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.
The Ministry of the Interior (MOI) is to tighten rules for candidates running for public office, requiring them to declare that they do not hold a Chinese household registration or passport, and that they possess no other foreign citizenship. The requirement was set out in a draft amendment to the Enforcement Rules of the Public Officials Election and Recall Act (公職人員選舉罷免法 ) released by the ministry on Thursday. Under the proposal, candidates would need to make the declaration when submitting their registration forms, which would be published in the official election bulletin. The move follows the removal of several elected officials who were
The Republic of China (ROC) is celebrating its 114th Double Ten National Day today, featuring military parades and a variety of performances and speeches in front of the Presidential Office in Taipei. The Taiwan Taiko Association opened the celebrations with a 100-drummer performance, including young percussionists. As per tradition, an air force Mirage 2000 fighter jet flew over the Presidential Office as a part of the performance. The Honor Guards of the ROC and its marching band also heralded in a military parade. Students from Taichung's Shin Min High School then followed with a colorful performance using floral imagery to represent Taiwan's alternate name
FOUR DESIGNATED AREAS: Notices were issued for live-fire exercises in waters south and northwest of Penghu, northeast of Keelung and west of Kaohsiung, they said The military is planning three major annual exercises across the army, navy and air force this month, with the navy’s “Hai Chiang” (海強, “Sea Strong”) drills running from today through Thursday, the Ministry of National Defense said yesterday. The Hai Chiang exercise, which is to take place in waters surrounding Taiwan, would feature P-3C Orion maritime patrol aircraft and S-70C anti-submarine helicopters, the ministry said, adding that the drills aim to bolster the nation’s offshore defensive capabilities. China has intensified military and psychological pressure against Taiwan, repeatedly sending warplanes and vessels into areas near the nation’s air defense identification zone and across
A Chinese takeover of Taiwan would severely threaten the national security of the US, Japan, the Philippines and other nations, while global economic losses could reach US$10 trillion, National Security Council Deputy Secretary-General Lin Fei-fan (林飛帆) wrote in an article published yesterday in Foreign Affairs. “The future of Taiwan is not merely a regional concern; it is a test of whether the international order can withstand the pressure of authoritarian expansionism,” Lin wrote in the article titled “Taiwan’s Plan for Peace Through Strength — How Investments in Resilience Can Deter Beijing.” Chinese President Xi Jinping’s (習近平) intent to take Taiwan by force
RSS