Iâll take a stab at answering your questions. However, I must confess that Iâve never had any real life experience with this situation, so Iâm answering based on basic divorce laws of the United States. If anyone else wants to chime in here, please feel free to lend a hand!
[quote=âBlackAdderâ]Which divorce laws would apply to a married couple (living in Taiwan) that had got married outside Taiwan? For example, marrying a Taiwanese partner back in your home country, or perhaps while away on holiday somewhere (but not in Taiwan).[/quote]If you are residing in Taiwan and decide to divorce in Taiwan, then the divorce laws in Taiwan would apply. However, if you were legally residing in Taiwan and decided to return to your home country to divorce, then the divorce laws in your home country would apply. Basically, you need to follow the relevant laws of whichever country that you decide to get divorced.
[quote=âBlackAdderâ]Would this couple be tied to Taiwanâs divorce laws while living in Taiwan, or would there be any allowances /options / provisions for the divorce law of the country they got married in?[/quote]The couple would be subject to the divorce laws of the country in which they decide to divorce. There are no provisions for Taiwan to follow other countriesâ divorce laws based on the nationalties of either of the two individuals who are divorcing. Do you think an American court would take any Taiwan divorce laws into consideration when rendering a decision on a divorce petition? If you were a Sunni Muslim and you used the triple talaq method of divorce by telling your spouse three times, ŰŁÙŰȘ ۷ۧÙÙ ŰŁÙŰȘ ۷ۧÙÙ ŰŁÙŰȘ ۷ۧÙÙ (âI divorce you, I divorce you, I divorce youâ), do you believe any other country would accept that as a valid divorce as it is in some countries? :loco:
[quote=âBlackAdderâ]Bonus question: What if the couple had seperated and were living in different countriesâŠwhich law would take precedent then?[/quote]Niether, both, one or the other. This is a really loaded question. Why? Letâs take the US for example. America is not simply one country, itâs more like 50 little countries (states) which cooperate together under a federal system. All 50 states of the United States have different requirements for residency as it pertains to divorcing. For Hawaii, no divorce will be granted for any cause unless domiciled or having been physically present in the State for a continuous period of at least six months prior to filing for the divorce. So, in this case, the two parties wouldnât be able to divorce in Hawaii. If they wanted to get divorced, Taiwan would be the way to go because there is no residency requirement in order to get divorced. The spouse who is residing outside of Taiwan would simply need to return to Taiwan on a visitorâs visa for a couple days and get it done. Letâs look at the State of Nevada,you know VEGAS!!! The law requires established residency of 6 weeks in order to file a complaint for divorce. Easier, but still a month and a half of residency is required just to get divorced.
As you can see, it gets complicated for divorce in the United States. You can legally file for and successfully get divorced in ANY state within the United States, but you have to follow the specific divorce laws of the respective state for which you are divorcing to include requirements for residency.
So, back to your hypothetical question. Which country is the foreigner from? Where is the foreigner residing right now? Where is the Taiwanese spouse residing right now? Does the Taiwanese spouse also hold citizenship from the country where the marriage took place in addition to Taiwanese citizenship? Has the marriage been registered in Taiwan? Is it a contested divorce or an uncontested divorce?