When the Spouse at Fault Files for Divorce—In the Wake of Judgment 112-Hsien-Pan-4 (2023)

On March 4, 2023, the Constitutional Court handed down Judgment 112-Hsien-Pan-4 (“Judgment”) to decide whether the proviso of Paragraph 2, Article 1052 of the Civil Code violates the constitutional right to freedom of marriage. The Constitutional Court updated the established judicial interpretation, declaring that the proviso bans only the spouse “wholly at fault” from filing for divorce. Furthermore, the Constitutional Court held that the proviso partially violates the constitutional right to freedom of marriage because the blanket ban does not recognize exceptions permitting the spouse “wholly at fault” to file for divorce. ... More