謙聖國際法律事務所

1. What Should You Do If You Discover Your Spouse Is Cheating in Taiwan?

Finding messages, photographs, hotel records, travel bookings, or other evidence suggesting that your spouse is having an affair can cause anger, anxiety, and confusion. However, your first actions may significantly affect any future divorce or civil compensation case.

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1.1 Stay Calm and Preserve the Existing Evidence

Before confronting your spouse, preserve evidence that you already lawfully possess or can legally access. Relevant evidence may later disappear, messages may be deleted, or accounts may become inaccessible once your spouse realizes that the affair has been discovered.

Take screenshots where appropriate, preserve original files, record relevant dates and circumstances, and securely back up documents or communications that may become important.

Do not alter screenshots or edit conversations in a way that could create questions about authenticity. In a Taiwan divorce or civil lawsuit, the context, source, integrity, and method by which evidence was obtained can all become important.

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1.2 Avoid Actions That Could Create Legal Problems

Discovering an affair does not give you unlimited authority to investigate your spouse or the third party. Entering private premises without permission, secretly installing surveillance equipment, hacking passwords, unlawfully accessing accounts, or using other invasive methods may expose you to separate civil or criminal liability.

Similarly, publicly posting the names, photographs, workplace information, or accusations concerning your spouse or the third party can create additional disputes involving privacy, reputation, or criminal defamation.

➟The safest approach is to preserve what you already have and consult a Taiwan lawyer before attempting to obtain additional evidence.

 

2. Is Adultery Illegal in Taiwan?

One of the most common questions from foreigners is: “Is cheating on your spouse a crime in Taiwan?”The answer today is no. Adultery is no longer a criminal offense in Taiwan.

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2.1 Adultery Was Decriminalized in Taiwan in 2020

On May 29, 2020, Taiwan’s Constitutional Court issued J.Y. Interpretation No. 791, declaring the former criminal adultery provision unconstitutional. As a result, adultery can no longer be prosecuted as a criminal offense merely because a married person engages in consensual sexual relations outside the marriage.

Therefore, if your spouse is having an affair, you generally cannot file a criminal adultery complaint against your spouse or the third party simply on the basis of the affair.

⚠️However, decriminalization does not mean that an affair has no legal consequences.

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2.2 An Affair Can Still Have Civil Legal Consequences

Taiwan’s Civil Code protects certain legally recognized interests arising from family and spousal relationships. Under Article 195 of Taiwan’s Civil Code, where a person unlawfully infringes another person’s legally protected interest arising from the spousal relationship and the circumstances are sufficiently serious, the injured spouse may seek compensation for non-pecuniary damage.

In practice, courts examine the actual conduct rather than simply asking whether someone was “cheating.” Sexual relations, intimate physical contact, highly intimate communications, repeated overnight stays, joint travel, and other conduct exceeding normal social interaction may all become relevant depending on the circumstances.

 

3. Can You Sue Your Spouse or the Third Party for an Affair in Taiwan?

➥Potentially, yes.

Depending on the facts, an affair may support a civil claim for damages in Taiwan. However, compensation is not automatic merely because your spouse communicated with or developed feelings for another person.

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3.1 Civil Compensation for Infringement of Spousal Relationship Interests

Articles 184 and 195 of Taiwan’s Civil Code provide the principal legal framework for tort liability and compensation for serious infringement of legally protected personal or family-status interests.

If the conduct of your spouse and/or a third party seriously interferes with the legally protected interests arising from your marital relationship, a civil damages claim may be possible.

Whether the spouse, the third party, or both may bear liability depends on the evidence and specific circumstances. In cases involving the third party, issues such as whether that person knew or reasonably should have known that your spouse was married can also become important.

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3.2 Does Every Affair Automatically Result in Compensation?

➥No.

A friendship, ordinary conversation, occasional social contact, or ambiguous interaction does not automatically create civil liability. Courts generally evaluate the nature, frequency, duration, and intimacy of the relationship and whether the conduct was sufficiently serious to constitute an unlawful infringement of the marital relationship.

Importantly, proof of sexual intercourse is not necessarily the only type of evidence that may be relevant to a civil damages claim. Conduct that substantially exceeds normal social boundaries may also be evaluated as part of the overall circumstances.

