Can inmates get married while incarcerated?

1. According to Article 982 of the Civil Code amended on May 23, 2007, a marriage shall be effected by registration. Thus, a marriage shall be effected in writing, with the signatures of at least two witnesses, and by registration at a household administration office. So a wedding ceremony in prison is not necessary.
2. To improve the marriage system for inmates, an inmate who intends to get married can submit a report and a photocopy of National ID Card of the couples to the correctional facility. After approving the application, the facility will notify inmate’s family members (parents), and assist the household administration office to complete the relevant formalities.
3. Application: If an inmate is unable to go to the household administration office in person to complete the marriage registration, the other half (not held at correctional facility) can bring relevant documents to the household administration office of his or her household registration to apply for marriage registration, or make a reservation for the date of marriage registration. The household administration office may send staff or ask the household administration office at where the correctional facility is located for assistance by sending staff to the correctional facility to verify the intent of the inmate (to get married) and bring back relevant documents for the registration of marriage (the marriage becomes valid as of the registration date).
4. Relevant documents required for marriage registration include marriage certificate (which notes where the marriage took place and the signatures or seals of at least two witnesses), and the household registry, National ID Card (resident permit or passport for foreigners), seals (or signatures), and color photo taken within the past year of the couples.

How to divorce a spouse who is incarcerated?

1. When husband or wife has been sentenced to more than six months imprisonment for crime, the other party may petition the court for divorce.
2. After an inmate and his or her spouse have agreed to get divorced, the inmate should write a formal report (signed by the prison official), stating the intent for divorce and apply for a certificate of imprisonment, and fill out a divorce agreement and a power of attorney. The inmate’s spouse can then take the aforementioned documents to the household administration office of household registration to carry out divorce registration.
3. The inmate’s spouse can also apply for divorce registration at the household administration office of household registration and explain that his or her wife (husband) is currently being incarcerated at a certain correctional facility. The household administration officer will then contact the household administration office at where the correctional facility is located and ask them to take care of the divorce formality. In addition, the household administration office will send an official letter to the correctional facility, asking for its assistance and for documents required for the divorce formality.