Family Act Article 57
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 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.
中文原文 家事事件法第57條
有關婚姻關係之訴訟，經判決確定後，當事人不得援以前依請求之合併、變更、追加或反請求所得主張之事實，就同一婚姻關係，提起獨立之訴。
但有下列各款情形之一者，不在此限：
一、因法院未闡明致未為主張。
二、經法院闡明，因不可歸責於當事人之事由而未為主張。
但有下列各款情形之一者，不在此限：
一、因法院未闡明致未為主張。
二、經法院闡明，因不可歸責於當事人之事由而未為主張。