➟The strength of the claim therefore depends heavily on the quality of the evidence rather than on the label “affair” alone.

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3.3 How Long Do You Have to File a Civil Claim?

Time limits are important.

Under Article 197 of Taiwan’s Civil Code, a tort damages claim is generally subject to a two-year limitation period from the time the claimant becomes aware of both the damage and the person responsible. There is also generally a ten-year limitation period running from the occurrence of the tortious act.

⚠️Because the calculation can depend on the specific facts and timing of each alleged act, anyone considering a civil claim involving an affair should seek legal advice as early as possible rather than waiting until divorce negotiations are complete.

 

4. Can an Affair Be Grounds for Divorce in Taiwan?

Yes. An extramarital relationship may provide legal grounds for a judicial divorce in Taiwan, although the applicable ground will depend on what can actually be proven.

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4.1 Sexual Relations Outside Marriage as Grounds for Divorce

Article 1052 of Taiwan’s Civil Code expressly provides that when one spouse has consensual sexual intercourse with a person other than his or her spouse, the other spouse may petition the court for divorce.

This means that if your spouse refuses to agree to a divorce, evidence establishing consensual sexual intercourse outside the marriage may support a contested divorce proceeding in Taiwan.

➟Taiwan also permits divorce by mutual consent. A consensual divorce must satisfy the legal formalities, including a written agreement, signatures of at least two witnesses, and divorce registration with the household registration authority.

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4.2 What If There Is No Proof of Sexual Intercourse?

An affair does not always leave direct evidence of sexual intercourse.

If there is evidence of an intimate relationship but insufficient proof to establish consensual sexual intercourse, the circumstances may still be relevant under Article 1052 of Taiwan’s Civil Code concerning a serious event that makes it difficult to maintain the marriage.

Whether that ground is available depends on the overall breakdown of the marriage, responsibility for that breakdown, and the specific circumstances of the case.

💡Therefore, you should not assume that a divorce case is impossible simply because you do not have photographs or direct proof of sexual intercourse.

 

5. What Evidence Should You Collect in a Taiwan Affair or Divorce Case?

Evidence is often one of the most important parts of a Taiwan affair, divorce, or civil compensation case. However, more evidence is not always better. Evidence must be relevant, credible, and collected in a legally appropriate manner.

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5.1 Common Types of Evidence

Depending on the case, useful evidence may include:

• LINE, WhatsApp, Messenger, Instagram, WeChat, SMS, or other chat records showing intimate communications or admissions.

• Emails demonstrating a romantic or sexual relationship.

• Photographs or videos lawfully obtained in public or otherwise legally accessible circumstances.

• Hotel reservations or receipts.

• Flight tickets, travel bookings, or accommodation records indicating joint trips.

• Credit card statements or financial records that you are legally entitled to access.

• Written admissions or statements concerning the relationship.

• Audio recordings that were obtained lawfully and whose admissibility can be properly explained.

No single piece of evidence necessarily determines the outcome. Courts may evaluate multiple pieces of evidence together to determine the nature of the relationship.

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5.2 How to Preserve Digital Evidence

Digital evidence can easily be deleted, edited, or taken out of context. When preserving chat messages or other electronic records, try to retain information that helps establish authenticity, including account names, dates, timestamps, surrounding conversations, and the source of the records.

Where possible, retain the original device or original electronic files instead of relying only on cropped screenshots.

➟A lawyer can review the material and determine which evidence is relevant before it is submitted in court.

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5.3 Why Evidence Must Be Collected Legally

A strong divorce or civil compensation claim can be weakened if evidence was obtained through illegal conduct.

Do not assume that being married gives you unrestricted access to your spouse’s private communications, accounts, devices, or private spaces. Taiwan law separately protects privacy, communications, property, and other legal interests.

Before hiring an investigator, installing a recording device, entering a hotel room or private residence, accessing a password-protected account, or using location-tracking technology, obtain legal advice regarding the potential risks.

 

6. What Should You Avoid Doing After Discovering an Affair?

The period immediately after discovering infidelity is when people are most likely to make decisions based on anger. Some of those decisions can turn a family dispute into a separate civil or criminal case.

