I plan to get married this year with my Taiwanese girlfriend.
I bought an apartment in my home country (France) that I am currently paying for with a mortgage and a rent income.
She bought an apartment in Taiwan, and she has a mortgage as well. We are currently living in her apartment, and I am paying her a monthly rent to support her.
In case of a divorce, as our respective incomes (salary+rent) will be used to pay for my mortgage, will the properties, or at least the value of the mortgage left to be paid be considered part of our marriage ?
According to the Articles 1017 and 1030 below, it is my understanding that it is the case, except if we agree to the following:
If your marriage ends both of your assets and liabilites(in this case the properties and FR and TW, and the mortgages in FR and TW) will be added up, and the net assets divided 50/50.
But, the above is not how it works in real life. In real life in Taiwan the party who wants the divorce will have to pay up far more than 50% to his or her soon to be ex because unless both parties consent to the divorce it is close to impossible to get a divorce.
Regarding the net assets 50/50 it is clearer.
I guess that in this case, it is safer to consider Article 1041 although your answer seems to imply that it will not make no difference.
Regarding the “real life”, I understand this is how it works in case of a contentious split-up.
I would still like to consider a prenup agreement, although I have read that it is not generally considered, to be valid in FR and TW.
Any contact or advice in this respect is welcomed.
To be entirely honest, I hope that I will be happily married ever after. But having made the choice of marrying somebody of a different nationality, and with the mess that international family law is, I believe it’s normal to have to plan more carefully such a life-changing decision as wedding.
Due to my family history, I know how hard it can be to find a consensus during a divorce and the significant wisdom it takes to do so.
