Lorna 的擺渡

MARRIAGE LAW by Lorna Kung

The Social Reality of Foreign Spouses

Marriage VS Residence VS the Human Rights


The brief introduction of Marriage Law:
Divorce ＋ Guardianship ＋ Damage Compensation ＋ Residue Sharing ＋Alimony

一、Divorce
How to divorce?
1. through agreement:
2 witnesses＋The agreement will be registered in the Household Center where they
belonged.

2. through the Court
※ through family court mediation
※ following the bellowing reasons of charging divorce (6 months, no forgiveness)
a. Bigamy (the act of marrying a person while still legally married to another)
b. The husband or the wife has sexual relation with another person.
c. Maltreatment or abuse
d. If there is serious conflict with their immediate families to the extent that it affect their
married life.
e. Abandonment
f. Murder attempt
g. Incurable disease or ailment
h. Serious mental or psychological sickness
i. The husband and the wife lost contact for more that 3 years
j. Deliberately committed an act that is punishable by law for six (6) months or more.

In case of violence: Hotline for Family Violence： 113 and 110

二、Guardianship/ Custody for the children who below 20 years old
※ Kinds of guardianship:
Join guardianship
Single guardianship
※ Who own the guardianship?
through agreement or through the court
the standard of the court:
1.the most benefit of children
2.the willing of children
3.who is the one looking after
※ The guardianship is changeable
if the responsible party didn't caring the children or harmful for the children....

三、Rights for visit
※Parents have the rights to visit the children

四、Alimony for the children
※ Parents have the obligation to support children
How much? Refer to the Survey of Family Revenue & Expenditure

五、Damage Compensation
2,000,000below 400,000average

六、Residue Sharing
Residue = Total Assets－Total Debt－Bestowal--Inheritance( During the marriage period )
2 parties
※ Nobody can abandon the rights of residue sharing
※You can demand it after your divorce in 2 years


* Take note of which place (city or county) your Household Registry belonged.
* First Hearing: NT$ 3,000；Second & Third Hearing: NT$ 4,500
* In case you cannot afford a lawyer.
Contact: The Legal Aid Foundation (Taipei)
Tel.：(02) 2322-5151 Fax：(02) 6632-8282


Inheritance (After residue sharing)

一、Order
Spouse ＋ 1. Directly-related lowly consanguinity (same part)
2. Parents (½ plus...)
3.Brothers and Sisters (½ plus....)
4.Grandparents (2/3 plus....)
PS: follow in order (1 enjoy, no more 2,3,4 ; no1, then 2 enjoy, no more 3,4)

※ If there is a legal WILL
Following the will, but
Spouse(×1/2) ＋ 1. Directly-related lowly consanguinity (×1/2)
2. Parents (×1/2)
3.Brothers and Sisters (×1/3)
4.Grandparents (×1/3 )

二、Entail or Abandon inheritance
※ Do it in 3 months