I am American and my Taiwanese wife seems to want a divorce. She has expressed willingness to remain married until I can get an APRC (a bit more than two years to go.)
But one of her daughters is pressuring me to move out now, which I refused because I’m afraid of risking my immigration status. That daughter suggested I move to (and rent) a separate condo owned by my wife where she is also registered to live. The daughter claims this would qualify me to continue to claim we are married. (The separate condo is big and she wants $50,000 NT per month to rent it.)
I can pay the rent but I’m not sure that arrangement will protect me from the immigration service.
There are no valid grounds for a contested divorce from either side. She wants it and I don’t care to be where I’m not wanted. While I’m not poor, she has turned out to be far more wealthy than I am. (But wringing money out of her is pretty much not an option for personal reasons.)
The big question in my mind is this: is my status as ‘married’ protected if we are living in separate homes but she owns them both and is registered to live in both?
(The big place is a 4th floor walkup which is a bit of a hassle as I’m 70 years old but in good physical condition.)
[quote=“Joschka”]The big question in my mind is this: is my status as ‘married’ protected if we are living in separate homes but she owns them both and is registered to live in both?
(The big place is a 4th floor walkup which is a bit of a hassle as I’m 70 years old but in good physical condition.)
Thanks,[/quote]
Mate, NCS is the man to give the best advice on this. But from what I understand:
There’s no legal separation in Taiwan, so if you’re still on a JFRV waiting to get an APRC, that will make no difference either way.
She can’t force you to get divorced unless you do something stupid, like give her actual proof of adultery.
You can live anywhere you like and once you’ve gone through the next two years, you can get your APRC and get divorced.
Edit: Just one other thing. I hope you still have more than 2 years left before you JFRV needs to be renewed, because when you renew it you will need her ID Card. That’s the only thing she can withhold to make your life difficult before you get your APRC.
[quote=“bismarck”][quote=“Joschka”]The big question in my mind is this: is my status as ‘married’ protected if we are living in separate homes but she owns them both and is registered to live in both?
(The big place is a 4th floor walkup which is a bit of a hassle as I’m 70 years old but in good physical condition.)
Thanks,[/quote]
Mate, NCS is the man to give the best advice on this. But from what I understand:
There’s no legal separation in Taiwan, so if you’re still on a JFRV waiting to get an APRC, that will make no difference either way.
She can’t force you to get divorced unless you do something stupid, like give her actual proof of adultery.
You can live anywhere you like and once you’ve gone through the next two years, you can get your APRC and get divorced.
Edit: Just one other thing. I hope you still have more than 2 years left before you JFRV needs to be renewed, because when you renew it you will need her ID Card. That’s the only thing she can withhold to make your life difficult before you get your APRC.[/quote]
I would live where you want, and don’t feel obligated to rent from your wife. From your other thread, it sounds like your wife is trying to make you pay too much in rent (50k). As long as you’re married, I don’t think the cops will give you any problems about not living with her. Like Bismarck said above, you can’t really get divorced without consenting to it either, so you’ll be fine.
Regarding what Bismarck said about needing your wife’s ID to renew your JFRV, I don’t think that’s entirely accurate. I’ve only needed to give my wife’s ID number to the household registration worker in order to get the household registration printout. I used to borrow my wife’s ID just in case, but I don’t think it’s necessary, at least not in my experience. I just renewed my JFRV about 3 months ago, and I had no problems without my wife’s ID.
OK, I whitnessed a case, where the foreign husband needed the household registration so he could get a visitor visa, giving him enough time to get a resident visa.
We told the bureau of immigration that his wife had kicked him out, and refused to cooperate. Fairly direct and flat. They wrote wifey’s ID no down on a piece of paper, we took that the the household registration bureau, paid them NT$20 and got 2 copies.
As far as I know, if you are listed in them, you have a right to gain access to them. My ex wife tried to stop me, as she was afraid that I could see her address, I still got them.
Regarding applying for a JFRV, the bureau of immigration told us to do it from abroad, as the risk of getting called into an interview with an angry wife wanting a divorce decreases that way.
Possible. But the last time I renewed my JFRV before I got my TARC (Freeeeeeedooooooooooooooom!!!), I had to renew at the NIA offices in Fucian road Tainan, and they asked for her ID. Fortunately I had her cooperation.
