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.
MORE VISITORS: The Tourism Administration said that it is seeing positive prospects in its efforts to expand the tourism market in North America and Europe Taiwan has been ranked as the cheapest place in the world to travel to this year, based on a list recommended by NerdWallet. The San Francisco-based personal finance company said that Taiwan topped the list of 16 nations it chose for budget travelers because US tourists do not need visas and travelers can easily have a good meal for less than US$10. A bus ride in Taipei costs just under US$0.50, while subway rides start at US$0.60, the firm said, adding that public transportation in Taiwan is easy to navigate. The firm also called Taiwan a “food lover’s paradise,” citing inexpensive breakfast stalls
TRADE: A mandatory declaration of origin for manufactured goods bound for the US is to take effect on May 7 to block China from exploiting Taiwan’s trade channels All products manufactured in Taiwan and exported to the US must include a signed declaration of origin starting on May 7, the Bureau of Foreign Trade announced yesterday. US President Donald Trump on April 2 imposed a 32 percent tariff on imports from Taiwan, but one week later announced a 90-day pause on its implementation. However, a universal 10 percent tariff was immediately applied to most imports from around the world. On April 12, the Trump administration further exempted computers, smartphones and semiconductors from the new tariffs. In response, President William Lai’s (賴清德) administration has introduced a series of countermeasures to support affected
CROSS-STRAIT: The vast majority of Taiwanese support maintaining the ‘status quo,’ while concern is rising about Beijing’s influence operations More than eight out of 10 Taiwanese reject Beijing’s “one country, two systems” framework for cross-strait relations, according to a survey released by the Mainland Affairs Council (MAC) on Thursday. The MAC’s latest quarterly survey found that 84.4 percent of respondents opposed Beijing’s “one country, two systems” formula for handling cross-strait relations — a figure consistent with past polling. Over the past three years, opposition to the framework has remained high, ranging from a low of 83.6 percent in April 2023 to a peak of 89.6 percent in April last year. In the most recent poll, 82.5 percent also rejected China’s
PLUGGING HOLES: The amendments would bring the legislation in line with systems found in other countries such as Japan and the US, Legislator Chen Kuan-ting said Democratic Progressive Party (DPP) Legislator Chen Kuan-ting (陳冠廷) has proposed amending national security legislation amid a spate of espionage cases. Potential gaps in security vetting procedures for personnel with access to sensitive information prompted him to propose the amendments, which would introduce changes to Article 14 of the Classified National Security Information Protection Act (國家機密保護法), Chen said yesterday. The proposal, which aims to enhance interagency vetting procedures and reduce the risk of classified information leaks, would establish a comprehensive security clearance system in Taiwan, he said. The amendment would require character and loyalty checks for civil servants and intelligence personnel prior to