Judicial Divorce in a Legal Vacuum—Judicial Practice Following the Expiration of the Legislative Amendment Deadline Set by Constitutional Court Judgment 112-Hsien-Pan-4 (2023)

On March 24, 2023, the Constitutional Court handed down Judgment 112-Hsien-Pan-4 ("Judgment"), holding that the proviso of Paragraph 2, Article 1052 of the Civil Code is unconstitutional to the extent that, in restricting the spouse wholly at fault from filing for divorce, which may be draconian in certain cases. The Constitutional Court instructed competent agencies to amend the laws in accordance with the holding of the Judgment within two years of the Judgment's promulgation; if the amendment is not completed by then, the courts shall rule in accordance with the holding of the Judgment. The deadline for amendment expired on March 23, 2025; however, the Civil Code has yet to be amended, and the draft amendments are still under review by the Legislative Yuan’s committee. In other words, divorce cases can now only be handled case by case in accordance with the holding of the Judgment. The Supreme Court has handed down several significant decisions during this period, and the framework for review has gradually taken shape. Below is a summary of these developments: ... More