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6.1 Do Not Hack Phones, Accounts, or Private Devices

Do not guess passwords, bypass security systems, install spyware, or unlawfully access your spouse’s or the third party’s private accounts.Even if the information obtained proves an affair, the method used to obtain it can create additional legal exposure.

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6.2 Be Careful About Secret Recordings and Private Spaces

Recording laws and privacy issues are highly fact-specific. The legality of a recording may depend on who participated in the conversation, where the recording occurred, how the recording was made, and what privacy expectations existed.

⚠️Do not assume that every secret recording is legal merely because it may help your divorce case.

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6.3 Do Not Publicly Shame Your Spouse or the Third Party

Posting accusations on Facebook, Instagram, Threads, LINE groups, workplace forums, or other online platforms may feel like a way to expose wrongdoing, but it can create serious legal risks.

The fact that an allegation may be true does not automatically eliminate every possible issue involving defamation, privacy, personal data, or other legal rights under Taiwanese law.

➟Preserve the evidence for negotiations or court proceedings instead of turning the dispute into a public campaign.

 

7. What Other Issues Should You Consider Before Filing for Divorce?

An affair may trigger the divorce, but the affair itself is often only one part of the legal problem. Before deciding whether to negotiate or litigate, you should understand the financial and family consequences of divorce.

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7.1 Marital Property and Financial Records

Before signing a divorce agreement, determine what assets, debts, investments, bank accounts, real estate, insurance policies, business interests, and other property may be relevant.

Taiwan’s marital property rules can affect the financial consequences of divorce, and international couples may face additional questions involving overseas property or assets located in multiple jurisdictions.

🚨Do not sign away financial rights simply because you want the divorce completed quickly.

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7.2 Child Custody and Parental Rights

If you have minor children, divorce may also involve parental rights and responsibilities, residence arrangements, visitation, child support, and other decisions affecting the children.

An affair does not automatically determine who will receive parental rights or custody-related arrangements. Taiwan courts focus on the best interests of the child and evaluate the overall circumstances.

➟For international families, additional concerns may arise regarding passports, relocation, overseas travel, residence status, and whether one parent intends to take the child outside Taiwan.

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7.3 Settlement Negotiations and Divorce Agreements

Not every affair case needs to end in prolonged litigation.

Depending on the circumstances, the parties may negotiate issues including divorce, compensation, property arrangements, child-related matters, and future contact.

➟However, once an agreement is signed, reversing an unfavorable provision can be difficult. A lawyer should review the terms before you sign, particularly if the agreement involves substantial assets, children, international property, or a waiver of future legal claims.

 

8. Why Foreigners and Expats Should Consult a Taiwan Family Lawyer Early

Foreigners dealing with an affair or divorce in Taiwan may face issues that Taiwanese couples do not necessarily encounter.

The first question may be whether Taiwanese law applies at all. Depending on nationality, habitual residence, where the marriage was registered, where the parties live, and other cross-border factors, questions involving jurisdiction and applicable law may need to be examined before filing a lawsuit.

Language can also become a major issue. Court documents, evidence, mediation proceedings, household registration procedures, and legal negotiations may primarily take place in Chinese.An experienced Taiwan family lawyer can help determine which claims are realistically available, which evidence should be preserved, what evidence should not be obtained, and whether negotiation or litigation is the more appropriate strategy.

Seeking advice early is especially important before confronting the other party, moving out of the marital home, relocating a child, signing a divorce agreement, transferring property, or making public accusations.

 

9. How Chensheng International Law Firm Can Help

Chensheng International Law Firm assists clients with family disputes, divorce litigation, civil compensation claims, evidence evaluation, and related legal matters in Taiwan.

For foreign residents, expats, and international families, communication is particularly important. Our legal team can provide English-language communication to help clients understand Taiwan’s legal procedures, available options, potential risks, and litigation strategy.

Our assistance may include reviewing evidence of an affair, evaluating potential civil compensation claims, advising on contested or consensual divorce, negotiating divorce settlements, analyzing marital property issues, addressing child-related disputes, and representing clients in Taiwan court proceedings.Family disputes involve highly personal information. We handle consultations and case strategies with appropriate confidentiality and professional care.

