Good evening all,
Would like some advices from you.
I get married about 3 years ago, and thinking now to end it.
The reason… she left Taiwan 2 years ago to do her own life. Did not see her for a year now.
My question is: we don’t have any asset in common, no house, no kids, no car, no mutual bank account.
In case of disagreement, can she claim anything about my personal money. Or am I safe about that?
Thank you all
The basic rule in Taiwan is that assets acquired after the marriage are jointly owned and should be divided equally.
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Unless you bought a house and it’s in her name only Because she said that you could not get a house loan as a foreigner. In which case it’s all hers.
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Is she Taiwanese?
Really? So assets I own before marriage can’t be touched in Taiwan?
Yes.
Subsection 2 (Articles 1017 ~ 1030) of section 4 of chapter 2 of Civil Code
Article 1010
Either the husband or the wife is in any of the following circumstances, the court may, at the instance of the other party, order the application of the separation of property regime:
…
have not lived together for more than six months, provisions in the preceding paragraph will be applicable to both of them.
Article 1030-1
…
The court shall adjust or waive the share of distribution provided that equal distribution referred to in the preceding paragraph is obviously unfair.
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That’s actually quite fair.
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At the risk of stating the obvious: before you get married you should consult with a good divorce lawyer to learn about exceptions to the rule, co-mingling of funds, and other traps for the unwary.
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Yes she is
So, in case of disagreement, there is a risk that I will lose my own savings. Even tho she left 2 years ago.
Then I guess the best way will be to go back to my country and divorce there. Right ?
Depends on the law In your country.
Filing for divorce in country A does not necessarily prevent you from the consequences of divorce in country B if there is also some nexus to country B
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What if I transfer my saving from Taiwan to another country.
I m from France.
That would be fraud then, no?
There are lawyers for this kind of things.
Article 1030-3 might be relevant, but it maybe all depends on the judge you would get, if there are disagreements and you need to go to a court.
No, this would not be fraud, but then you and your money would have to hide in a country that does not enforce judgments in family matters from any of the potential nexus countries which could make an adverse decision. You can of course just try to get away with it and see how much determination and resources the opposite party has for this, but this was not really the question I think
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Ok. To be sure. Sorry for maybe that stupid question, but what is the difference between asset and income? My savings are made from my incomes.
The National Taxation Bureau can give you a list of your assets in Taiwan. If you don’t think you have any, that probably means you don’t. They’ll still give you the list, even if there’s nothing on it (so you can prove you don’t have anything).
Thanks for your answer ! Very helpful. I will do that
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