get married there?

No, residency is not a requirement for marriage in Taiwan. However, non-residents are required to present a document verifying the legality of their status in their home country.

2. Can same-sex marriages take place in Taiwan?

Yes, Taiwan is the first country in Asia to legalize same-sex marriage. This decision came into effect from May 24, 2019.

3. Do I need to have a wedding ceremony to be legally married in Taiwan?

No, Taiwanese law only requires the marriage to be registered. The wedding ceremony is up to the personal preference of the couple.

4. Can one have a prenuptial agreement in Taiwan?

Prenuptial agreements are quite uncommon in Taiwan and the judicial system doesn't fully enforce them. It is recommended to seek legal advice if considering one.

5. If I married in Taiwan, will other countries recognize my marriage?

Most countries recognize marriages registered in Taiwan as long as the marriage did not violate the home country's marriage laws.

6. How are property disputes settled in the event of a divorce?

Typically, any properties acquired during the marriage would be jointly owned and equally divided upon divorce. It's best to consult with a lawyer for specific situations.

7. Can I carry my spouse's surname after the marriage?

In Taiwan, women are not legally required to change their surnames after marriage, though they may if they wish.

8. How are child custody disputes resolved in Taiwan?

Child custody is primarily decided by the court taking into account the child's wellbeing, the parents' financial situation, and other relevant factors.

9. What happens if someone is forced into a marriage?

Forced marriages are considered illegal in Taiwan. The victim party can take legal action and apply for annulment.

10. What are the requirements for a foreigner to marry a Taiwanese citizen?

Both parties must be of legal age to marry. The foreign citizen will need to provide documentation certifying that there's no impediment to their marriage.

Additional Resources

Department of Household Registration for local marriage registration, Ministry of Foreign Affairs for international marriages, and local community legal clinics for legal advice are some of the many resources available. Taiwan also boasts several non-governmental organizations specializing in family law.

Next Steps

If you need legal assistance in matters pertaining to marriage in Taiwan, consider hiring a lawyer experienced in Taiwanese family law. You may also want to explore local legal clinics that could provide free or low-cost advice. Always ensure that you are fully aware of your rights and responsibilities before making any legal decisions.