Three important things to get a divorce in Taiwan. Let's read with the family lawyer Ms. Liang wei shan.

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#rightofcustody
#rightofaccess
#matrimonialproperty
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#家事專科梁維珊律師

If the husband and the wife have mutual consent to divorce by agreement in Taiwan, it will be very important to know some issues as below:

1. According to the Civil Law in Taiwan, “ The husband and the wife may effect a divorce by themselves with their mutual consent”(Article 1049). “Divorce by mutual consent shall be effected in writing which requires the signatures of at least two witnesses, and by the divorce registration at the household administration authority” (Article 1050). The two witness must see or hear mutual parties are willing to divorce. One party can sue the other invalid divorce(it means the marriage is still valid) in the future if the two witness did not see or hear mutual parties are willing to divorce.

2. About the interests of the minor children: “right of custody” and “right of access”:

2.1  “right of custody” shall include rights relating to the care of the person of child and, in particular, the right of determine the child’s place of residence.

2.2 “right of access” shall include the right to take a child for a limited period of time to a place other than the child’s habitual residence.

In order to make the minor child still feel love after their parents getting divorced, mutual custody will be the best choice for the interest of the minor child. If one party can accept single custody of the child, the other has the right to access. Even in mutual custody situation, one who does not take care of the minor child has the right of access.

3. About the rights and obligations of marital property and debts shall be clarified:

3.1  If mutual parties agree to abandon their respective claims to distribute matrimonial property.

3.2  If mutual parties agree that the property and debt under each party’s obligation shall belong to the party respectively and reimburse it by himself/herself.

If one party try to apply to Taiwan family court for a non-consensual divorce, one shall prove the existence of a legally valid reason. According to the article 1052 of Civil law in Taiwan, “Where either the husband or the wife meets one of the following conditions, the other party may petition the court for a juridical decree of divorce:

(1) Where he or she has committed bigamy;

(2) Where he or she has consensual sexual intercourse with another person;

(3) Where he or she abuses the other party as to render common living intolerable;

(4) Where he or she abuses the lineal relative of the other party, or his or her lineal relative abuses the other party as to render common living intolerable;

(5) Where the other party has deserted him or her in bad faith and such desertion still continues;

(6) Where he or she is intent on murdering the other party;

(7) Where he or she has a loathsome disease which is incurable;

(8) Where he or she has a serious mental disease which is incurable;

(9) Where it has been uncertain for over three years whether he or she is alive or dead; or

(10) Where he or she has been sentenced to more than six months imprisonment for an intentional crime.

Either the husband or the wife may petition for a juridical decree of divorce upon the occurrence of any gross event other than that set forth in the preceding paragraph that renders it difficult to maintain the marriage, except if either the husband or the wife is responsible for the event, only the other party may petition for the divorce. ”

Even one apply a suit to the family court, there will be a mediation procedure in the court to negotiate if divorce or not. According to the Family Act(Article 30), “A mediated decision in accordance with the preceding paragraph has the same effect as a binding decision of the court upon its being reached.” Therefore, the mediation procedure will still have a chance to terminate the marriage peacefully.