Some answers about divorce in Taiwan

This will be hard.

That said, AU$15k is NT$400k, that would be NT$50k per month, which would not be a lot when paying for a birth and associated expenses, along with living costs and the like. Really, you have to pay a fair bit of that here.

Reading this threat, I am getting a bit worriedā€¦
Here is my situation: in April, I will get married with a Taiwanese woman. I am non-Taiwanese. I donā€™t have many possession (at least not worth debating) but I do have a bit of savings. This saving are under may name and they are all outside of Taiwan.
We will get married under the ā€˜Statutory Property Regimeā€™. (I find that discussions about going for a ā€˜Separate Property Regimeā€™ wellā€¦ tend to go down difficultly)

Here are my questions If unfortunately we end up in a divorce:

  • in case my pre-marriage savings stay where they are now (outside Taiwan) / I donā€™t touch it: will half of it belong to my ex?
  • in case I use my pre-marriage savings to buy an apartment in Taiwan (buy it after we will be married). Assume I have enough savings and I buy it completely myself (and under my name): in case of divorce, half of the selling-price will be hers?

Appreciate your advice.

[quote=ā€œtourā€]Reading this threat, I am getting a bit worriedā€¦
Here is my situation: in April, I will get married with a Taiwanese woman. I am non-Taiwanese. I donā€™t have many possession (at least not worth debating) but I do have a bit of savings. This saving are under may name and they are all outside of Taiwan.
We will get married under the ā€˜Statutory Property Regimeā€™. (I find that discussions about going for a ā€˜Separate Property Regimeā€™ wellā€¦ tend to go down difficultly)

Here are my questions If unfortunately we end up in a divorce:

  • in case my pre-marriage savings stay where they are now (outside Taiwan) / I donā€™t touch it: will half of it belong to my ex?
  • in case I use my pre-marriage savings to buy an apartment in Taiwan (buy it after we will be married). Assume I have enough savings and I buy it completely myself (and under my name): in case of divorce, half of the selling-price will be hers?

Appreciate your advice.[/quote]

This would be my simple suggestion: Keep all your savings outside Taiwan. If you do want to buy property, I would invest overseas - in your name only. Renting is cheap in Taiwan. I see no point buying. I hope you have a long and loving marriage and that divorce is never an issue. BUT, as you will have read on this forum, horrible things can happen and you need to protect your interests.

Thanks for the information. Any idea about the first part of my question - if we were married outside Taiwan and not registered in Taiwan, are we still able to divorce in Taiwan? Weā€™ve lived here for many years. Thanks for any advice.

Thanks for the information. Any idea about the first part of my question - if we were married outside Taiwan and not registered in Taiwan, are we still able to divorce in Taiwan? Weā€™ve lived here for many years. Thanks for any advice.[/quote]

It is possible for two foreigners married outside Taiwan to get divorced inside Taiwan. I believe it should also be possible for a foreigner and a Taiwanese married outside Taiwan to get divorced inside Taiwan. You will likely need notarized copies (and probably translations) of your marriage certificate, and youā€™ll need to do this in the household registration office that your wifeā€™s hukou is at, which is where youā€™d also get divorced if you had been married in Taiwan.

Your best way forward is to actually go to the HHR and ask them for information. Be aware that the staff might try and tell you to go back to your home country - especially if youā€™re dealing with an HHR office outside of Taipei, where the staff may not have had to deal with a foreigner before. If you feel like youā€™re being fobbed off with incompetence, stupidity or laziness, persist, try speaking to someone else, and persist some more. Ask to see the relevant laws if necessary.

Thanks for the information. Any idea about the first part of my question - if we were married outside Taiwan and not registered in Taiwan, are we still able to divorce in Taiwan? Weā€™ve lived here for many years. Thanks for any advice.[/quote]

It is possible for two foreigners married outside Taiwan to get divorced inside Taiwan. I believe it should also be possible for a foreigner and a Taiwanese married outside Taiwan to get divorced inside Taiwan. You will likely need notarized copies (and probably translations) of your marriage certificate, and youā€™ll need to do this in the household registration office that your wifeā€™s hukou is at, which is where youā€™d also get divorced if you had been married in Taiwan.

Your best way forward is to actually go to the HHR and ask them for information. Be aware that the staff might try and tell you to go back to your home country - especially if youā€™re dealing with an HHR office outside of Taipei, where the staff may not have had to deal with a foreigner before. If you feel like youā€™re being fobbed off with incompetence, stupidity or laziness, persist, try speaking to someone else, and persist some more. Ask to see the relevant laws if necessary.[/quote]

Thanks for the information. Really appreciate it.

Westdoor, thanks for you suggestion. Is there anybody that knows what the law in Taiwan says about my 2 questions:

  • in case my pre-marriage savings stay where they are now (outside Taiwan) / I donā€™t touch it: will half of it belong to my ex?
  • in case I use my pre-marriage savings to buy an apartment in Taiwan (buy it after we will be married). Assume I have enough savings and I buy it completely myself (and under my name): in case of divorce, half of the selling-price will be hers?

