【Family Law】Divorce in Taiwan: A Complete Guide to the Process and Key Issues for Foreign Residents
By Ping-Hsuan Hsu, Senior Attorney at Zhe Lu Law Office, Taipei Office
LL.M in International Business Law at Erasmus University Rotterdam

1. Introduction

Divorce involves ending a marriage and resolving issues such as parental responsibility, child support, parenting time, and the division of marital property. Many people feel unsure where to begin because they are unfamiliar with the legal process.
This guide explains the three main routes to divorce under Taiwan law in plain English: divorce by mutual consent, divorce through court mediation, and divorce through litigation. It also covers the key issues to address and the approximate time each route may take, helping you understand the process and protect your rights and your children’s interests.

2. Divorce Options in Taiwan

The three main routes depend on whether both spouses agree to divorce and whether they can resolve the related issues.

2.1. Divorce by Mutual Consent

Divorce by mutual consent is the quickest and most amicable route. Article 1049 of Taiwan’s Civil Code allows spouses who both agree to divorce to end their marriage themselves. The spouses must put their agreement to divorce in writing and should also record their arrangements for matters such as parental responsibility and child support.
Under Article 1050 of the Civil Code, the divorce must be documented in writing, signed by at least two witnesses, and registered with the household registration authorities. A Household Registration Office is the local government office that records civil status matters such as marriages and divorces.
This route does not require court proceedings. Once both spouses agree and complete the required registration at a Household Registration Office, the divorce takes legal effect. If they agree to divorce but cannot agree on parental responsibility, child support, or property division, those unresolved issues still need to be addressed through mediation or court proceedings.

2.2. Divorce Through Court Mediation

Under Taiwan’s Family Act, divorce cases generally must go through court mediation before a judge decides the case. An application asking the court to grant a divorce directly is generally treated as an application for mediation.
In court mediation, a court mediator or judge helps the spouses negotiate the terms of their divorce. If they reach an agreement, it is entered into the official mediation record, and the divorce takes effect at that point. The mediation record has the same legal effect as a final and binding court judgment. Either spouse may use it to complete the divorce registration without the other spouse attending.
Mediation is more flexible than litigation and is not open to the public. It can offer a less confrontational way forward for spouses who are willing to negotiate but lack mutual trust.

2.3. Divorce Through Litigation

If the spouses cannot agree to divorce, or if mediation is unsuccessful, a spouse seeking a divorce must ask the court to decide the case through litigation. Article 1052 of the Civil Code sets out grounds on which one spouse may ask the court to grant a divorce. These include:

• Bigamy, meaning that a spouse enters into another marriage while already married.
• Consensual sexual intercourse with someone other than the spouse.
• Abuse of the other spouse that makes living together intolerable.
• Ongoing abandonment of the other spouse in bad faith.
• An intention to kill the other spouse.
• A serious, incurable mental illness.
• Uncertainty for more than three years as to whether the other spouse is alive or dead.
• A final conviction for an intentional offense resulting in a fixed term of imprisonment exceeding six months.

A spouse may also seek a divorce on the basis of other serious circumstances that make it difficult to maintain the marriage.
Divorce litigation involves detailed court proceedings and generally requires more time and effort. The spouse seeking the divorce must provide evidence that a legal ground for divorce exists. Many people therefore engage a lawyer to organize the evidence, prepare court submissions, and represent them at hearings.

3. Key Issues to Address When Divorcing

Ending the marriage also requires careful attention to the following issues.

3.1. Parental Responsibility for Minor Children

Often called child custody, parental responsibility refers to the exercise of rights and the assumption of duties in relation to a minor child.
Deciding who will exercise parental responsibility after divorce is one of the most important and sensitive issues. Parents may agree that one parent will exercise it alone or that they will exercise it jointly. If they cannot agree, the court will decide according to the best interests of the child.
When deciding parental responsibility, the court will usually arrange for a social worker to conduct an assessment, including visits, to consider matters such as each parent’s financial circumstances, the parent-child relationship, and available support networks.
The court may also direct both parents to submit written explanations of their proposed arrangements, including the child’s residential history, any agreement on child support, and plans for parenting time and contact. Courts approach these decisions carefully, and parents should cooperate fully and provide the requested information.

3.2. Child Support for Minor Children

Both parents have a duty to financially support their minor children, and divorce does not end that duty. The parents should agree on the amount of child support and how it will be paid. If they cannot agree, the court may determine the arrangements on application or on its own initiative.

3.3. Parenting Time and Contact (Visitation Rights)

A parent who does not exercise parental responsibility still has a right to spend time with and maintain contact with their minor child. Often called visitation or access, this right arises from the parent-child relationship and serves the child’s best interests. A divorce agreement or court order will usually specify the schedule, the way contact will take place, and arrangements for picking up and returning the child.
Courts encourage parents to agree on these arrangements themselves or through mediation. If they cannot agree, the court may determine a plan on application or on its own initiative.
The parent with whom the child lives is expected to actively help contact take place. A refusal to communicate or coordinate may lead the court to view that parent as unwilling to support the child’s relationship with the other parent, which may influence decisions about parental responsibility.
After divorce, both parents should discuss parenting time calmly and focus on the child’s best interests. Conflict between the parents should not deprive the child of a relationship with the other parent.

3.4. Division of Marital Property

Where Taiwan’s statutory marital property regime applies, divorce brings that regime to an end. Under Article 1030-1, paragraph 1, of the Civil Code, each spouse’s existing property acquired during the marriage is assessed after deducting debts incurred during the marriage. The difference between the spouses’ remaining net amounts is, in principle, divided equally.
Property acquired by inheritance or otherwise without payment, such as gifts, and compensation for nonpecuniary harm, such as emotional distress, are excluded from this calculation. This mechanism is often referred to as the distribution of the difference in residual marital property.
In practice, property division can involve complex questions about which assets qualify and how funds have moved between accounts or been used. A lawyer can help organize and analyze the relevant property and financial records.

4. Estimated Divorce Timelines

The time needed to complete a divorce varies considerably depending on the route taken.

4.1. Divorce By Mutual Consent

This is the fastest route. Once both spouses have all the required documents and attend a Household Registration Office, registration can be completed during that visit. However, negotiating and drafting the divorce agreement may itself take considerable discussion and time.

4.2. Divorce Through Court Mediation

The period between applying for mediation and the scheduled mediation session is usually around one to three months. If an agreement is reached and formally recorded, the divorce takes effect at that point. If mediation is unsuccessful, the case proceeds to litigation.

4.3. Divorce Through Litigation

Proceedings in the court of first instance usually take around one to two years. The duration depends on the court’s schedule, the examination of evidence, social workers’ assessment reports, and the exchange of written submissions between the parties. If the case is appealed, proceedings at second instance may take a further year or more, and proceedings at third instance may take an additional six months or more.

5. Final Considerations

Divorce can be a lengthy process involving difficult emotions and legal decisions. Whether you proceed by mutual consent, mediation, or litigation, parental responsibility, child support, parenting time, and property division all require careful attention to protect your rights and your children’s interests.
Before taking steps to divorce, develop a basic understanding of your legal rights and seek professional legal assistance where needed. Clear, calm communication can help you resolve the issues that remain when a marriage ends and work toward an amicable outcome.
(※ This article is for general informational purposes only and does not constitute formal legal advice. ※)