What are my chances of winning a divorce?

I am a Filipino, married to a Taiwanese for 21 years. I was 19 years old and we have a 25 year-age gap. Prior to marriage, I had 2 children from previous relationship, which he helped me raised up. He wanted to have a child with me prior to marriage but after getting pregnant, he changed his mind and forced me to have an abortion. It happened 3 more times. He refused vasectomy and opted instead to other (unsuccessful methods) and advised me against taking contraceptive pills.

The 5th and last pregnancy resulted in ectopic. I was devastated and no matter how I pled, it has fallen into deaf ears. It changed the chemistry between us. I was isolated. Couldnā€™t speak the language and discouraged to have friends. I didnā€™t have the money to sue him although he supports me and my family well.

He discouraged me to get my degree and now being 42 years old without education and work skills, tough times are ahead of me. A compensation would help me a lot when I start a new chapter in my life. Although these were challenging times, I stuck it out. 3 years ago, I discovered that heā€™s been cheating on me and had a 2 year-serious affair.

He later on admitted that heā€™s been cheating me for the past 12 years (different women) and it is still going on. He wasnā€™t using any protection so I stopped getting intimate with him for 2 years now to protect myself in contracting sexual disease, unless he can show a negative blood test, which he refuses to do because itā€™s humiliating to request such.

Pardon me for a long background informationā€¦


My marriage has reached a point where we cannot mend it. I want to file for divorce here but skeptical of the outcome if it will rule in my favour. I am only under ARC (Alien Resident Certificate). I am not after Taiwan citizenship because I recently acquired Australian citizenship.

Heā€™s a big businessman and has influential connections. He moved most of his money to offshore accounts & created a company name (under him and his childrenā€™s) and transferred most of his assets (real estate & stock shares) to his children from 1st marriage. However, there are still some that are under his name. He threatens to take me out with the very last cent I have should I decide to sue him.

Someone told me that his offshore accounts could be investigated and use it to pressure him to settle with me during the mediation process. He is evading tax for years. Also, I have to pay the court 1% of the amount I am claiming. The question is, will I pay every time I appeal? There are 3 tiers-District, Higher & Supreme.

Has anyone been in a similar predicament?

Although he admitted to having affairs and I have collected evidences such as their correspondences, boarding passes, receipts & pictures, itā€™s of no use in court unless I have a video showing them having sex. I have, however kept my pregnancy tests although my abortion records are gone (clinics only keep records for 7 years). I kept them because thatā€™s the only connection with my lost children that I still grieve for.

Another thing worth mentioningā€¦ I live most of the time in Australia. Is it desertion? Is it a ground for contested divorce? In the near future, I intent on getting employed in Australia because the allowance heā€™s giving me isnā€™t enough to support my family and he wouldnā€™t budge to increase it. I am desperate to augment my income.

Thank you and any input is highly appreciated.

Have you talked to a lawyer?

http://www.laf.org.tw

They have free consultations, with (theoretically) English speaking lawyers available on some days. Taipei City Hall and some other local governments also offer this kind of service on weekdays.


If you have proof :studio_microphone: :cd: that he admitted to having an affair, I think that should be enough. (Eavesdropping is illegal, but not when you have a valid reason for it.)

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sounds like a nice chap.

Yeah try contact the legal aid fondation.

Iā€™m really sorry to hear this. I wish you the best of luck. If you have the evidence of him cheating on you, it is very likely that youā€™d win.

If youā€™re just asking for a divorce, you donā€™t have to pay for 1% (also itā€™s not really 1%, itā€™s a bit complicated); youā€™d only have to pay for 3000 NT for the first tier since itā€™s not a lawsuit concerning properties, and unless he wants to drag this forever it is highly unlikely that heā€™d appeal. If he does, the appellant (aka he) would have to pay for the fees.

