With regard to matters concerning determination of the invalidity of a marriage, annulment of a marriage, divorce, or determination of the existence or non-existence of a marriage, the jurisdiction to hear the proceedings exclusively belongs to the courts listed in the following:
1. the court for the place of the domicile of the husband and wife;
2. the court for the place of the joint habitual residence of the husband and wife; or
3. the court for the place of the habitual residence of the husband or the wife from whom the transactions or occurrences that gives rise to the claim take place.
Notwithstanding the provisions in the preceding paragraph, the parties may, by a written agreement, agree on the court that shall hear the proceedings.
Where either the husband or the wife has died with regard to the matters provided in Paragraph 1 of this Article, the proceedings shall exclusively be heard by the court for the place of the domicile of the deceased party at the time of his or her death.
Where the court that shall hear the proceedings cannot be determined in accordance with Paragraphs 1 to 3 of this Article, the proceedings shall be heard by the court for the place of the domicile or the residence of the defendant. Where the court for the place of the domicile or the residence of the defendant cannot be determined, the proceedings shall be heard by the court for the seat of the central government.

Courts of the Republic of China (R.O.C.) shall have jurisdiction to hear proceedings of marriage matters in one of the following circumstances:
1. where either the husband or the wife is an R.O.C. national;
2. where neither the husband nor the wife is an R.O.C. national but they have a domicile or have joint residence within the territory of the R.O.C. for a duration of more than one year;
3. where either the husband or the wife is a stateless person but has habitual residence within the territory of the R.O.C.;
4. where either the husband or the wife has habitual residence within the territory of the R.O.C. for a duration of more than one year. Nonetheless, the foregoing provision does not apply to circumstances where a decision made by the court of the R.O.C. is manifestly likely to be unrecognized in the jurisdictions to which either the husband or the wife belongs.
The provisions in the preceding paragraph do not apply to circumstances where it is manifest that the defendant will have difficulties in appearing before a court in the R.O.C.

When commencing proceedings on matters concerning the determination of the invalidity of a marriage or concerning the existence or non-existence of a marriage relation in accordance with Article 39, the court shall, on its own initiative, notify other parties to the marriage in question who have not been listed as parties to the proceeding to facilitate their intervention thereto; to such a circumstance, provisions in Article 40 shall apply.

Where either the husband or the wife involving in a marriage matter is a person who is subject to an order of the commencement of guardianship, except in the circumstances provided in Article 14, Paragraph 3, the acts of litigation for such a party shall be performed by the guardians on his or her behalf; to such a circumstance, provisions in Articles 15 and 16 shall apply.
Where a guardian initiates an action that might prejudice the interests of a person who is subject to an order of the commencement of guardianship, the court shall, by a ruling, dismiss the action.

Where a petition for amending or adding to the original claim, or for initiating a counter-claim may be made in accordance with Article 41, Paragraph 2 with regard to matters concerning determination of the invalidity of a marriage, annulment of a marriage, divorce, or determination of the existence or non-existence of a marriage, such a matter may not be the subject-matter upon which a separate action is based. Where a separate action is nevertheless initiated, the court shall rule to transfer the case to be joined with the case that is already before a court of the first or second instance, in accordance with Paragraphs 2 to 5 of Article 6.

Where a final and binding judgment has been made on a litigation involving marriage matters, the parties may not initiate a separate action for the marriage thus covered on grounds that may be asserted in the joining-in, amending, adding to the original claim or in the counter-claim, except in the following circumstances:
1. where those grounds had not been asserted due to the lack of clarification from the bench;
2. where those grounds, although had been clarified from the bench, had nevertheless not been asserted due to reasons not imputable to the parties.

Provisions governing the admission of facts during the proceedings or the effects of the undisputed facts shall not apply with regard to the reasons and the facts that constitute the grounds for annulment of a marriage in such a litigation, or with regard to the reasons and the facts that constitute the grounds for alleging the invalidity of a marriage or the existence or non-existence of a marriage in such a litigation.

Where either the husband or the wife to a divorce proceeding has died prior to the time at which the judgment becomes final and binding, the pending action shall be deemed to be concluded. The foregoing shall likewise apply to an action for annulment of a marriage initiated by the husband or by the wife.

Where the plaintiff to an action for the annulment of a marriage has died prior to the time at which the judgment becomes final and binding, in addition to being notified in accordance with Article 40, the interested parties who were entitled to initiate the identical action may, within ten days of being aware of the decease of the plaintiff, move for the assumption of the action. Such an assumption of the action may not be made after thirty day from the decease of the plaintiff.