II. Information on Individual Articles of The Covenant

Article 23

Report on the " Draft of the Bill for partial Revision of the Civil Code" (Amendment to allow the Retention of Separate Family Names for Spouses, Improvement of Regulations on the Grounds of Divorce)

Starting in 1991 and lasting over a five year period, the Legislative Council, an advisory body to the Minister of Justice, has undertaken a review of regulations pertaining to marriage and divorce, etc., in the Civil Code. The Council adopted the " Draft of the Bill for partial Revision of the Civil Code" and reported to the Minister in February 1996.

The report, taking into consideration that approximately half a century has already elapsed since 1947, when the regulations of the Civil Code concerning marriage and divorce currently in force were revised comprehensively, and also taking into account that during that period the interim changes have occurred in the social situation as well as in public consciousness on marriage and divorce, suggests the revisions of major items pertaining to laws governing marriage and divorce as follows:

(a) Under the current law, the eligible age for marriage is 18 for males and 16 for females. Under the revisions, the age is to be 18 for both males and females.

(b) Under the current law, a female is prohibited from remarrying during six months, starting from the date of the dissolution or annulment of the previous marriage. Under the revisions, this period is to be shortened to 100 days, the minimum period required to avoid overlapping in presumption of legitimacy.

(c) In the matter of family names assumed by married couples, under the current law, a couple shall, upon agreement at the time of marriage, assume the family name of either the husband or the wife. Under the revisions, a couple may, upon agreement at the time of marriage, either assume the family name of the husband or the wife, or separately retain the family names they had prior to their marriage.

(d) Matters necessary for child custody, such as meetings and communication between a child and a parent of no custody, and the sharing of the costs of child custody shall be clarified at the time of divorce.

(e) Objectives and circumstances to be considered concerning the distribution of matrimonial property at the time of divorce shall be clarified.

(f) It shall be clarified that irretrievable breakdown of a marital relationship is a ground of judicial divorce.