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.