Family Act Article 101

This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.

Where, during the litigation proceedings relating to the substantive claims, the applicant and the opposing party have reached a settlement with regard to matters provided in Article 98 or other matters subject to the parties’ own disposition, the settlement shall have the same effect as a binding judgment upon being recorded in the settlement transcript.The applicant and the opposing party may not, in accordance with the preceding paragraph, reach a settlement with regard to matters that, though subject to the parties’ own disposition, are nonetheless not covered under the subject matters of the proceedings, unless filing a petition for amending or adding to the original claim, or for initiating a counter-claim.Where the applicant and the opposing party have reached an agreement with regard to matters other than those provided in the preceding two paragraphs, the court shall, after considering the content of such an agreement, enter an appropriate judgment.Where there are grounds for nullifying or revoking a settlement provided in Paragraphs 1 or 2 of this Article, the applicant or the opposing party may move for continuing the proceedings of the original action, to which Article 380, Paragraph 3 of the Code of Civil Procedure shall, mutatis mutandis, apply.A third party whose legal interest has been adversely affected by a settlement provided in Paragraphs 1 or 2 of this Article may move for revoking or amending the parts that so adversely affected his or her legal interest, to which provisions in Part V-I of the Code of Civil Procedure relating to third-party opposition proceeding shall, mutatis mutandis, apply.
中文原文 家事事件法第101條
本案程序進行中,聲請人與相對人就第九十八條之事件或夫妻間其他得處分之事項成立和解者,於作成和解筆錄時,發生與本案確定裁判同一之效力。
聲請人與相對人就程序標的以外得處分之事項成立前項和解者,非經為請求之變更、追加或反請求,不得為之。
就前二項以外之事項經聲請人與相對人合意者,法院應斟酌其內容為適當之裁判。
第一項及第二項之和解有無效或得撤銷之原因者,聲請人或相對人得請求依原程序繼續審理,並準用民事訴訟法第三百八十條第三項之規定。
因第一項或第二項和解受法律上不利影響之第三人,得請求依原程序撤銷或變更和解對其不利部分,並準用民事訴訟法第五編之一第三人撤銷訴訟程序之規定。

English translation for reference only; the Chinese text prevails. Not legal advice.