Me and my husband are separating after a few months over 2 years of marriage. He is Taiwanese and I am Australian on a marriage ARC.
We have had issues for a while and he has decided to move out of our apartment. Everything was civil when we spoke to each other and he has reluctantly agreed to hold off signing divorce papers until after my naturalisation is approved.
I did give him the option if repaying me the $18,000AUD I spent on his Australian visa application and signing the divorce papers immediately, he didn’t agree.
We don’t meet any requirements for a contested divorce.
The problem is I overheard him talking on the phone to his friend about trying to frame me for cheating or telling immigration that our entire marriage is a sham.
Our marriage wasn’t a sham and we are separating due to incompatibility issues mostly. I haven’t cheated either.
I am concerned about what the definition of a ‘sham marriage’ is in Taiwan. We didn’t get married as a sham and getting a non-mutual divorce isn’t possible in our situation. So he has no leg to stand on, right?
Am I correct in assuming he has no grounds to prove a sham marriage?
Is ‘separated’ a legal status in Taiwan?
(It is in Australia and 1 year of separation is a requirement to have the court order a divorce in Australia)
I sincerely hope he doesn’t go down this path. And if he did, I’d rather just go back to Australia anyway.
Am I worried about nothing?
I do think he couldn’t be bothered with the drama that would ensue and once he’s calmed down he will be fine but I do want to be prepared.
His ‘toddler like behaviour’ is a big reason why things haven’t worked out.
Weirdly he admitted he’s also unhappy in our relationship but he’d rather stay married and unhappy. I don’t agree and hence he’s decided to move out.
So from now until I naturalise he would not be able to accuse me of a sham marriage, right?
This is a good point but he probably doesn’t realise this.
I don’t think he will follow through. I hope for the best but prepare for the worst. If he did go down that path I’d either speak to a lawyer or just go back to oz.
I’m pretty sure I could get a work ARC but my APRC/naturalisation clock might be reset (there’s various opinions regarding this)
also I’d have to get my diploma and transcripts certified by TECO because they are from pricate education companies not top 500 universities. It’s also not definite because I don’t have a completed bachelor degree, I have a diploma AQF5 and part of a bachelor degree (from a school which has now closed down) and TEFL.
My boss is confident he could apply for a work permit for me but I’m more skeptical.
It would just be very mafan if to change my visa type for the sake of a few months
No problem. I can understand wanting to wait until the APRC or nationality for the divorce, but you should talk to the lawyer first and see if you can work things out or come to an agreement or simply divorce and reset the time. You’re still Australian and you can have the nationality restored immediately after renouncing and attaining Taiwanese citizenship. It’ll just take longer.
Resetting your time doesn’t mean you can’t change jobs or live your life.
Resetting the clock by changing my visa or even going back to Australia to live is fine for me if it meant avoiding legal trouble.
I do prefer staying in Taiwan but at the end of the day Australia is a great place too
Just wondering if he starts this process how I can end it. I’ll likely contact your lawyer!
You’re going to be fine. You went into this marriage in good faith. And to divorce means that both parties have to agree. So you may talk with the lawyer and possibly extract concessions or come to an agreement.
