Last reviewed: 28 October 2026
Quick answer
If either spouse is an Australian citizen, is domiciled in Australia, or has ordinarily lived here for 12 months, you can usually divorce in Australia, even if you married in Taiwan. To update your Taiwan household registration, the Australian divorce order is verified by a Taipei Economic and Cultural Office and registered at a household registration office. Australian property orders need a Taiwan court’s enforcement judgment before they can be enforced in Taiwan. Taiwan is outside the Hague Child Abduction Convention, so preventing a child’s removal is vital. There is no reciprocal child support arrangement with Taiwan.
Taiwanese families often hold property, family companies and savings in Taiwan while living, studying or investing in Australia. Some couples divorce in one place but forget the other, leaving the household register showing them still married, or property in Australia unresolved. This guide explains how the two systems fit together.
Divorcing in Australia after marrying in Taiwan
Australia recognises marriages validly registered in Taiwan. You can apply for divorce in Australia if at least one spouse:
- is an Australian citizen;
- is domiciled in Australia, meaning they treat it as home and intend to stay indefinitely; or
- has ordinarily lived in Australia for the 12 months before filing.
You must have been separated for 12 months with no reasonable likelihood of reconciliation, which can include separation under one roof. Couples married less than two years need a counselling certificate or an explanation. A Taiwanese marriage certificate or household registration transcript needs a certified English translation.
The divorce ends the marriage only; property and children are separate. For married couples, property applications must generally be made within 12 months after the divorce becomes final. For property issues specifically, see our article on divorce and Australian property for Taiwanese families.
Serving a spouse in Taiwan
Taiwan is not a party to the Hague Service Convention, so documents are usually served personally through an agent in Taiwan or by court-approved alternative service. Documents must be served at least 42 days before the hearing.
Divorcing in Taiwan
Taiwan’s Civil Code provides two routes.
- Divorce by agreement. The spouses sign a written divorce agreement witnessed by at least two people. It takes effect only when registered at a household registration office.
- Judicial divorce. A court can grant a divorce on listed grounds or for another serious reason that makes the marriage difficult to maintain. Family court cases usually begin with mediation, and many end with a court mediation record or settlement.
Taiwan’s divorce law is changing. In 2023 the Constitutional Court found that the rule preventing a spouse wholly at fault from seeking divorce for a serious reason was partly unconstitutional. As at April 2026, a proposal to allow divorce after a defined period of separation was still being considered by the legislature. Check the current position before relying on it.
Australia or Taiwan: which court?
The two systems divide property differently.
- Taiwan. Under the statutory property regime, when a marriage ends each spouse’s remaining marital property acquired during the marriage is compared, and the spouse with less can claim half the difference. Property acquired by inheritance or gift is excluded. Couples can choose a different regime by agreement, before or during the marriage.
- Australia. There is no equalisation formula. The court considers all property, including pre-marital, inherited and gifted assets, then weighs each party’s financial and non-financial contributions and future needs.
Where one spouse holds substantial inherited or family-gifted wealth, these differences can matter greatly. Factors in choosing a forum include where the children live, where the assets are, enforceability and cost. An Australian court will only decline to hear a case if Australia is a clearly inappropriate forum.
Property in Australia and Taiwan
An Australian court considers all property and debts of both spouses in any country, including:
- houses, apartments and land in Taiwan;
- shares in Taiwanese companies and family businesses;
- Taiwan bank accounts, insurance policies and investments;
- Taiwan labour pension entitlements, which are not Australian superannuation;
- property held for a spouse in a relative’s name.
Each party must fully disclose their finances, including assets in Taiwan. Since 10 June 2025, the Family Law Act sets out the property framework directly, including the economic effect of family violence and children’s housing needs.
An Australian court cannot change title to land in Taiwan. It can order a spouse to transfer or sell it, or adjust what each spouse receives from Australian assets. If the order needs to be enforced in Taiwan, a Taiwan court must first grant an enforcement judgment. Taiwanese courts recognise foreign judgments if conditions such as jurisdiction, proper service, public policy and reciprocity are met. That process can take months or longer, so settlement terms should be designed to work without it where possible.
Registering an Australian divorce in Taiwan
A Taiwanese spouse who divorces in Australia should register the divorce in Taiwan. Without registration, the household register will still show the person as married, which causes problems with remarriage, inheritance and property dealings.
