The Cabinet yesterday approved amendments to marriage laws allowing both spouses to file for divorce if they have been separated for at least three of the past five years, bringing the law in line with a 2023 ruling that found it conditionally unconstitutional to bar the party deemed responsible for the marital issue from filing.
Paragraph 2, Article 1052 of the Civil Code stipulates that a married person cannot file a petition for divorce if they are the sole party responsible for the breakdown of the marriage.
The Constitutional Court on March 24, 2023, ruled that the provision was “overly stringent” and must be amended within two years, as it could be unconstitutional if it deprived the party “responsible” for the marital issue of the right to seek a divorce regardless of how long ago the event occurred, the Ministry of Justice said.
Photo: Taipei Times
Given the ruling, the Cabinet yesterday approved amendments to the Civil Code to allow a petition for divorce by either party in a marriage if they have been separated for at least three of the past five years, the ministry said.
Forbidding a couple to divorce who have been separated for a long time and cannot mend the relationship goes against the spirit of marriage, it said.
The duration of separation to qualify for a divorce petition would be three years, it said, adding that the burden of proof would rest on the petitioner.
To enhance the disclosure of marital property and ensure the right fair division, a party involved in a divorce can ask the other party to provide an inventory and documents, the ministry said.
The Civil Code stipulates that a party involved in a divorce can seek alimony only if they are undergoing a judicial decree of divorce and are not at fault, but such requirements were considered too harsh, it said.
Therefore, the amendments would waive the requirement of “being an innocent party in a judicial decree of divorce” to file an alimony petition, allowing the divorcing party to ask for alimony from the other party if the former had fewer job opportunities while married and would face difficulties after the divorce, it added.
However, alimony might be reduced or waived if the petitioner has abused or unlawfully infringed the rights of their parents-in-law or children, it said.
The right to petition for alimony or non-overdue alimony payments would be canceled if the receiver marries again or passes away, the ministry said.
The amendments also stipulate that the right to petition for alimony would be abolished two years after divorce, it said.
Regarding maintenance obligations, the Civil Code stipulates that younger lineal relatives by blood have greater obligations than their older counterparts, it said.
However, the amendments would combine both into “lineal relatives by blood,” as they are considered equally significant in family relationships and shall have equal obligations, the ministry said.
The amendments are retrospective and would be sent to the legislature for review, it added.
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