The Constitutional Court yesterday said that a law barring the “responsible” party from filing for divorce is not flawed in principle, but ordered the Legislative Yuan to better define the clause and provide a statute of limitations.
Article 1,052 of the Civil Code states: “Either the husband or the wife may petition for a juridical decree of divorce ... except if either the husband or the wife is responsible for the event, only the other party may petition for the divorce.”
Kaohsiung Juvenile and Family Court Judge Chu Cheng-kun (朱政坤) and two individuals embroiled in extramarital lawsuits filed for the constitutional interpretation, claiming that the article contravened the legal principle of proportionality.
Photo: Wang Yi-sung, Taipei Times
Legal experts said on condition of anonymity that under the Civil Code, only the person who “is not” or “is less” at fault can file for divorce.
Chu and the others argued that Article 1,052 limits the constitutionally guaranteed right to freedom of marriage.
After reviewing the case, the court ruled that the proviso in principle does not contravene the Constitution’s guaranteed right of freedom of marriage.
However, it did find the blanket ban barring the party responsible for the act causing the breakdown of the marriage from filing for divorce — regardless of whether it occurred so far in the past that it has exceeded legal memory or how long it continued — might be too strict.
In this sense, the proviso contravenes the freedom of marriage under the Constitution, it said.
The court ordered competent authorities to immediately draft an amendment to the article that would bring it in line with the Constitution and implement it within two years.
Should the amendment take longer than two years to pass, all rulings after March 24, 2025, should observe the spirit of the ruling, the court said.
It suggested that legislators define the “period” after or during an act causing the irreparable breakdown of a marriage for it to be considered as such.
It also suggested that legislators observe similar cases in foreign countries and consider eligible relaxing causes to file for divorce.
The legal system should adapt to the times and make provisions so that the rights of individuals without fault and children still under their care are protected by the law during the divorce process, the ruling said.
Disagreeing with the ruling, Chu said the proviso prevents couples who have already separated in spirit from being able to separate legally.
The Ministry of Justice said the proviso protects the sanctity of marriage, as it prevents any one party from unilaterally dissolving the marriage.
Additional reporting by Wu Cheng-feng
Former president Tsai Ing-wen (蔡英文) on Monday called for greater cooperation between Taiwan, Lithuania and the EU to counter threats to information security, including attacks on undersea cables and other critical infrastructure. In a speech at Vilnius University in the Lithuanian capital, Tsai highlighted recent incidents in which vital undersea cables — essential for cross-border data transmission — were severed in the Taiwan Strait and the Baltic Sea over the past year. Taiwanese authorities suspect Chinese sabotage in the incidents near Taiwan’s waters, while EU leaders have said Russia is the likely culprit behind similar breaches in the Baltic. “Taiwan and our European
LIKE-MINDED COUNTRIES: Despite the threats from outside, Taiwan and Lithuania thrived and developed their economies, former president Tsai Ing-wen said Former president Tsai Ing-wen (蔡英文) on Saturday thanked Lithuania for its support of Taiwan, saying that both countries are united as partners in defending democracy. Speaking at a reception organized by the Lithuania-Taiwan Parliamentary Friendship Group welcoming her on her first visit to the Baltic state, Tsai said that while she was president from 2016 to last year, many Lithuanian “friends” visited Taiwan. “And I told myself I have to be here. I am very happy that I am here, a wonderful country and wonderful people,” Tsai said. Taiwan and Lithuania are in similar situations as both are neighbors to authoritarian countries, she
The Taipei District Court sentenced babysitters Liu Tsai-hsuan (劉彩萱) and Liu Jou-lin (劉若琳) to life and 18 years in prison respectively today for causing the death of a one-year-old boy in December 2023. The Taipei District Prosecutors’ Office said that Liu Tsai-hsuan was entrusted with the care of a one-year-old boy, nicknamed Kai Kai (剴剴), in August 2023 by the Child Welfare League Foundation. From Sept. 1 to Dec. 23 that year, she and her sister Liu Jou-lin allegedly committed acts of abuse against the boy, who was rushed to the hospital with severe injuries on Dec. 24, 2023, but did not
Taiwanese indie band Sunset Rollercoaster and South Korean outfit Hyukoh collectively received the most nominations at this year’s Golden Melody Awards, earning a total of seven nods from the jury on Wednesday. The bands collaborated on their 2024 album AAA, which received nominations for best band, best album producer, best album design and best vocal album recording. “Young Man,” a single from the album, earned nominations for song of the year and best music video, while another track, “Antenna,” also received a best music video nomination. Late Hong Kong-American singer Khalil Fong (方大同) was named the jury award winner for his 2024 album
RSS