If you have discovered or suspect that your spouse is having an affair in Taiwan, obtaining legal advice before taking further action can help preserve both your evidence and your legal position.

 

10. Frequently Asked Questions About Affairs and Divorce in Taiwan

No. Taiwan’s Constitutional Court declared the former criminal adultery provision unconstitutional in J.Y. Interpretation No. 791 on May 29, 2020. Adultery itself is therefore no longer prosecuted as a criminal offense.

However, an affair may still have civil consequences and may also be relevant to divorce proceedings.

Possibly. Under Articles 184 and 195 of Taiwan’s Civil Code, depending on the circumstances, conduct that seriously and unlawfully infringes legally protected interests arising from your spousal relationship may support a civil damages claim.

Whether a third party is liable depends on factors including what occurred, the seriousness of the conduct, the available evidence, and whether the third party knew or should have known about the marriage.

It depends on what legal claim you are pursuing.

Consensual sexual intercourse with someone other than a spouse is expressly listed as a ground for judicial divorce under Article 1052 of Taiwan’s Civil Code. For a civil damages claim involving serious infringement of the spousal relationship, however, the court may consider the overall nature and seriousness of the conduct rather than focusing exclusively on direct proof of sexual intercourse.

They may be useful evidence, but whether they are sufficient depends on their content, context, authenticity, and the legal claim being made.A series of highly intimate conversations combined with hotel records, photographs, travel records, admissions, or other evidence may create a stronger evidentiary picture than isolated messages.

You should be extremely cautious. Marriage does not automatically give one spouse unrestricted legal authority to access the other spouse’s password-protected accounts, devices, or private communications.

Before attempting to obtain private digital information, consult a lawyer about the legality and potential consequences.

The legality and usefulness of a recording depend on the circumstances, including how and where it was made and whether privacy or other legal protections were violated.

➟Because evidence-gathering methods can themselves create legal problems, obtain advice before deliberately making secret recordings.

Doing so can create unnecessary legal risk. Publicly identifying or accusing your spouse or the third party may lead to disputes involving defamation, privacy, or other rights.

Evidence intended for a legal case should generally be preserved for your lawyer, negotiations, mediation, or court rather than published online.

Potentially, yes. Article 1052 of Taiwan’s Civil Code allows a spouse to petition the court for a judicial divorce when statutory grounds are established. Consensual sexual intercourse with another person is expressly included, and other serious circumstances making the marriage difficult to maintain may also be relevant.

No. An affair does not automatically determine parental rights or custody arrangements. Courts generally focus on the best interests of the child and consider the broader parenting and family circumstances.

It may be possible, but international marriages can raise additional issues involving jurisdiction, applicable law, nationality, residence, marriage registration, overseas property, and children.

➟Your circumstances should be reviewed individually before determining where and how to file.

 

11. Conclusion: Protect Your Evidence and Legal Rights Before Taking Action

If you discover that your spouse is cheating in Taiwan, the most important first step is not retaliation—it is protecting your legal position.

Adultery is no longer a criminal offense in Taiwan, but an extramarital relationship can still have significant consequences under Taiwan civil and family law. Under Articles 184 and 195 of Taiwan’s Civil Code, serious infringement of legally protected interests arising from a spousal relationship may potentially lead to civil compensation. An affair may also become relevant to judicial divorce under Article 1052 of Taiwan’s Civil Code.

At the same time, evidence must be handled carefully. Hacking accounts, invading private spaces, improperly recording private activities, or publicly exposing the people involved can create new legal problems and weaken your overall position.Before confronting your spouse, signing a divorce agreement, transferring property, or taking action against the third party, consider consulting an experienced Taiwan family and divorce lawyer.

 

🧑🏻‍⚖️Chensheng International Law Firm provides legal assistance for divorce, affair-related civil disputes, marital property matters, child-related disputes, and other family law matters in Taiwan, including English-language assistance for foreigners and expats.Early legal advice can help you understand your options, preserve important evidence, avoid unnecessary risks, and make informed decisions about your marriage and your future.

 

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