I was hoping that someone could give me some advice on a divorce issue. I am Canadian, married to a Taiwanese. We broke up a year ago and are both still living overseas. We talked about it and decided that we would like to divorce. In Canada, this is time consuming (to fill in the paperwork and file it is about 3 months) and expensive (just court cost are $300 CAD). It sounds like it will be much easier and cheaper to get this done in Taiwan. Does anyone know if that will be possible? I was thinking about getting the paper work signed at the Taipei Quasi Embassy here in Toronto and sending it over. If not, I maybe coming back for a visit and could try to deal with it then, but I am hoping not to have to run into his family. Any thoughts?
In my experience, another big hurdle is proving that you have paid local Taiwan income taxes. Since in the majority of the situations in which I am aware, the taxes for the husband and wife are filed in the name of the Taiwan spouse, that means that any documentation regarding PROOF OF TAXES PAID (whether for the husband or the wife) must be applied for by the Taiwan spouse.
Obviously, if the husband and wife are not on speaking terms, that could be difficult.
To my knowledge, proof of local taxes paid is indeed one of the requirements for getting an APRC.
In my experience, another big hurdle is proving that you have paid local Taiwan income taxes. Since in the majority of the situations in which I am aware, the taxes for the husband and wife are filed in the name of the Taiwan spouse, that means that any documentation regarding PROOF OF TAXES PAID (whether for the husband or the wife) must be applied for by the Taiwan spouse.
Obviously, if the husband and wife are not on speaking terms, that could be difficult.
To my knowledge, proof of local taxes paid is indeed one of the requirements for getting an APRC.[/quote]
Interesting. Our taxes were filed under my name by my school (before I had the TARC and this year after I got it).
Maybe just my school.
[quote=“Hartzell”]
In my experience, another big hurdle is proving that you have paid local Taiwan income taxes. Since in the majority of the situations in which I am aware, the taxes for the husband and wife are filed in the name of the Taiwan spouse, that means that any documentation regarding PROOF OF TAXES PAID (whether for the husband or the wife) must be applied for by the Taiwan spouse.
Obviously, if the husband and wife are not on speaking terms, that could be difficult.
To my knowledge, proof of local taxes paid is indeed one of the requirements for getting an APRC.[/quote]
No longer the case. They changed this rule the very week I applied for my APRC in 2009 (and after all the effort I went through to obtain my proofs of payment…)
[quote=“Mr He”]If you file jointly, either party has the right to get the records. At least, such was the case in 2006.
It’s like household registry, if you are the foreign spouse and you are registered as such, you have a right to get them.[/quote]
That’s not true. When a couple files “jointly” one partner is listed as the primary taxpayer (納稅義務人), while the other is just the spouse. The Spouse has no legal recourse to obtaining any documentation from the tax office and effectively cedes such rights in perpetuity (directly translated from the tax code) to the so-called primary taxpayer. To apply for documentation from the tax office, the Spouse must have either the Primary Taxpayer present, or a power of attorney from him/her authorizing such application. Believe me, I went through a lot of grief on this issue.
It is only in the last couple of years that foreigners have been able to file taxes online as primary taxpayer, because the old software only recognized ROC ID numbers.
[quote=“dasaint”][quote=“Mr He”]I think you have to be here - also, you or at least one of you would have to be resident, but not sure.
I did mine at the household register, took 10 minutes, do not recall any fees, however some might have applied, but again not a whole lot.[/quote]
Can you get a divorce here in Taiwan if you are married elsewhere? This is marriage between a foreign bride and a taiwanese.[/quote]
I believe you can, if the marriage is registered here and she’s registered on her Taiwanese spouse’s Household Registration.
I am going through a divorce with my TWnese husband in HK as i am hknese, married for over 10 years, the hearing had been going on for over a year now since last year september and i have recieved a decree nisi lask month, but the husband had started taking divorce proceedings in TW which the hearing is schedule for sometimes this month, I have not recieved the petition from him. I think he is trying to outrun or over take the proceedings in HK since there are ancilary relief involved. And if he can get a divorce in TW first then there will be no marriage to disolve in HK But the fact that I have recieved the Decree Nisi, what shall I do??? shall i just ignore the proceedings in tw? what will happen if i didn’t attend since i didnt’ recieve any petition? Shall i write in to ask for stay? Please please please help!!!
The problem i am facing is the jurisdiction, since i have already begun in hk with the divorce proceedings,
if i join in the tw divorce hearing that will ruin the jurisdiction and the HK court would say since you are doing the same thing in tw
you should just go to tw and collapse the hearing in hk.
Can you petition the TW court for the same reason? There’s already a hearing going on in HK so there’s no reason for him to open up the same case in TW.
