The Constitutional Court is to hear arguments tomorrow on whether an article in the Civil Code limiting the circumstances in which couples can file for divorce contravenes the Constitution’s protection of individual freedoms.
The case relates to Clause 2, Article 1052 of the Civil Code, which states that a husband or wife can petition for divorce upon the occurrence of an event that renders it difficult to maintain the marriage.
However, if only one party is “responsible for the event,” then “only the other party may petition for divorce,” the clause says.
Photo: Tu Chien-jung, Taipei Times
Kaohsiung Juvenile and Family Court Judge Chu Cheng-kun (朱政坤) applied for the constitutional interpretation based on three cases that are before him.
Chu said that the clause contravenes the right to divorce as protected under Article 22 of the Republic of China Constitution, and also contradicts previous rulings by the court, including Interpretation No. 791, which decriminalized adultery.
In addition to limiting people’s freedom to end a relationship, the law also has the practical effect of devaluing marriage by allowing it to be used to “trap” individuals in relationships that only exist in official documents, Chu said.
A case coclaimant surnamed Fang (方) has been unable to divorce a woman he married more than 50 years ago, even though he has since raised three children with another woman in Hong Kong.
Fang said that the law has found him to be “responsible” for the difficulties in his marriage and was deemed ineligible to file for divorce.
The law is to be defended in the case by the Ministry of Justice.
Previously, the ministry has said that in cases where an event has made it difficult to maintain a marriage, both parties are often found responsible and thus have sufficient grounds for divorce.
It has also said that any potential amendments to the law should be left to the Legislative Yuan and not be decided by the courts.
Arguments in the case are to be heard starting at 9:30am tomorrow.
The proceedings are to be open to the public and broadcast live on the Internet.
‘DENIAL DEFENSE’: The US would increase its military presence with uncrewed ships, and submarines, while boosting defense in the Indo-Pacific, a Pete Hegseth memo said The US is reorienting its military strategy to focus primarily on deterring a potential Chinese invasion of Taiwan, a memo signed by US Secretary of Defense Pete Hegseth showed. The memo also called on Taiwan to increase its defense spending. The document, known as the “Interim National Defense Strategic Guidance,” was distributed this month and detailed the national defense plans of US President Donald Trump’s administration, an article in the Washington Post said on Saturday. It outlines how the US can prepare for a potential war with China and defend itself from threats in the “near abroad,” including Greenland and the Panama
A magnitude 4.9 earthquake struck off Tainan at 11:47am today, the Central Weather Administration (CWA) said. The hypocenter was 32.3km northeast of Tainan City Hall at a depth of 7.3km, CWA data showed. The intensity of the quake, which gauges the actual effect of a seismic event, measured 4 in Tainan and Chiayi County on Taiwan's seven-tier intensity scale, the data showed. The quake had an intensity of 3 in Chiayi City and County, and Yunlin County, while it was measured as 2 in Kaohsiung, Nantou County, Changhua County, Taitung County and offshore Penghu County, the data showed. There were no immediate reports of
The Chinese Nationalist Party (KMT) is maintaining close ties with Beijing, the Democratic Progressive Party (DPP) said yesterday, hours after a new round of Chinese military drills in the Taiwan Strait began. Political parties in a democracy have a responsibility to be loyal to the nation and defend its sovereignty, DPP spokesman Justin Wu (吳崢) told a news conference in Taipei. His comments came hours after Beijing announced via Chinese state media that the Chinese People’s Liberation Army’s Eastern Theater Command was holding large-scale drills simulating a multi-pronged attack on Taiwan. Contrary to the KMT’s claims that it is staunchly anti-communist, KMT Deputy
RESPONSE: The government would investigate incidents of Taiwanese entertainers in China promoting CCP propaganda online in contravention of the law, the source said Taiwanese entertainers living in China who are found to have contravened cross-strait regulations or collaborated with the Chinese Communist Party (CCP) could be subject to fines, a source said on Sunday. Several Taiwanese entertainers have posted on the social media platform Sina Weibo saying that Taiwan “must be returned” to China, and sharing news articles from Chinese state media. In response, the Mainland Affairs Council (MAC) has asked the Ministry of Culture to investigate whether the entertainers had contravened any laws, and asked for them to be questioned upon their return to Taiwan, an official familiar with the matter said. To curb repeated