The usual steps are:
- Obtain the Australian divorce order once it takes effect.
- Have the order and a Chinese translation authenticated for use in Taiwan. Because Taiwan is not part of the Apostille Convention, this generally involves an Australian notary public, the Department of Foreign Affairs and Trade, and then a Taipei Economic and Cultural Office in Australia.
- Lodge the documents at the household registration office for the current or last registered address. One spouse can usually do this alone.
Our firm’s notary public prepares documents for use in Taiwan regularly. See our guide to authenticating Australian documents for Taiwan.
Children
In Australia, parenting decisions are made in the child’s best interests. There has been no presumption of equal shared parental responsibility since May 2024. Taiwan also decides custody based on the child’s best interests.
The risk of a child being taken to Taiwan
Taiwan is not a party to the Hague Child Abduction Convention. If a child is taken to Taiwan without consent, there is no Convention process for return, and an Australian parenting order may not be enforced there. The left-behind parent may need to bring fresh proceedings in Taiwan.
Prevention is therefore critical. An Australian court can:
- order that a child be placed on the Family Law Watchlist, alerting the Australian Federal Police at international airports and seaports;
- order that passports, including Taiwan passports, be surrendered;
- restrain a parent from taking the child overseas.
A Child Alert Request asks DFAT not to issue an Australian passport for the child. If you are concerned, act early: these orders can be sought urgently.
Relocating to Taiwan with a child
A parent who wants to move with a child to Taiwan needs the other parent’s agreement or a court order. Because a return cannot be enforced through the Convention, courts consider carefully how the child’s relationship with the parent in Australia will be protected. Mirror orders or agreements in both places may help.
Child support
Taiwan is not a reciprocating jurisdiction for child support. Services Australia generally cannot assess or collect child support against a parent living in Taiwan. Settlement terms such as lump-sum child support, or security over Australian assets, become important.
Prenuptial and financial agreements
Taiwanese spouses can choose a marital property regime by agreement before or during marriage, and register it with the court to bind third parties. That agreement is not an Australian binding financial agreement unless it meets Australian requirements, including independent legal advice for each party. For couples with assets in both places, coordinated agreements are recommended. See our article on binding financial agreements for Taiwanese families.
Resolving it by agreement
Many Taiwan–Australia separations are resolved through negotiation and mediation in Mandarin, online. Agreements can be made into Australian consent orders, with mirror terms or court mediation records in Taiwan so both places give effect to the same outcome.
Frequently asked questions
We married in Taiwan. Can we divorce in Australia? Yes, if one of you meets the Australian requirements. Register the divorce in Taiwan afterwards.
Does an Australian divorce automatically update my Taiwan household registration? No. You must authenticate the order and lodge it at a household registration office.
Can an Australian court divide land in Taiwan? It includes the land’s value and can order your spouse to transfer or sell it, or adjust Australian assets. Enforcing in Taiwan requires a Taiwan court judgment.
Will Taiwan’s remaining-property claim apply if we divorce in Australia? An Australian court applies Australian law to property. Taiwan’s rules matter mainly if proceedings are brought in Taiwan.
My spouse wants to take our child to Taiwan for the summer. Should I worry? Taiwan is outside the Hague Convention. If you are concerned the child will not return, seek orders before travel.
Can I get child support from a parent in Taiwan? Not through Services Australia. Consider court orders and settlement terms instead.
How we help
Chua Tan Associates handles many Taiwan-related legal matters in Australia and advises in Mandarin and English. Our firm’s notary public prepares documents for Taiwan’s household registration, land and banking authorities. We work with Taiwan lawyers where steps are needed in Taiwan.
Our principal, Justin Chua, is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and family law arbitrator. We help with:
- divorce in Australia after a Taiwan marriage, and registration in Taiwan;
- property settlements involving Taiwan assets and family companies;
- urgent orders to prevent a child being taken overseas;
- relocation between Taiwan and Australia;
- financial agreements for couples with assets in both places.
The initial consultation is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal advice. Taiwan law points are a general overview; advice from a Taiwan lawyer may be needed for steps in Taiwan.
Official sources
Cross-border separation guides for other countries
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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