Since we provided English services, we received quite a few responses, many of them more or less relate to the marriage laws in Taiwan.

Thus, we’ve decided to give you a brief introduction to the Taiwan marriage laws, hope these information can be helpful for you!

1. Age：
A male or female who has not reached his or her 18th year of age may not conclude a marriage.

2. Validity：
A marriage shall be effected in writing, which requires the signatures of at least two witnesses, and by the registration at the Household Administration Bureau.

3. Monogamy：
A person who has a spouse may not contract another marriage.
A person shall not marry with two or more persons simultaneously.

4. Same-sex marriage：
Two persons of the same sex may form a permanent union of intimate and exclusive nature for the purpose of living a common life.（But if one comes from a country where same-sex marriage is not yet legal, they may not form a same-sex union/marriage in Taiwan.)

5. Last name：
The husband and the wife should keep his or her own surname. Unless one party shall prefix to his or her surname that of the spouse in writing at the household administration authority.
The party who prefixed to his or her surname that of the spouse shall return to his or her own surname. But only one time for change during the continuance of the marriage relationship.

Where the husband and the wife have not contracted the holding of matrimonial property, unless otherwise provided by this Code, the “statutory regime” shall be applied.

So in the following paragragh, we’ll mainly introduce the “statutory rigime”：

1. Respectively：
The husband or the wife would manage, use, collect fruits from, and dispose his or her own property respectively.

2. Before & After：
The property of either the husband or the wife shall be divided into the property acquired before marriage and the property acquired in marriage, and shall be owned respectively.
If the property could not be proven to be the property acquired before marriage or in marriage, it shall be presumed as the property acquired in marriage;
if the property could not be proven to be owned by the husband or the wife, it shall be presumed as owned by the husband and the wife jointly.

3. Obligation to inform：
The husband or the wife is under a mutual obligation to inform the other of the condition of his or her property acquired in marriage.

4. Debts：
The husband or the wife is respectively liable for his or her own debts.
When the husband or the wife discharges the other’s debts with his or her own property, even if it is during the continuance of the marriage relationship, he or she may claim for payback.

5. Distribution of Residual Marital Property：
Upon dissolution of the statutory marital property regime, the remainder of the property acquired by the husband or wife in marriage, after deducting the debts incurred during the continuance of the marriage relationship, if any, shall be equally distributed to the husband and the wife.

1. Cohabitation：
The husband and the wife are under mutual obligation to cohabit, unless for a good cause they cannot live together.

2. Payment：
The payment for living expenses of the household will be shared by the husband and the wife according to each party’s economical ability, household labor or other conditions unless otherwise provided for by law or mutual agreement.

3. Maintenance：
The husband and the wife are under a mutual obligation to maintain each other.
One of the husband and the wife and the parents of the other party living in the same household are also under a mutual obligation to maintain one another.

4. Loyalty：
The husband and the wife are under mutual obligation to be faithful.
Where he or she has consensual sexual intercourse with another person, the other party may petition the court for a juridical decree of divorce.

This is our brief introdution to the marriage laws in Taiwan.

We understand that the whole marriage system can be complex and confusing sometimes, especially when there isn’t an effective way of gathering the information you need. We will keep on sharing such information with you.

Next time, let’s talk about divorce system in Taiwan.

Also, please remember, if you have any legal question or run into any legal problem where you think a lawyer might be in need, don’t hesitate to contact.

Until next time!