Thanks,

[quote=ā€œtourā€]Westdoor, thanks for you suggestion. Is there anybody that knows what the law in Taiwan says about my 2 questions:

  • in case my pre-marriage savings stay where they are now (outside Taiwan) / I donā€™t touch it: will half of it belong to my ex?
  • in case I use my pre-marriage savings to buy an apartment in Taiwan (buy it after we will be married). Assume I have enough savings and I buy it completely myself (and under my name): in case of divorce, half of the selling-price will be hers?

Thanks,[/quote]

According to what I have learned: (1) your savings outside of Taiwan should be secure; (2) even if you buy an apartment in your name only, once you are married, your wife has legal rights to the property, even if only your name is on the contract. Have you read some of the divorce ā€œhorror storiesā€ on this forum? If you havenā€™t, you should. My advice to you would be to keep your personal savings outside Taiwan and ā€œsecretā€. And, as I said before, I wouldnā€™t buy a property in Taiwan. Whatever your legal position, if you ever want to get a divorce, your wife may try to clean you out for all you have before agreeing to it, including getting the whole house signed over to hear AND demanding a great chunk (if not all) of your savings (if she knows about them).

Great thread, hope there are still answers available. My question is this: I will be eligible for an APRC in a little less than two years. At that point, I would like to get a divorce from my wife, who is Taiwanese. Iā€™d like to do it now, but I believe that I would be asked to leave, and I donā€™t want to start over on the five year requirement. My understanding is that with the APRC I will be able to continue living and working in Taiwan. If I meet someone after that who Iā€™d like to marry, can I still stay in Taiwan, or not?

Great thread, hope there are still answers available. My question is this: I will be eligible for an APRC in a little less than two years. At that point, I would like to get a divorce from my wife, who is Taiwanese. Iā€™d like to do it now, but I believe that I would be asked to leave, and I donā€™t want to start over on the five year requirement. My understanding is that with the APRC I will be able to continue living and working in Taiwan. If I meet someone after that who Iā€™d like to marry, can I still stay in Taiwan, or not?

With an APRC you will be OK.

Be aware that thereā€™s some kind of cool-off restriction on remarrying - itā€™s something like you need to wait six months after a divorce before you can get married again.

Be aware that thereā€™s some kind of cool-off restriction on remarrying - itā€™s something like you need to wait six months after a divorce before you can get married again.[/quote]

There used to be such a cooling-off restriction but Iā€™m fairly certain the law has been amended to do away with it. Perhaps one of our lawyer members can confirm this.

Be aware that thereā€™s some kind of cool-off restriction on remarrying - itā€™s something like you need to wait six months after a divorce before you can get married again.[/quote]

There used to be such a cooling-off restriction but Iā€™m fairly certain the law has been amended to do away with it. Perhaps one of our lawyer members can confirm this.[/quote]

Ah. Good to know, if true.

I have a question for those who have already divorced but wants to go back for a fair settlement. I do not want to argue the divorce but the divorce happened so fastā€¦
Iā€™m a foreigner and I had no mediator there for me. My husband at that time fooled me saying because we have no kids (and he has no house of his own, we were renting)
that he has nothing to give me (though he does have tons of savings in his bank accounts). We hurried in and he quickly just told me to sign ā€œthere, there and thereā€. None of the ladies working there translated anything eitherā€¦ iā€™m thinking
cuz he pulled me in there 20 minutes before closing hoursā€¦ but since everything is all sign and done, is it really too late to get a fair settlement? I honestly feel tricked.

But since itā€™s doneā€¦ legally there is nothing i can do about it now right?

Please type @AussieHeat15 as reply, please do not direct quote reply. Thank you

[quote=ā€œAussieHeat15ā€]I have a question for those who have already divorced but wants to go back for a fair settlement. I do not want to argue the divorce but the divorce happened so fastā€¦
Iā€™m a foreigner and I had no mediator there for me. My husband at that time fooled me saying because we have no kids (and he has no house of his own, we were renting)
that he has nothing to give me (though he does have tons of savings in his bank accounts). We hurried in and he quickly just told me to sign ā€œthere, there and thereā€. None of the ladies working there translated anything eitherā€¦ Iā€™m thinking
cuz he pulled me in there 20 minutes before closing hoursā€¦ but since everything is all sign and done, is it really too late to get a fair settlement? I honestly feel tricked.

But since itā€™s doneā€¦ legally there is nothing i can do about it now right?

Please type @AussieHeat15 as reply, please do not direct quote reply. Thank you[/quote]

It doesnā€™t matter whether you had kids or a house, you were still entitled to half of any residual assets acquired during the marriage period, including from your and your husbandā€™s salaries and so forth (including cash in your husbandā€™s accounts if it represented such assets).

