Divorce rates are steadily increasing in Taiwan, but the Taiwanese divorce-related rules are still complicated, particularly for foreigners. Unlike some Western countries (such as certain states in the US) with "no-fault" divorce laws, initiating divorce proceedings through Taiwanese courts still requires proving the other party's responsibility for the marriage breakdown. Apart from divorce itself, issues such as child custody and matrimonial property distribution also demand careful consideration. Below we conclude some essential points to be considered regarding divorce in Taiwan.

Q1: What are the main divorce procedures and conditions in Taiwan?

In Taiwan, you can get a divorce through agreement, mediation, or litigation processes. Each method has its own set of conditions and procedures outlined in the Civil Code of Taiwan.

1. Divorce by Mutual Consent: Pursuant to Articles 1049 and 1050 of the Civil Code, spouses are allowed to mutually consent to divorce. They need to draft a written agreement, signed by at least two witnesses, and then register the divorce together before the household registration office.

2. Mediation Divorce: Article 1052-1 of the Civil Code confirms the marriage can be dissolved through the mediation. This process involves both parties attending court-mediated sessions to reach a divorce agreement with the assistance of the mediator. Generally speaking, the mediator would be legal professions (mostly, the qualified lawyers). Sometimes the court would also arrange the expert, consultant or social worker to jointly mediate during the process. Once an agreement of divorce is reached, the court produces a mediation record and notifies the household registration office for divorce registration.

3. Litigation Divorce. If one spouse wishes to divorce but the other does not consent, litigation would become the only solution. According to Article 1052 of the Civil Code, certain conditions must be met for litigation divorce to proceed. It should be noted that the Taiwanese laws requires the mediation as the premise of litigation, hence the litigant still needs to undergo the mediation process prior to the litigation.

Q2: What are the conditions for seeking litigation divorce?

According to Article 1052 of Civil Code, one of the spouses shall petition the court for a juridical decree of divorce through where certain conditions are met. These conditions include:

1. Engaging in bigamy.

2. Engaging in consensual sexual intercourse with another person.

3. Abusing the other party, making common living intolerable.

4. Abusing the lineal relative of the other party, or having one's own lineal relative abuse the other party, making common living intolerable.

5. Deserting the other party in bad faith, with such desertion still ongoing.

6. Intending to murder the other party.

7. Having an incurable disease.

8. Having an incurable serious mental illness.

9. Being in a state of uncertainty for over three years regarding whether he or she is alive or dead.

10. Receiving a sentence of more than six months imprisonment for an intentional crime.

Other than aforementioned conditions, each of the spouses may petition for a juridical decree of divorce upon the occurrence of any "gross event" which lead to the difficulty to maintain the marriage. In practice, the court might probably consider it difficult for the spouses to maintain their marriage provided that they have live separately for a long period and they are not expected to live together.

It should be noted that, if each of the spouses is responsible for the "gross event", only the other party may petition for the divorce according to the Civil Code. In the past, the responsible party is strictly unable to file the petition due to this rule. However, the Taiwanese courts turn to a more opened attitude recently, ruling that the responsible party may still petition for divorce under certain circumstances.  

Q3: What is the procedure and the timeline for litigation divorce in Taiwan?

The procedure involves filing a divorce petition, attending mediation sessions, presenting oral arguments in the court. The time needed varies in different cases, depending on the complexity of the case, whether there is custodial issue involved. Averagely, 10 months to 12 months would be taken for the first instance.

The court would render its judgement to allow or dismiss the petition of divorce, after the oral arguments. Still, if each of the parties is unsatisfied with the judgment, he/she may appeal the judgement to higher court within 20 days. The 2nd instance process might take another 8 months to render its judgment.

Q4: What considerations should be made regarding alimony in divorce proceedings?

Alimony is not obligatory but can be agreed upon mutually or determined by court judgment. In mutual agreements, spouses decide on the amount, terms, and payment method of alimony, which would be legally binding upon divorce registration.

Article 1057 of the Civil Code facilitates the alimony which a non-consenting divorcing spouse can request during divorce proceedings to support their basic living needs. Court judgments in litigation divorces have specific conditions and criteria for determining alimony amounts, ensuring fairness and financial capability. Alimony serves as a form of financial assistance to prevent economic hardship post-divorce, especially for the economically vulnerable spouse. In determining the amount of the alimony, the court refers to the average personal expenses of the governmental statistics, in which the number would be around NTD 25,000 to NTD 30,000 depending on deferent areas.

Q5: What are the considerations for child custody in divorce cases?

Child custody arrangements can be decided through mutual agreement or through court proceedings. If determined in court, the decision prioritizes the best interest of the child, with evaluations conducted by professionals like social workers or court-appointed guardians.

Q6: How is matrimonial property calculated and divided during divorce proceedings in Taiwan?

If the spouses had not agreed upon the property regime prior to, nor changed the regime during their marriage, the "statutory property" regime applies. Under such regime, both parties have the right to claim the distribution of the remaining matrimonial property (i.e., the property acquired by each of spouses in the marriage) upon the divorce.

After divorce, the statutory property regime no longer applies. Therefore, the remaining matrimonial property of both parties should be equally distributed after deducting debts incurred during the marriage. Exceptions include (a) property acquired from succession or as a gift, and (b) solatium.

The right to claim the distribution of the remaining matrimonial property is subject to time limits. Such right would be time barred if (a) not exercised within two years from the time where the claimant has known that there is such a remainder; or (b) five years since the dissolution of the statutory marital property regime.