I wonder if you know the answer to my questions:
Will the Taiwan courts recognise and accept divorce papers issued in a foreign country?
I married a Taiwanese national at a registry office in the UK. We then lived in Taiwan as a married couple for 7 years.
We had had a ‘qingke’ (wedding party and wedding photos) in Taiwan several months before the UK registry office marriage, but never documented this at a Taiwan court.
I am now back in the UK and in the process of getting a divorce from him in the UK and wonder if, once we get the Decree Absolute (finalised divorce) and have it translated and notarised by the Foreign and Commonwealth Office in the UK and the Taipei Representative Office in the UK, will the Taiwan courts recognise it as the end of our marriage?
My spouse (and lawyers I consulted in Taiwan before leaving) have informed me that the the ‘qingke’ in Taiwan was enough to be married in the eyes of Taiwan law, even if it was never registered.
I do not appear on any legal docs in TAiwan (household reg, etc) as being married. I got Permanent residency because I had been legally resident in Taiwan for 7 yrs independent of my spouse. Our daughter had an ARC through my APRC. She does not have a Taiwan passport and does not appear on household registration docs either, though her father is named on her UK birth certificate.
This leads me to a second question:
If my daughter and I ever returned to Taiwan, after UK divorce was finalised, and assuming that Taiwan courts recognises and accepted the translated divorce papers (including agreements regarding child custody, maintenance, etc), effectively ending any Taiwan marriage arising from the qingke, could my then ex claim custody on paternity grounds and bar me from leaving Taiwan with my daughter?
I realise Taiwan is a blackhole as far as child abduction is concerned, because it is not a signatory party to the HAgue Convention, so would I be utterly stupid, mad, etc. ever to trust my ex and his family not to pull any stunts like trying to keep my daughter in Taiwan?? Am I naive to hope that she can have a normal-ish (given the airmiles in between!) relationship with her biological father and extended family??
Thanks for any informed help/advice you can give me…