I dearly love my Taiwanese fiance with no assets and with parents she supports but I want to choose the locations for the jurisdiction, prenup and marriage to give myself the greatest protection and ease of divorce, should the unthinkable become necessary. I live in, and have assets in California (US) and Queensland (Australia) Once married we will live half the year in Taiwan & the other half in the US, Aust and travelling. I have substantial property holdings in the US and substantial bank accounts in Australia. My question: WHERE to sign the prenup & where to marry for the best divorce scenario??? I’ve heard of the nightmares of trying to pursue a contested divorce in Taiwan. I wouldn’t want to register my overseas marriage in Taiwan. (or could there be any possible advantage for me to marry in Taiwan?)
I wouldn’t want, in my absence, an attempt to throw away the prenup and get a Taiwanese court decree, without my knowing it, enforceable against my assets overseas.
I wonder how we can word the prenup to save me from having to support the entire family?
With a divorce one often hears ‘YOU SHOULD HAVE’. Well, I’m in a position to do the ‘should have’ NOW, ahead of time, with unlimited time and full agreement as to any prenup, naming any country’s governing law.
I would welcome any suggestions. Thanks in advance. The neighborhood attornies have difficulty thinking worldwide.
PS We will do the prenup ‘to the letter’ with two attorneys, one of them Chinese, months in advance of a wedding …
Tigerman’s legal expertise is of course quite sound. However, I wonder if there are some unstated implications here, by the original poster, regarding the often heard of type of “divorce settlement” where the husband is assessed ALIMONY PAYMENTS not based on what the wife (and any children left in charge of the wife obviously) needs, but rather based on the ASSETS of the husband, and hence WHAT HE IS ABLE TO PAY.
This type of reasoning may be what the original poster is referring to, and obviously trying to avoid.
I think it is an excellent issue to discuss …
Does anyone know if in fact there are standard PRE-NUPTIAL AGREEMENTS which are available in Taiwan? (Just fill in the blanks … )
I must admit that I am unaware of this aspect, although my first impression is that most local Taiwanese persons would consider such arrangments rather unlucky …
Tigerman’s analysis may actually show the way to finding a solution to the entire problem however … in other words, the pre-nuptial agreement could specify that
In the future, although “highly unlikely,” in the event of a decision of the two parties to obtain a divorce,
(1) Each party retains what property and other assets he/she had upon the date of marriage,
(2) Assets obtained during the marital period are to be divided equally,
(3) In regard to all other issues, the laws of Australia will apply, and the court of jurisdiction will be the First Family Court of Darwin, Northern Territory, (or Hobart, Tasmania), etc.
I doubt if any contract could do away with the spouses right to petition a Taiwanese court for a dissolution of a marriage made under Taiwanese law. I would get married abroad, preferrably in a country which does not recognise Taiwanese divorces.
One of the issues here is that the poster is also open to divorce decrees in the other jurisdictions, e.g. US and Australia. If it ever came down to it, her smart attorney would head over to the US in the state which they were married in and sue there for divorce, custody, alimony, other support etc. If one spouse has significant assets above and beyond, the other spouse will go after it. You can’t hide, if you have a lot to hide or protect.
Besides seeking Taiwanese legal advice re: divorce, I would also seek legal advice in the US state you are considering marrying in. You might also want to check Australia as well to cover all your bases.
Based on my experiences, I would highly suggest you stick to the U.S. legal and marriage system and that you not deal with Taiwan’s (if at all possible). The Taiwan legal system is going to protect the Taiwanese spouse and you would not want its verdict to be carried out, and used against you, in the States.
Go for the pre-nup and U.S. marriage!
[quote=“vmcguire”]Based on my experiences, I would highly suggest you stick to the U.S. legal and marriage system and that you not deal with Taiwan’s (if at all possible). The Taiwan legal system is going to protect the Taiwanese spouse and you would not want its verdict to be carried out, and used against you, in the States.
Go for the pre-nup and U.S. marriage![/quote]
What?
Why didin’t you let us know four years ago?
Or, has it taken that long for the gravediggin sweat to permeate one’s brow?
Why are you getting married? You haven’t said you do yet and you’re already hedging your bets. Yes, divorce happens–fifty percent of the time in the States. So don’t get married. What you’re doing here is like trying to jump into the ocean without getting wet.