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Hi Gain!
Thanks for reply. I am planning to claim a compensation (derived from properties, bank accounts and stock shares). We hada discussion and I asked some assistance for my future but heā€™s stern.
He told me a thousand times (even though I didnā€™t tell him I would claim) that he will make sure to drain me of legal fees. He intend to drag this forever. Heā€™s got money to burn just to inflict pain in me.

Thanks for the info yyyā€¦ I will definitely consult one. Itā€™s never easy for an outsider to fight in a foreign land. All these years, he didnā€™t let me spread my wings to his advantageā€¦for his protection.

I used to admire him for these qualities (strong minded, clever in business and in life) but now that heā€™s using it against me is disheartening.:disappointed: Thanks BHL4 life.

Well bare in mind that Iā€™m not a lawyer (just a bar examinee lmao) and you should definitely consult one and take what Iā€™m about to say as a grain of salt.

It is possible to claim damage compensation for what he did (the cheating and stuff), but after the divorce, if you two never signed a prenup, if you own less than what he owns (which Iā€™m assuming is the case), you can get half of [what he has minus what you have]. Like hypothetically, you have earned 10 million since you two got married ,and he has 50 million, in theory youā€™d end up 20 million from him. Even if he tries to get away with it by hiding his assets, there are still bases to claim them.

So if I were you Iā€™d be mentally prepared for an ugly battle as this divorce would be a lot more expensive for him than for you. Heā€™d do everything he can to fight back.

Gain, I know I will be rammed hard. I considered this for a long time. Its not easy to get out of comfort zone but I am fully aware that I will regret not to even try. He intimidates me, which I interpret as having a fighting chance that I must pursue. Thank youšŸ™šŸ»

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Gain, another thingā€¦ I want to ask your opinion if itā€™s wise to threaten him to expose his offshore accounts to pressure him to settleā€¦ thanks!

Prenups are illegal in Taiwan.

Infidelity almost iimpossible to prove unless you walk in on him with anotehr woman and the cops. For him, he can ā€œarrangeā€ witnesses and doctor photos. So be on your guard at all times.

I woudl liek anyone, any foreign female preferably but male OK, who has gotten any compensation from a Taiwanese husband, to step in and excplain how they can do it.

As to OP, better plan for a future without him. How will you suppirt yourself, how will you stay if you want to. If you go back, how to support yourself will be an issue too. be thankful to God you have no children with this man, it is the only blessing.

Icon, you are sooo right. I am indeed lucky not to have any children with him. Husbands, or the one financially capable are usually, if not always awarded custody. Thats what happened to his first wife. I really hope someone with similar situation as mine could share their experienceā€¦

What I meant is not really ā€œprenupā€ per se, I just used the term as itā€™s easier. There is matrimonial regime, and if a couple doesnā€™t decide which one they use, they end up having the token one, which is the scenario I just described.

If she has the recordings of him confessing his infidelity then it is possible to prove it.

@marilen168 you should consult a lawyer about his tax evasion.

Lawyer. Yes. Lawyer, lawyer, lawyer.

Yep, will do Dawudā€¦I just want to arm myself as much information as I could. Itā€™ll help to mentally and emotionally prepare myselfā€¦ thanksšŸ˜Œ

Yes Gain. I intend to do just that. Itā€™s a bit tricky for it to traced thoughā€¦

In Taiwan? Or in the US? In Taiwan I thought you couldnā€™t have joint accounts even if you wanted to.

Icon, I donā€™t quite understand your question (and if itā€™s addressed to me). The accounts I was referring to are his offshore accounts to evade tax and also to protect himself against me in the event I claim in divorce.

There are a handful of different matrimonial regimes, but most people end up with the token one because most people never think of choosing one. With the token one your assets are divided into pre-marital and post-marital assets, and the pose-marital assets would be subjected to distribution after the marriage is over/death of the spouse.

Common property system is one of the options. Itā€™s not about bank accounts.

This is a stupid title for a thread. The only one who wins in a divorce is the lawyer. Or anyone with a vagina if you live in California. :laughing: