chikuguy wrote: I'm getting divorced and my wife has typed up a divorce agreement. Some of the clauses are:
1)The visitation rights shall be excercised not against the will of the minor, and not where it would interfere with the minor child's schoolwork or daily schedule.
Part of the reason we're getting divorced is that my wife on a daily basis takes my daughter to her parents, and wants that to continue. I'm worried about the second clause in the above paragraph, that my wife can organise classes etc. and can use that as an excuse, to continue denying me seeing my daughter.?
Let's see, she sets the daily schedule... interesting, I would not sign that one. Secondly, the minor should not have any say in the matter of visitation rights, unless his/her safety was at stake, and to cap it all, I would only make school work a legal excuse.
I signed a divorce agreement here, however one my lawyer wrote. We had none of that crap in it.
chikuguy wrote: 2)I'm a student at the moment, my wife (soon to be ex) is a music teacher earning in excess of 100000NT/month. One of the clauses is that I have to pay 6000/month to her, until my daughter's 22, and any irregularity can have me extradited from Taiwan.
Is this standard??
Child support in Taiwan is based on your ability to pay, however I would still pay some to the child graduates from high school.
According to my knowledge a missed or late payment or 2 should have no influence on your right to stay. If they sue you and try to have you kicked out on this, say sorry to the judge, explain about hard circumstances, and pay some in front of the judge or mediator. I doubt that it would end in front of a judge, who AFAIK has no right to kick you out in cases like this.
I smell bullshit. Dump it.
I used to pay child support too, this was a few years ago, and the amount per child was a bit lower. I later stopped paying, with my reason for going deadbeat was that the kids lived with me. I have - however - held onto receipts showing me paying the school, the ccram school etc. since I stopped paying my ex.
She mentioned the possibility of her suing me if I did not resume my payments, I asked her to take me to court. I cleared it with a lawyer beforehand, no need to be stupid. Needless to say, I have not heard a word from my ex in this respect since.
chikuguy wrote: 3) The husband acknowledges that he is proficient in Chinese, and that he has read and fully understood the agreement beofre signing it.
I can read some Chinese, but fluent is noit a word I'd use to describe my Chinese reading ability. Can this be ommitted?
Well yes. Are you proficient in Chinese, do you understand every word? I did, however it was a moot point as someone working for me wrote the divorce.
OK, here's my take on it.
Waht your ex wife is angling for is a divorce by consent, Ie you agree to this, you both sign, and you go down to the household registry with 2 witnesses and get it down with in 20 minutes. If the 2 of you by "mutual consent" add the clause that you have to climb Seven Star mountain naked every full moon, and it gets regustered, it may be enforceable.
You woiuld laugh at such a clause, wouldn't you? I am doing the same with some of the clauses your ex. and her internet jaunt (there are sites packed with those agreements, I kid you not) or fucking horrible lawyer got in.
First of all if later contected in court several of the clauses you mentioned will not hold up. Only a very poor lawyer would advice his or her client to put such shite in. After all it has to hold up in court if need be.
OK, the mutual consent thing means that yoiu ahve to actually agree, and that noone in the ROC can force you to sign until your very valid concerns are adressed. Noone, not your wife, her lawyer if any, her mother, father, third brother with the watermelon knife etc. You have to agree. Moreover, if it's your wife who's itching for a divorce, then you are in luck, as getting a divorce against the will of the other part in Taiwan is a bit cumbersome, as long as you don't have any uglies, like spousal violence, diseases, etc. lurking somewhere. (Obviously, your sex life will take place in China until you are divorced, however that's a small price to pay).
So good luck, don't let them push you into anything. Get a Chinese friend to write one up where you demand that:
1. You get full custody.
2. She has to pay NT460,000 to you every month from now and until the child graduates from his/her PhD.
3. If she misses a payment, you are entitled to 50% of her assets at the time of default.
Alternatively, get a lawyer and refuse to cooperate point blank if they ask you to sign anything going against yyour interests as a father.
My ex wife put trite shite like that in front of me as well, however I laughed her off, and came with mine - which btw was written by a lawyer.