Hi,
just out of curiosity: How is the legal situation if a Taiwanese and Foreign spouse get divorced? Are both parties entitled to see the child when living in Taiwan? Or is it recommended to have some kind of signed agreement? Could someone link the law that specifies this? I could not find it, sorry.
Thanks!
Agreement should be completed before you sign divorce papers.
But keep in mind that the enforcement is basically non existent. The other party can ignore it for many years, even with court orders, if both parents have custody.
There are many threads on Forumosa.
I really hope you are going to have a peaceful mutual divorce agreement - otherwise be better prepared for the worst outcome.
As Slawa has said there are plenty of threads regarding this subject, no need to continue here.
Make peace with your ex. If the ex is a local citizen and hates you, expect to get fucked.
Record everything. Dont threaten, just record that that shit. You wont regret it long term.
Ferris,
Seven days ago (March 29, 2022) you made a post suggesting that you would be getting married to a Taiwanese this year and were asking about the implications regarding the filing of taxes separately vs jointly, etc.
Questions:
Have you gotten married within the past seven days since your tax questions post?
Do you already have a child together with a Taiwanese?
Or are you simply planning for the worst case scenario when your married invariably breaks down?
Hi,
thanks to all for the answers. @MalcolmReynolds I’m preparing for the future as I’ve read and heard many times that the Taiwanese law in these cases is not very good. I’ve read through many threads here but none of them applies my specific situation: Trying to be prepared for the worst case by setting up an agreement before any conflict arises. I assume by your answers and other threads that any premade agreement still does not give you security of having shared custody and I guess the best thing is to consult a lawyer over this. If anyone has another opinion or info that might be relevant, I’m happy about answers.
Thanks!
If your intention is to sign any kind of marriage contract - well feel free to do that, but as far as I know this is all unvalid once “things go south”.
Taiwan is just different. Tell me any other country, where you can divorce for 20 NT$ and 5 minutes of time and your local Household Regristration Office - if you both agree mutually to divorce.
Tell me any other country where it is almost impossible to divorce once one party disagree to do so.
If you sign for a divorce, you are doing that with or without a divorce agreement. And whatever might be written in a marriage agreement (like shared custody after possible divorce) - no court in Taiwan would give a shit on that.
If the taiwanese parent would play the sole custody card, the foreign parent (regardless gender) would almost every time lose any court battle (for reasons beyond western thought’s comprehension).
I have been painfully through all of this (including lost appeal).
In my opinion save the effort and money to consult a lawyer.
Hi,
late thanks for your long answer.
Appreciated!
___As far as I know, there are two popular scenarios, both are anti-foreigner. First is when you fight in the court and lose. Second is the opposite, but then the other party disappears with the child.
___The better a relationship you keep with your ex, the better is the result. Avoid manipulations and negative emotions and consult with a lawyer.