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
‘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