Some answers about divorce in Taiwan

Maybe she would change her tune if you stopped paying the maintenance (whatever that means). I guess she only views you as a bank now. :2cents:[/quote]

I have thought about it. But paying the maintenance gives me the satisfaction of knowing that this will help him have a better life. I think that she earns a very good salary by Taiwan standards, so does not need my money to survive and raise him, but a bit of extra money means that she can take regular foreign holidays with him (which she does), and perhaps save up to send him to a foreign university when he comes to that age, which have all got to be better for him and also more likely that we can be reunited when he is old enough.

At least he knows that I exist and that I try to contact him; this could make a massive difference for later on.

Happy Mum = happy kid. She can be a bitch to me if she likes, it makes no difference.

However, she is surely speaking crap about you to him. So, you are giving her money for extra holidays with your son? What?

However, she is surely speaking crap about you to him. So, you are giving her money for extra holidays with your son? What?[/quote]

Looks like you have a lot to learn about how a woman’s mind works.

Firstly, I haven’t had any evidence so far that she is speaking crap to him about me. There is only so much crap you can tell a six-year old anyway.

As time goes on she is going to find it more and more difficult to hide the truth from him though, children are not stupid.

Secondly, me withholding maintenance from her is going to make her more likely to speak crap about me in the future.

Thirdly, the maintenance is my legal obligation, for whatever that is worth- but it does give me some kind of moral high ground.

Luckily I am not in the situation where the maintenance is breaking my bank.

[quote=“Aboriginal girl”][quote=“bismarck”] However, in Taiwan the father will almost always win, unless the father isn’t Taiwanese. That’s been my experience and what I’ve seen over the last decade or so. :idunno:

As to the above situation, she could try pgdaddy1’s advice, but ultimately I’d advise her to walk away and get on with her own life. :2cents:[/quote]

My husband as a foreigner was able to have custody of his son in Taiwan and so have many other foreign fathers we know who have been divorced from Taiwan Citizens.
Several years ago there was a very public case where a German father was granted sole custody of his child and was able to leave Taiwan and return to Germany with his child.
It is not always the case if goes to the father even if the father or mother is Taiwanese. Each case is different.[/quote]
For sure, buddy. True enough. But you know that’s the minority of cases. And yes, it does depend on the set of circumstances in each case.

It is. But my ex and I don’t have any f these issues. We just worked things out privately in the best interests of everyone. Then again, we’re still friends, her mum adores me and we all get along well. :idunno:

DOES THE FOREIGNER WHO DIVORCED THE TAIWANESE, STILL GET TO KEEP THEIR TAIWANESE PASSPORT/CITIZNSHIP!?!?!?

If so… that would be AWSOME lol

[quote=“xBlissfulx”]DOES THE FOREIGNER WHO DIVORCED THE TAIWANESE, STILL GET TO KEEP THEIR TAIWANESE PASSPORT/CITIZNSHIP!?!?!?

If so… that would be AWSOME lol[/quote]

Someone with ROC citizenship, passport and residence rights based on their citizenship is not a foreigner. Thus they have the same right to stay here as any other divorced Taiwanese.

[quote=“xBlissfulx”]DOES THE FOREIGNER WHO DIVORCED THE TAIWANESE, STILL GET TO KEEP THEIR TAIWANESE PASSPORT/CITIZNSHIP!?!?!?

If so… that would be AWSOME lol[/quote]

My husband was divorced before he got his ID card from his first wife. He divorced during his application for citizenship and before he got his ID card. He also got joint custody of his son. Divorce is just divorce you will keep your passport and citizenship. Here are some laws and other information on divorce in Taiwan. Normally both parents get joint custody and even if one parent agrees to give sole custody to other parent can still have visitation rights. If one partner abused the other then visitation rights can be refused.

Also the law is that children can also choose which parent to live with and my step son chose to live with us in Alishan rather than in Australia with his mother.

cbi.gov.tw/CBI_2/internet/ma … &docid=841

law.twdetect.org.tw/law_question08.php

:roflmao:

All credit to Pgdaddy. A father should always pay maintenance regardless of the outcome of the divorce and any ill-feeling about custody. It’s just the right thing to do - unless both parties agree otherwise.

:roflmao:[/quote]

I do not see why you think it’s a laughing matter. One of my friends in Alishan gave birth to her child and before the child was six months old she found out her husband was having an affair and she found out the other woman was also pregnant as well. Her husband treated her badly so she divorced him and the judge gave her sole custody of the child due to abuse and because he had an affair with another woman. She didnt need any photo to prove she used DNA from the other child to show he is the father but she is not the mother. As the father was not aboriginal she was then able to change the childs name from the fathers name to her family name ( Because he insist must use his name before ) and the child is now considered aboriginal which means the mother can pass her land to her children in future and children can claim aboriginal benefits. The other woman was also abused by the man and she ran away from him as well. My mother is baby sitting both these children at same time so the mothers can work.

