Living abroad while your Taiwanese spouse is in Taiwan: preparing for a divorce consultation

Can the divorce go ahead while you stay overseas? That depends on which procedure you need. A representative may be able to handle parts of it, but the household registration office or the court may still need something from you in person. Before you sign any authorization, pin down what your spouse has actually agreed to and whether a case is already under way.

What does “we agree” actually cover?

Imagine your spouse agrees by message to end the marriage but has not agreed to sign the documents or go to the household registration office to register the divorce. That is a practical obstacle. Agreeing to divorce, cooperating with signatures and registration, and agreeing about money or children are three separate things.

A divorce by agreement under Article 1050 of Taiwan's Civil Code requires a written agreement, the signatures of at least two witnesses and registration of the divorce at a household registration office. An exchange of messages does not meet those requirements. The Ministry of the Interior's guidance on divorce registration explains the rule that both spouses apply together, when a written authorization can be approved, and how documents made abroad must be authenticated and translated.

If you cannot reach agreement, the consultation turns to grounds for a court divorce, evidence, jurisdiction and applicable law. A Taiwanese nationality connection may matter for jurisdiction, but it does not settle which law applies or whether you are entitled to a divorce. A long separation, too, has to be measured against the grounds for divorce and the evidence available. The Taiwan divorce Q&A discusses the broader routes.

When was the address last confirmed?

A spouse's silence raises two different problems: how the two of you communicate, and how court documents are served. The court still needs a lawful way to notify the other party.

Write down the last shared address, any known current home or workplace, phone numbers and email addresses. For each, note when you got it and whether it is confirmed or only suspected. Keep returned mail and dated records of your messages. That shows what is actually known without passing off an old address as current.

Do not log into your spouse's accounts without permission or use covert tracking to fill the gaps. Ask your lawyer about lawful ways to obtain information. What happens when an address is unknown depends on the circumstances and on the court's decisions; silence from your spouse does not dispense with service.

What has already happened in the foreign case?

If a case has started in another country, provide the court name and case number, the filings, service records and the current stage. If a decision has been issued, include the decision itself and any proof that it is final. A note saying “the divorce is done” leaves too many questions open.

Starting a new divorce in Taiwan and dealing with a divorce obtained abroad are different matters. Whether the foreign result has effect in Taiwan, how it is recorded in the household register and whether it can be enforced each have to be checked against the documents; one does not follow from another.

Personal attendance can remain necessary

Article 13 of Taiwan's Family Act allows the court to order a party or the party's legal representative to appear in person. It also lets the court take statements or question a party by other appropriate means, depending on the nature of the case. Raise travel, health or safety difficulties early so your lawyer can consider what to ask the court for.

If you sign a power of attorney for the court case while abroad, agree with your lawyer which original is needed and how it must be authenticated and delivered. A written authorization for divorce registration has to meet the household registration office's own conditions. Keep any envelope from the court together with its contents, and tell your lawyer about a deadline right away rather than waiting until your next trip to Taiwan.

First contact

When contacting Hovering International Law Firm, give a short summary of each spouse's nationality and residence, marriage records, children, what has been agreed and any existing cases. Add any deadline and your planned travel dates. A conflict check comes before you send detailed documents; consultation language, scope and fees can be discussed after that.

Email wei@hoveringlaw.com.tw. The Taipei office is at 7F-2, No. 35, Sec. 1, Chengde Rd., Datong Dist., Taipei City 103, Taiwan (103 臺北市大同區承德路一段35號7樓之2). Attorney Wei Tseng (曾雋崴) is responsible for this advertisement.