Hi,
I have been married to a Taiwanese girl for few years already, and I wonder if it is possible to sign a marriage contract after a marriage in order to deal with financial issues (responsible for owning assets and debts, rights and responsibilities if and when the marriage should break up…etc) ?
If yes, does anyone know the procedure and which government office would be in charge?
K
You didn’t sign any papers when you got married?
You didn’t sign any papers when you got married?[/quote]
[quote]Creating a Postnuptial Agreement
Marriage is an emotional and legal union. If you walked down the aisle without a prenuptial agreement, your partnership became susceptible to your state’s marriage laws in the case of death or divorce. Unfortunately, these laws are vague and, in most states, a judge makes decisions about property distribution should your marriage end. It’s never too late to define and protect your own partnership. The process of creating a postnuptial agreement, a marriage contract created anytime after the wedding, can be a positive influence on both the emotional and legal dynamics of your relationship.
We certainly recommend discussing a postnuptial agreement if the financial status of your partnership changes through an inheritance, career change, etc. We also advise all constituents, regardless of the current financial status of the partnership, to consider taking the time to discuss their partnership and create a postnuptial agreement (also referred to as post marriage agreements or simply marriage agreements). It is never easy to discuss topics like money and divorce, but our experience has shown that these conversations can actually strengthen your relationship. Breaking communication barriers about sensitive issues can help make your marriage even stronger and more balanced.
We’ve compiled the “nut and bolts” of a postnuptial agreement to help you and your spouse become more familiar with what a postnuptial agreement is, what states they are valid in, and what to include in one.
The Commitment Conversation
Before we continue to outline these legal agreements, let’s take a step backwards and acknowledge that postnups are simply the joint expression of a couples’ wishes. In an effort to help individuals and couples feel more comfortable in discussing these issues, we’ve created a guidebook to help you and your partner navigate the most important conversation of your future together. Click here to learn more.
What is a postnuptial agreement?
A postnuptial agreement is a contract between spouses. It is similar to a prenuptial agreement except it is signed during marriage. A postnup is entered into in contemplation of an ongoing, viable marriage.
There are two basic rules that should be followed to safeguard your agreement: full and fair disclosure and separate and independent counsel. [/quote]
No idea if it’s possible in Taiwan, but it’s an interesting path.
I’m married with Son here to a Taiwanese woman and here is my 
The minute you write something like this down on paper and try to have it made into any type of a “legally binding” contract here…Your marriage is finished, over, kaput, finito.
Putting something like this down on paper, in the Taiwanese mind, is about 98% the same as it actually happening. You are, in effect, telling your wife, and more importantly her family, that you think your marriage is going to fail and you want to cover your wai guo ass when it does.
That may not be your intentions, maybe it is, but thats how they are going to see it.
To draw a very sketchy correlation, the ‘western’ concept of ‘insurance’ is only now, in 201o, becoming an accepted means of future planning. I’ve spoken with a couple of agents and discussed the fact that early on, they had a very hard time in changing minds here about the fact that merely planning for a “bad thing that might happen” did not mean that it would happen just by your actions.
My not asked for advice - do what you have to do on your own. Put your ducks in a row quietly and keep it on the low down. If you are doing it for her benefit as well as your own then your conscience, if you have one, is clear.
Just my thoughts on the matter. Others may have different or better advice.
Good Luck to You both.
added: And another thing. Contracts here on the island are not worth the paper they are written on. Always remember that.
I am not Taiwanese, and I would happily say good riddance if the husband tried sth. as stupid as that.
Just basic contract law - what is the consideration? i.e. if you or your wife agree to give something up in terms of your rights within the marriage, what do they (or you) get in return?
I sincerely hope you are not experiencing irreconcilable differences. If you are then frank and full discussion of who owns what and why in a mature - unemotional manner, whilst difficult is the best way to go. Remember that if one of you is at fault for the differences then the other one is likely to be very emotional and may lash out- understanding this before it happens can be very useful (whichever side you are on).
Good luck
Agreed with all comments above. To an Asian (Chinese or Taiwanese), the idea of ‘insurance’ or covering for the future is incomprehensible. (Which is hugely ironic if you’ve been here long enough because they do all sorts of stuff to CYA.) If you draw up this contract, she WILL consider it a statement of divorce and leave you (or believe you are leaving her).
Its not about whether she will get the wrong idea, its about how she and her family will perceive this course of action.
I think its important here, especially for foreigners married to locals. Not because of trust issues in the marriage but because in the event of her death, the foreign partner will be on VERY shaky ground in terms of any assets and could easily see the government or courts or family just taking the lot, leaving you bereaved, broke and with a shaky visa situation.
And we are saying that someone in her family, be it her or a relative with clout in her life, will NOT see it this way. This is a concept we get but she very likely will not grok- and will grok some other completely different thing, a la: I want to leave you but I want to make sure I get to keep the house.
