The Cabinet of Taiwan has recently approved significant amendments to the divorce laws, which now expand the legal grounds for filing for divorce and alter the alimony requirements. This move aims to align with a ruling from the Constitutional Court which found previous legislation too restrictive.
On February 20, 2024, the Cabinet proposed changes to the Civil Code to allow either spouse to file for divorce if they have lived separately for at least three of the past five years. This change stems from the Constitutional Court's March 24, 2023 decision which deemed it unconstitutional to bar the party deemed responsible for marital issues from seeking divorce. The ruling indicated the existing law was overly stringent and called for legislative changes within two years.
Prior to these amendments, divorce petitions were heavily restricted. According to the previous version of Article 1052 of the Civil Code, the party deemed responsible could not file for divorce, effectively trapping individuals in unhappy marriages. The Ministry of Justice clarified, "Forbidding a couple to divorce who have been separated for a long time and cannot mend the relationship goes against the spirit of marriage." This sentiment reflects the Cabinet's intent to promote more equitable divorce proceedings.
The amendments propose not only changes to the divorce petition process but also significant shifts in how alimony is treated. Previously, to file for alimony, applicants had to be deemed not at fault for the divorce, but this stipulation is set to be removed. Moving forward, divorcees will also be able to claim alimony on the grounds of reduced employment opportunities linked to their marriage. This change acknowledges the realities faced by many individuals who might struggle economically post-divorce.
Despite these relaxations, new restrictions are also being put forward. For example, divorcees must apply for alimony within two years of the divorce, whereas prior laws did not impose such strict time limits. The right to alimony will also be voided upon the pensioner’s remarriage or death, which both seeks to encourage self-sufficiency post-divorce and mitigate potential alimony disputes.
Another proposed change aims to improve the disclosure and fair division of marital property by allowing one party to compel the other to provide inventories and financial documents during divorce proceedings. This measure is intended to protect both parties' rights and facilitate fair negotiations during what can often be contentious separations.
These amendments to marital laws signify a progressive step forward for Taiwan, on par with contemporary family values and the reality of modern relationships. Notably, the proposals are retrospective and, pending approval from the Legislative Yuan, represent significant regulatory reform.
While the moves have been positively received by various advocacy groups, there is still concern over how these amendments will be operationalized and implemented effectively. Critics say the new laws must be accompanied by public education campaigns to inform citizens of their rights and the new processes involved.
With these amendments, Taiwan is set to reshape the foundations of marital law as it responds to contemporary societal norms and court directives, marking what could be seen as the start of newfound freedom for individuals within marriages.