Marriage and divorce

8. Rights and duties of husband and wife

The Marriage Law provides that husband and wife shall have equal status in the family, and they enjoy equal personal right and property right, which specifically include: (1) Both husband and wife shall have the right to use his or her own surname and given name; (2) Both husband and wife shall have the freedom to engage in production and other work, to study and to participate in social activities; neither party may restrict or interfere with the other party; (3) Husband and wife shall enjoy equal rights in the disposition of their jointly owned property; and (4) Husband and wife shall have the right to inherit each other's property. Husband and wife shall have the equal right to inherit each other's property and, as spouses, acquire the ownership of estate as the statutory heirs first in order.

Both the husband and wife enjoy rights in the family, and at the same time, they also bear corresponding duties, which specifically include: (1) Both husband and wife shall have the duty to practice family planning; and (2) Husband and wife shall have the duty to maintain each other intending to maintain the stability of the marital relations. If one party fails to perform this duty, the party in need of maintenance shall have the right to demand maintenance payments from the other party.

[Note] The husband or wife shall enjoy equal right in the disposition of their jointly owned property. Either party shall have the right to decide to dispose of their jointly owned property due to daily needs. Where the husband or wife makes decisions on the material disposition of jointly owned property not due to daily needs, both parties are to negotiate and reach consensus. Where others have reason to believe that the disposition made by the husband or the wife is based on the common expression of the intent of both parties, the other spouse may not, on the ground that he or she did not agree or had no knowledge, make a defense against a third party acting in good faith.