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Due to some historical reasons, the questions on marital relations between residence in Taiwan and mainland China become more extraordinary with the daily increasing of cooperation between Taiwan and mainland China. In these cases, the local government may go after the Marriage Law of P.R.C as well as the specific circumstances. The people’s court will not treat this kind of cases as bigamy and follow the principle of quo non est in actis. According to the relevant laws and regulations in our countries, the people’s court shall deal with these cases as follows:
① In case both parties didn’t get divorced and haven’t got married since one party went to Taiwan, their marriage is valid. The party in mainland China got divorced with the opposite party according to laws and regulations in mainland. In case both parties haven’t got married and willing to resume their marital relation, the local government may deal with these cases in line with laws and regulations concerning resumption of marriage. The party going to Taiwan got divorced with the opposite party according to laws and regulations in Taiwan. In case both parties haven’t got married and willing to resume their marital relation, the local government may acknowledge their marital relation to be valid.
② Concerning the cases which have already been finished, the people’s court shall make the decision of canceling the original judgment and declare the resumption of their marital relations if both parties haven’t get married and wiling to resume their marital relation.
③ In case of both parties’ separation, either party or both parties got married while their spouses have been dead and they willing to resume their marital relation, they have to register their marriage again. In case of both parties’ separation, either party or both parties got married and they willing to resume their marital relation, they have to get divorced first and then register their marriage in line with laws and regulations.
④ In case both parties have been separated with one party’s going to Taiwan and the party remained in mainland China got married with a third party or kept a marital relation with a third party, the court may acknowledge this kind relation. If the party been to Taiwan return to the mainland China and both parties are willing to resume the marital relation with his or her spouse, the court may deal with this kind of cases in accordance with the Marriage Law of the P.R.C.
⑤ In case on party settled in Taiwan and required to get divorce with the opposite party in mainland China, the people’s court shall cope with these cases pursuant to the Marriage Law of the P.R.C. |
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