[quote]How (and Why) to Bring Up a Postnup
Most people have heard about prenuptial agreements, but far fewer are familiar with postnuptial agreements. Even if you have been married for many years, it’s never too late to enter into an agreement that promotes domestic harmony and protects your union. In fact, veteran lawyers say the number of mid-marriage agreements has exploded in the past five years, perhaps as much as tenfold. There are many negative connotations attached to the world “postnup,” as if it is admitting your relationship’s defeat. It is less intimidating to look at the process as a communication tool and a “seatbelt” for your relationship in the case of death or divorce. [/quote]
And we are saying that someone in her family, be it her or a relative with clout in her life, will NOT see it this way. This is a concept we get but she very likely will not grok- and will grok some other completely different thing, a la: I want to leave you but I want to make sure I get to keep the house.[/quote]
No argument from me. Its a conundrum, though. Do they have wills here? I guess they must, surely, but I’ve never heard of them.
It just occurred to me: what if a 3rd party introduced the idea of a postnup to both of them? A mutual friend who exclaims, “What! You don’t have anything to protect each other in the event of blah blah blah? Are you two insane? Go get yourself a contract asap!” And the two of you both put something down on paper, have a lawyer both of you know take a look at it, and then submit it somewhere.
Thank you all for your comments. Actually, we have been married for 7 years, we married in europe and had our marriage recognised in Taiwan. We are living in Taiwan for the last 2.5 years. Our relationship is not that good now, and we decided to live separately (for a while?), without divorcing (yet), so I can keep my ARC. We agree both that we should separate financial responsibilities to each other, she doesn’t want to be responsible in case I have debts and on my side I want the same. So that’s why I was wondering if there is any possibility to sign some documents in order to separate our responsibilities to each other. So far, our separation is going well (it is recent…), and we are (still) on good terms.
[quote=“kitedili”]So far, our separation is going well (it is recent…), and we are (still) on good terms.[/quote]Whatever you do, do not under any circumstances start dating any other girls or actually get involved to the point of boyfriend/girlfriend whilst you are still married. The separation won’t continue to go well, and you won’t be on good terms, to include legal standing in the event of a lawsuit for adultery.
I think this may be the type of thing you’re looking for, but I know very little about things like this so I could be wrong: en.wikipedia.org/wiki/Legal_separation
I think I remember reading about this when I was reading about John Edwards (the US politician) separating from his wife.
Do you have children and if so who are they living with ?
Consideration is not required in Taiwan to form a contract.
[url=Setting up a will in Taiwan - #11 by Tigerman
[quote=“kitedili”]I have been married to a Taiwanese girl for few years already, and I wonder if it is possible to sign a marriage contract after a marriage in order to deal with financial issues (responsible for owning assets and debts, rights and responsibilities if and when the marriage should break up…etc) ?
If yes, does anyone know the procedure and which government office would be in charge?[/quote]
You should go talk to a Taiwanese attorney. Taiwan law provides for several different marital property regimes that determine how assets are divided in the event of a divorce, or perhaps death (not sure about that). The couple simply jointly selects which of these several regimes will be used to divide property in the event of a divorce.
Edit: Just found this:
[quote=“Global Property Guide - Taiwan”]Taiwanese matrimonial property regimes apply to couples whose marriages are recognized as valid in Taiwan.
Under Taiwan’s laws, a married couple can sign a contract agreeing to either a [color=#FF0040]Community Property Regime[/color] or a [color=#8000FF]Separate Property Regime[/color]. [color=#0000FF]In the absence of such an agreement, the couple’s property will be subject to the Statutory Regime[/color].
Under the [color=#FF0040]Community Property Regime[/color], “separate property” is limited to: gifts designated by the donor as separate property, property essential to the husband or wife’s occupation, and property earmarked for exclusive personal use of the husband or wife.
With the exception of “separate property”, all of the couple’s property and income is “common property” and owned by the couple in common. The husband or wife must have the consent of the other to dispose of common property.
Under the [color=#8000FF]Separate Property Regime[/color], husband and wife each retain and manage their own property as “separate property”. Each has the right to exclusively manage, use, depose of and receive profits from his or her own property.
Under the [color=#0000FF]Statutory Property Regime[/color], property separately owned by the husband or wife prior to marriage is “premarital property”, and will remain under the sole ownership and control of the respective husband or wife. Proceeds from such premarital property (such as interest or rent income) accumulated during the marriage, and all property acquired in the marriage, are “marital property”, and are owned by the couple jointly.
Marital property in relation to inheritance is subject to the rules on “Reserved Portions”[/quote]
Are prenups considered legally binding documents in Taiwan? Just wondering of course, obviously you guys are talking about postnups which are essentially the same thing. Well, I guess technically not since local laws re: marriage probably prevail against postnups since it’s an agreement decided after you’ve legally established your relations with your partner.
I THINK that in theory prenups are valid under Taiwan’s Civil Code… But, in practice, prenups are often ruled invalid for violating Taiwan’s “good morals” with respect to alimony and child custody issues. You should speak with a Taiwanese attorney to make certain this is correct and or to clarify.
you mean that marriage contact with another one after existing marriage contract with previous one? Is it right.
I think it is Judicial problem and you should consult with local Lawyer.
I hope it will help you.