All Taiwanese women who think that they can still decide when their marriages are over should beware. If DPP Legislator Cheng Yu-cheng (
Taiwanese law does not provide for contested no-fault divorce. So, anyone wishing to obtain a divorce in Taiwan must do so either with the consent of the other party or on the grounds that the spouse is at fault. This actually works to the advantage of economically disadvantaged or dependent spouses, who are too often wives who stay at home to take care of the family. To secure the wife's consent to the divorce, the husband typically has to work out a financial settlement with her. Without such a settlement, the wife can become financially destitute after the marriage ends, as Taiwan's law on marital property does not provide them the protections offered in other countries.
On the other hand, in the US, virtually all states now allow for non-consensual and ex parte no-fault divorces. This means that one spouse may obtain a divorce decree over the objection, or in the absence, of the other without fault by the latter. A state court can obtain jurisdiction over a divorce involving aliens, so long as at least one party to the marriage is registered as living in the state. Living in the state for a certain amount of time is all that is required to register there. However, in contrast to Taiwan, US states' laws on marital property often offer much better protection for financially dependent spouses.
So in this case, what the public is witnessing is a form of legal shopping, with a member of the Legislative Yuan trying to find the best bargain for his divorce. Surely the drafters of the divorce law in Taiwan can't have intended that the citizens of this country, let alone lawmakers, be allowed to circumvent the legal requirements for a divorce this way.
While in this particular case, Cheng may not have much to give his spouse, except close to NT$300 million in debt, the same may not be true of all the men who are ready to take advantage of this newly discovered "cheap" solution to their problems.
Some may argue that Lu and other women in her position can always go to the US, where the laws on marital property are much more friendly to them, to defend their rights. However, the expense and inconvenience of bringing a lawsuit in a foreign country will probably be too much for those who need the money the most.
So, until and unless the law of this country is amended to provide financial security to financially dependent spouses, Taiwan's government should think twice before recognizing a divorce decree obtained from abroad.
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