July 2018
A divorce decision rendered by a court in mainland China but not recognized by a Taiwan court cannot become effective in Taiwan, and the marital relationship should lapse based on a final judgment rendered by a district court in Taiwan (Taiwan)
2018.5.28
Yi-Shan Cheng
The Secretary General of the Judicial Yuan issued the Mi-Tai-Ting-Shao-Jia-Two-1070012724 Circular of May 28, 2018 (hereinafter, the "Circular"), holding that a divorce decision rendered by a court in mainland China but not recognized by a Taiwan court cannot become effective in Taiwan, and the marital relationship should lapse based on a final judgment rendered by a district court in Taiwan.
This Circular was issued in response to an inquiry letter from the Ministry of the Interior. First, it was pointed out in this Circular that if a divorce judgment rendered by a court in mainland China between both parties is not recognized by a Taiwan court in accordance with Article 74, Paragraph 1 of the Statute for Relationship between Citizens in the Taiwan Area and the Mainland China Area, such judgment can hardly give effect to a divorce in Taiwan. The marital relationship between the parties should come to an end by a final divorce judgment rendered by a district court in Taiwan. For the effective date of a divorce, Article 51 of the Family Law shall be referenced and the provisions of Articles 398 through 401 of the Code of Civil Procedure shall apply.
In addition, according to this Circular, whether the parties may apply to a Taiwan court to recognize a divorce judgment rendered by a court in mainland China again, since individual cases were involved and should be determined by the presiding judges based on their legal convictions, the Judicial Yuan did not express its opinions.
Yi-Shan Cheng
The Secretary General of the Judicial Yuan issued the Mi-Tai-Ting-Shao-Jia-Two-1070012724 Circular of May 28, 2018 (hereinafter, the "Circular"), holding that a divorce decision rendered by a court in mainland China but not recognized by a Taiwan court cannot become effective in Taiwan, and the marital relationship should lapse based on a final judgment rendered by a district court in Taiwan.
This Circular was issued in response to an inquiry letter from the Ministry of the Interior. First, it was pointed out in this Circular that if a divorce judgment rendered by a court in mainland China between both parties is not recognized by a Taiwan court in accordance with Article 74, Paragraph 1 of the Statute for Relationship between Citizens in the Taiwan Area and the Mainland China Area, such judgment can hardly give effect to a divorce in Taiwan. The marital relationship between the parties should come to an end by a final divorce judgment rendered by a district court in Taiwan. For the effective date of a divorce, Article 51 of the Family Law shall be referenced and the provisions of Articles 398 through 401 of the Code of Civil Procedure shall apply.
In addition, according to this Circular, whether the parties may apply to a Taiwan court to recognize a divorce judgment rendered by a court in mainland China again, since individual cases were involved and should be determined by the presiding judges based on their legal convictions, the Judicial Yuan did not express its opinions.