Maybe in cases like this the court doesn’t give joint custody, it gives custody to one parent but the other parent can have visitation rights. But these 2 women were abused so of course they don’t want to be near the childens father and always fear what will happen to the children if they have visit from the father. Maybe he will abuse the kids too? Who knows? Of course if the father is like this who wants to have them around their kids even if he pay maintenance. :thumbsdown: :thumbsdown: :thumbsdown:

Another woman in our village who was married with children had an affair and had a child from another man. So her husband divorce and and he got his children and she got the child from different father. The mother still visits her children often and the children will stay with the mother on weekends and school holidays. It was very hard on her kids especially her daughters who were 10 and 12 years old at the time. They are my students so they will often speak with me about family things.

Yes normally couple get joint custody that is the law. But in Taiwan many separated people live in different cities for work so its not easy. It’s only in sad cases where both parents do not get joint custody nowadays like when the father or mother run away.

Thanks for the examples AG. None of which were joint custody.

I never heard of joint custody being issued in Taiwan before, and would like to hear from anyone here who has.

My downstairs neighbour and his ex have joint custody. Its common and not a big deal, apparently.

My husband asks how you can make such a claim when he wrote in other threads to you on this forum many years ago he got joint custody in the 1990’s and Mr He and others also posted about them getting joint or sole custody as foreigners here. I read housecat post she has custody of her child too. Several years ago was a big TV news story about a german given sole custody to take his child away from Taiwan from the Taiwan mother because the mother screaming its not fair to her.

Sole custody is uncommon and there must be special reasons one parent got sole custody and the other parent nothing. You wrote your ex wife in Taiwan got sole custody.

Same for young Brazilian boy who had Taiwanese father who died and whose mother died but he was returned to Brazil to live with grandmother even though the relatives in Taiwan tried to keep him in Taiwan. Anybody who does not get custody will blame court or judge or ex partner. Some cases will be won by father some by mother.

taipeitimes.com/News/taiwan/ … 2003091687

chinapost.com.tw/print/43176.htm

The boy was born to a Brazilian mother and a Taiwanese father who worked as captain of a fishing boat in Brazil eight years ago. His mother died when he was only three years old. And his father, who took the boy to Taiwan in 2001, passed away soon after bringing his son home. The boy has been since under the care of his uncle in Kaohsiung, who insisted that it was his brother’s dying wish that the boy be raised in Taiwan.

Wu’s grandmother and legal guardian Rosa Leocadia Ergui came to Taiwan and filed a custody suit against the uncle after she learned that the boy’s father was dead.

Agreed on outside court or issued by the court as a result of a custody battle ?

Agreed on outside court or issued by the court as a result of a custody battle ?[/quote]
Court custody battle. Straightforward, apparently.

Agreed on outside court or issued by the court as a result of a custody battle ?[/quote]
Court custody battle. Straightforward, apparently.[/quote]

Thanks Sandy.

hi,

im not looking for a divorce. me and my wife are doing fine. we started with a prenup and now into the marriage we are looking to buy a new property together and want to make sure the paper work in taiwan is clean and what is hers is hers, what is mine is mine and what we want as “ours” is written in black and white.

just hoping you have a lawyer recommendation so i can bounce questions off of and ask for assistance with paperwork if needed.

thanks,

In my case it seems that my wife will a divorce to which I don’t think I will want to agree. My wife is Taiwanese and I am foreigner and we normally live abroad, but we were married in Taiwan. Right now she is in Taiwan and was there already for several months. I have to be abroad for few month and when I came to Taiwan, I found out that she is in romantic relationship over Skype etc. with one of the work clients. She never met him in real life yet, but she fell badly in love with him (or with his money, as he is extremely rich). I am trying to save our marriage, but I feel like not much I can do to ward off the intruder. I have to be abroad again, at least for several month, and I know that this virtual lover plans to come to Taiwan. My wife promised me not to have sex with him when he is there. I hope not, but even if this will happen, I don’t know, what I can do about it (I will probably never find out). Actually, when we were arguing over this, she demanded a divorce. I said that I don’t want to divorce. She said that she will go and get divorced with me unilaterally. However reading the first page of this thread I understand that it is easy to get divorced in Taiwan if one of the parties objects it. Am I correct?

Why would you not want to divorce her ? She wants a divorce, she doesn’t love you any more, and she is having an affair. I understand that you might want to save your marriage, because you love her- but using Taiwan’s prehistoric family law system as a way to put pressure on her is not going to help anyone.

You are better to just set her free and move on with your life, because from what you have said, you are really unlikely to find your happiness with this woman.

Why would you not want to divorce her ? She wants a divorce, she doesn’t love you any more, and she is having an affair. I understand that you might want to save your marriage, because you love her- but using Taiwan’s prehistoric family law system as a way to put pressure on her is not going to help anyone.

You are better to just set her free and move on with your life, because from what you have said, you are really unlikely to find your happiness with this woman.[/quote]

She says that she still loves me very much but she also fell in love with that guy…and I am still madly in love with her, even after what happened. I don’t even want to think about other women. It really hurts.