萬國法律事務所

In an attempt to reduce the rate of divorces, the Ministry of Justice (MOJ) is planning to introduce the legal concept of marriage separation in Taiwan’s Civil Code. Advocates state that the marriage separation may help to moderate disputes between husbands and wives, and may give the spouses a period of time to seriously consider their decision to divorce.

MOJ will introduce both separation agreed by the spouse and the separation by judicial order. In general, the period of separation shall not exceed three years.

Whether a separation is required for any divorce remains unclear. However, different jurisdictions may have different regulations on this issue. In the UK for example, husbands and wives are eligible to apply for an order of divorce after two years of separation. German law requires five years of separation before the spouses are permitted to apply for an order of divorce.