Family Act Article 40

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 the outcome of a family-matter litigation concerning matters belonging to Category A or Category B in accordance with Article 3 will involve an interest of a legal nature on part of a third party, the court shall, at a reasonable time prior to the conclusion of the oral argument proceedings for the first or second instance, serve such third parties known to the court with a written notice to inform them of the existence of the action concerned and the phase such an action is in; when the judgment is made, the court shall serve such third parties with a copy of the written judgment.In the course of investigating whether there exists an interested party as provided in the preceding paragraph, the court, when necessary, may order the parties to provide relevant information or take other necessary measures.The provisions in Article 56 of the Code of Civil Procedure shall apply, mutatis mutandis, to circumstances in which a third party served in accordance with Paragraph 1 of this Article intervenes in the action in accordance with Article 58 of the Code of Civil Procedure.Where the court of the instance exclusively for legal scrutiny considers it necessary to attempt a settlement, the court may, in accordance with Article 377 of the Code of Civil Procedure, instruct the interested third parties to participate in the settlement proceedings.
中文原文 家事事件法第40條
第三條所定甲類或乙類家事訴訟之結果,於第三人有法律上利害關係者,法院應於事實審言詞辯論終結前相當時期,將訴訟事件及進行程度,以書面通知已知悉之該第三人,並將判決書送達之。
法院為調查有無前項利害關係人,於必要時,得命當事人提出有關資料或為其他必要之處分。
第一項受通知人依民事訴訟法第五十八條規定參加訴訟者,準用同法第五十六條之規定。
法律審認有試行和解之必要時,亦得依民事訴訟法第三百七十七條規定,通知有利害關係之第三人參加和解。

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