"Stone from Other Mountains" Regulations on Requesting Divorce Abroad

Design a "hesitation period" of 3 to 5 years to prevent horses from appealing

[Reporter Wu Baixuan/Taipei Report] The Constitutional Court ruled that part of the Civil Code's "duty spouse may not apply for divorce" provision is unconstitutional, which is equivalent to the "big wife clause" and will be conditionally invalidated.

The women's group said that the two factions have been in dispute for many years, and they are not surprised by the judge's interpretation of the constitution, which is in line with international human rights standards. However, they hope that sufficient support must be done. If there is an affair or other responsible spouse, they should wait for three to five years after a hesitation period Otherwise, the disadvantaged women may lose their lives and property, their marriage will be lost, and they will have no financial ability, and it will be even more difficult to go to court to file a claim.

He Bizhen, former secretary-general of the National Federation of Taiwan Women's Organizations and a member of the Executive Yuan for Sexual Peace, pointed out that individuals support the contract of freedom of marriage, and those who violate the contract should bear material or moral compensation. The justice's constitutional interpretation is in line with the world trend.

However, the original law was to punish the "responsible spouse" and protect the party who did not make mistakes. If it is relaxed so that the cheater can apply for divorce, the weaker party may have to embark on a protracted legal claim, even after the court judges. Must get compensation and alimony.

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"If the relevant supporting facilities are not done well, it may make women more afraid of marriage!" He Bizhen believes that in too many cases, women are weak in marriage. Perhaps the two parties in the marriage can negotiate a "guarantee deposit" before marriage and put it in the account. When either party violates the contract , the victim can directly take away the security deposit to avoid future torture.

Fan Guoyong, executive director of the Modern Women's Foundation, said that removing the proviso that the responsible party cannot apply for divorce is to return the right to divorce to both parties, and to avoid damages to the rights and interests of not being able to divorce for life if they make a one-time mistake.

Fan also emphasized that supporting measures must be put in place, and we should pay attention to whether someone will take advantage of loopholes in the future and deliberately violate Article 1052 of the Civil Code to apply for divorce, such as intentional affairs, intentional murder of spouse, etc. The responsible spouse must be restrained. It is suggested that the responsible party in the future cannot file for divorce for at least three to five years, and the injured party can still file for divorce by himself.