外籍與大陸配偶離婚因素探討研究計畫案
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Date
2013/01/01-2013/12/31
Authors
潘淑滿
盧惠芬
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Abstract
婚姻移民是二十世紀後期以來全球普遍現象。過去二十多年來，我國無論是人口或家庭結構，明顯受到跨國婚姻發展趨勢的影響。國外有關異族通婚的研究指出，因為文化、生活習俗和權力差異，異族婚姻關係離婚率往往高於非異族婚姻關係。國內研究也有類似發現。根據「內政部」統計資料顯示，過去十年我國離婚率並無明顯變化，但跨國聯姻離婚率卻明顯上升，2001年與非本國籍配偶離婚的人數為6,448人，到了2011年卻增加到12,972人，成長一倍；換句話說，每四對離婚登記對偶，就有一對是跨國婚姻對偶。 根據我國移民法規，外籍與大陸配偶在取得身分證前，若因離婚而致居留原因消失，若能取得在台已設有戶籍未成年親生子女監護權，或因遭受家庭暴力經法院判決離婚且在台設戶籍之未成年親生子女，方能繼續在台居留，否則必須離開臺灣。有些學者指出，跨國婚姻關係不良，導致外籍與大陸配偶取得身分證之後，往往選擇與臺灣配偶離婚。然而，實務上卻發現「取得身分證」並非婚姻移民選擇離婚的唯一考量，在不同居留身分階段，外籍與大陸配偶也可能選擇離婚。也有外籍配偶並非主動選擇離婚，而是被迫離異。 本研究主要是採取多元測定方式，結合量化的問卷訪談調查方式和質性研究的深度訪談法與焦點團體訪談法，探討外籍與大陸配偶選擇離婚的原因，及離婚後留在台灣的生活經驗與處境。除此之外，本研究亦透過焦點團體訪談法，探討現行「外配輔導措施」、資源網絡、相關政策與制度之不足，並提出未來相關政策、資源網絡、和實務方案之參考。 本研究目的有下列幾項： (一)瞭解目前有關外籍與大陸配偶離婚相關問題之文獻。 (二)瞭解外籍與大陸配偶離婚之因素，並分析「身分階段」與「離婚」之間的樣態關係。 (三)瞭解外籍與大陸配偶離婚後在臺現況及權益需求。 (四)探討跨國婚姻解離，延伸單親新移民子女成長教養等相關問題。 (五)政府因應策略之建議。
Marriage migration has become a global phenomenon since the end of 20th century. Increasing marriage migration has become one of the prominent demographic features of Taiwan over the last twenty years. Studies in the west have shown that the divorce rate of interracial marriage is higher than non-interracial marriage because of culture, customs and power inequality. According to statistics (the Ministry of the Interior 2012), the number of transnational marriage couple that file for divorce in 2001 is 6,448, this number has increased to 12,972 in 2011. This means that each of the four couple file for divorce is transnational marriage. According to the immigration laws and regulations, if foreign and Chinese spouses file for divorce before obtaining their citizen status, they have to leave Taiwan. They can continue to live in Taiwan only when they obtain minor biological child custody or protection order due to domestic violence. Some researchers have demonstrated that foreign and Chinese spouses would file for divorce after obtaining their citizen status. Other studies have shown that citizen status would not be the only reason for file for divorce for most foreign and Chinese spouses. Divorce could happen in any stage of residency status. This study, based on a combination of qualitative in-depth interview and focusing group as well as quantitative face-to-face survey, investigates the factors influencing foreign and Chinese spouses who file for divorce in different stage of residency. Also, this study explores experiences faced by immigrant single families and by service providers. Therefore, the purposes of this study include: 1.Reviewing theoretical and empirical studies of transnational marriages and single families. 2.Understand the reasons influencing the choice of foreign and Chinese spouses who file for divorce in different residency status. 3.Explore the circumstance and need of foreign and Chinese spouses who file for divorce. 4.Investigate the circumstance and problem of transnational single families in their parenthood. 5.Provide suggestions regarding social welfare and immigration policies.
Marriage migration has become a global phenomenon since the end of 20th century. Increasing marriage migration has become one of the prominent demographic features of Taiwan over the last twenty years. Studies in the west have shown that the divorce rate of interracial marriage is higher than non-interracial marriage because of culture, customs and power inequality. According to statistics (the Ministry of the Interior 2012), the number of transnational marriage couple that file for divorce in 2001 is 6,448, this number has increased to 12,972 in 2011. This means that each of the four couple file for divorce is transnational marriage. According to the immigration laws and regulations, if foreign and Chinese spouses file for divorce before obtaining their citizen status, they have to leave Taiwan. They can continue to live in Taiwan only when they obtain minor biological child custody or protection order due to domestic violence. Some researchers have demonstrated that foreign and Chinese spouses would file for divorce after obtaining their citizen status. Other studies have shown that citizen status would not be the only reason for file for divorce for most foreign and Chinese spouses. Divorce could happen in any stage of residency status. This study, based on a combination of qualitative in-depth interview and focusing group as well as quantitative face-to-face survey, investigates the factors influencing foreign and Chinese spouses who file for divorce in different stage of residency. Also, this study explores experiences faced by immigrant single families and by service providers. Therefore, the purposes of this study include: 1.Reviewing theoretical and empirical studies of transnational marriages and single families. 2.Understand the reasons influencing the choice of foreign and Chinese spouses who file for divorce in different residency status. 3.Explore the circumstance and need of foreign and Chinese spouses who file for divorce. 4.Investigate the circumstance and problem of transnational single families in their parenthood. 5.Provide suggestions regarding social welfare and immigration policies.