You should not have signed until you were certain (with a good lawyerā€™s advice) that you had gotten a fair deal. Now that you have signed, I donā€™t know whether there is anything you can do. Iā€™m not a lawyer. Thereā€™s a list of English-speaking lawyers in a post at the top of the General Legal Forum. I suggest you contact one right away and find out what your options are, if any.

[quote=ā€œAussieHeat15ā€]I have a question for those who have already divorced but wants to go back for a fair settlement. I do not want to argue the divorce but the divorce happened so fastā€¦
Iā€™m a foreigner and I had no mediator there for me. My husband at that time fooled me saying because we have no kids (and he has no house of his own, we were renting)
that he has nothing to give me (though he does have tons of savings in his bank accounts). We hurried in and he quickly just told me to sign ā€œthere, there and thereā€. None of the ladies working there translated anything eitherā€¦ Iā€™m thinking
cuz he pulled me in there 20 minutes before closing hoursā€¦ but since everything is all sign and done, is it really too late to get a fair settlement? I honestly feel tricked.

But since itā€™s doneā€¦ legally there is nothing i can do about it now right?
[/quote]

You probably signed something that waived your future claims to ā€œfurtherā€ compensation from your ex. Not knowing what you signed itā€™s hard to tell.

[quote=ā€œAussieHeat15ā€]
Please type @AussieHeat15 as reply, please do not direct quote reply. Thank you[/quote]

Donā€™t understand. You mean send you a private message with the answer? The forum is supposed to be a resource for people who might have similar questions to yours. Iā€™ll PM you anyway, but Iā€™m leaving this message here barring anything more specific.

[quote=ā€œRotalsnartā€][quote=ā€œAussieHeat15ā€]I have a question for those who have already divorced but wants to go back for a fair settlement. I do not want to argue the divorce but the divorce happened so fastā€¦
Iā€™m a foreigner and I had no mediator there for me. My husband at that time fooled me saying because we have no kids (and he has no house of his own, we were renting)
that he has nothing to give me (though he does have tons of savings in his bank accounts). We hurried in and he quickly just told me to sign ā€œthere, there and thereā€. None of the ladies working there translated anything eitherā€¦ Iā€™m thinking
cuz he pulled me in there 20 minutes before closing hoursā€¦ but since everything is all sign and done, is it really too late to get a fair settlement? I honestly feel tricked.

But since itā€™s doneā€¦ legally there is nothing i can do about it now right?

Please type @AussieHeat15 as reply, please do not direct quote reply. Thank you[/quote]

It doesnā€™t matter whether you had kids or a house, you were still entitled to half of any residual assets acquired during the marriage period, including from your and your husbandā€™s salaries and so forth (including cash in your husbandā€™s accounts if it represented such assets).

You should not have signed until you were certain (with a good lawyerā€™s advice) that you had gotten a fair deal. Now that you have signed, I donā€™t know whether there is anything you can do. Iā€™m not a lawyer. Thereā€™s a list of English-speaking lawyers in a post at the top of the General Legal Forum. I suggest you contact one right away and find out what your options are, if any.[/quote]

Have to agree with the above reply, unfortunately, which should serve as a strong reminder to all ā€œforeignersā€ who are facing divorce with a Taiwanese husband/wife in Taiwan - donā€™t sign ANYTHING until you are absolutely 100% certain (and satisfied) with the outcome. Regardless of how much pressure you may be put under, DO NOT SIGN ANYTHING! We do have rights here. Indeed, according to my knowledge, we have exactly the same rights as we would in our home countries (UK, USA, Australia, etc). Indeed, for men, I believe our rights may be more favourable than they are back ā€œhomeā€ (at least in my country). For example, in the UK, the woman is nearly always granted custody of children. Not so in Taiwan.

Hi all, thanks so much for the thread and information.

Iā€™m getting married soon to a Taiwanese citizen - we are both in another country. We will get married here and my soon to be wife wishes to get registered in Taiwan as well. I would like to know that if anything does happen, that if we get a divorce in our home country (Australia), that it will be a straightforward process in Taiwan. Can I just show my divorce papers to the House hold registry and that is enough for them?

[quote=ā€œBJJā€]Hi all, thanks so much for the thread and information.

Iā€™m getting married soon to a Taiwanese citizen - we are both in another country. We will get married here and my soon to be wife wishes to get registered in Taiwan as well. I would like to know that if anything does happen, that if we get a divorce in our home country (Australia), that it will be a straightforward process in Taiwan. Can I just show my divorce papers to the House hold registry and that is enough for them?[/quote]

A divorce from abroad is not always recognized here, the terms can be changed. If there are children involved, expect it to be messy, unless you are on great terms when you get the divorce through.

In general, if the risk of divorce is on your mind before getting married, I would take a good long and hard think about getting married to begin with. Really.