divorce looming

Procedures, processes, and the legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

divorce looming

Postby jazzbass2 » 16 Jun 2009, 12:28

Hi all - basically my situation is - divorce looming - I'm a british citizen and my wife is Taiwanese and holds a british passport having married in the UK - my kids have dual nationality (born in UK).
I hold an ARC through marriage.
We are currently buying property in Taiwan in her name - mortgage paid for the last 4 years (joint payments).
My question is where do i stand if the shit hits the fan, right now she is trying to get me to sign a uncontested divorce document, which i refuse to do - the consequences of not signing being a lawyer and a contested battle.
I do not want to leave Taiwan having built a life here but have no solid info on the outcome of divorce over here - any information appreciated
jazzbass2
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 4
ORIGINAL POSTER
Joined: 15 Jun 2009, 09:43



Re: divorce looming

Postby Okami » 16 Jun 2009, 13:04

From what I understand, just refuse to sign. As long as you haven't beat her or cheated on her, then there isn't a lot she can do. A contested divorce is almost impossible for her to get as long as you refuse to be divorced.

Better qualified people will weigh in and give you better advice.

I'd personally say I'd do it for cash, but want the cash first then refuse to sign after I had hid the cash. :fume:
Professor Walter Williams has remarked that he’s glad he went to college “before it became fashionable for white people to like black people.”
Forumosan avatar
Okami
Second Landlord (èr fáng dōng)
Second Landlord (èr fáng dōng)
 
Posts: 2549
Joined: 21 Sep 2002, 20:10
8 Recommends(s)
22 Recognized(s)



Re: divorce looming

Postby bismarck » 16 Jun 2009, 13:27

I see three problems for you:
1. Residency after divorce.
2. Custody of the kids.
3. Money invested in the property you've paid jointly but which is in her name.

I suggest you find out what you can regarding residency after divorce. I know you can still retain your JFRV after divorce if you have dependents, but not to sure on the details.
As to custody and the property, I suggest you go see your own lawyer who can then draw up a similar uncontested divorce settlement, but with your terms regarding custody and a financial settlement regarding the property.

With regards to the first issue, this is something that really pisses me off. It's way too easy for Tw citizens to attain citizenship of a spouses country AND keep their original citizenship. Meanwhile us married to Taiwanese folk are left at the mercy of unfair laws and the wims of sometimes crazy women.
To be honest, this was probably the biggest deciding factor for me to apply for naturalization. I was almost in the same boat a while back and I was mortified that if I had been on a JFRV I could very well have found myself in the situation where I may have had to leave the country and have my son raised by people I wouldn't trust with...
Anyway, I would suggest you make that a priority. Even use it as leverage that she needs to help you with that or else you wont sign anything.

Best of luck.
Image
World Champions 1995, 2007; Tri-Nations champions 1998, 2004, 2009; Grand Slam Champions 1912/13, 1931/32, 1951/52, 1960/61; Defeated British & Irish Lions 1903, 1924, 1938, 1962, 1968, 1980, 2009
Image
Super 14 Champions 2007, 2009, 2010
Don't talk to me about naval tradition. It's nothing but rum, sodomy and the lash.
Sir Winston Churchill

Second of all, as in all honeymoons, all is well until it is not. It is until the unexpected happens that you will see all grievances surface -ask anyone in any relationship. The girl can chew with her mouth open, that if you love her, you do not care. If you do not lover her, if her pinkie toe is half an inch deviant, the relationship is doomed. - Icon
Forumosan avatar
bismarck
Maitreya Buddha (Mílèfó)
 
Posts: 11605
Joined: 07 Jan 2005, 04:44
Location: Tainan City 台彎, 台南
150 Recommends(s)
143 Recognized(s)



FRIENDLY REMINDER
   Please remember that Forumosa is not responsible for the content that appears on the other side of links that Forumosans post on our forums. As a discussion website, we encourage open and frank debate. We have learned that the most effective way to address questionable claims or accusations on Forumosa is by engaging in a sincere and constructive conversation. To make this website work, we must all feel safe in expressing our opinions, this also means backing up any claims with hard facts, including links to other websites.
   Please also remember that one should not believe everything one reads on the Internet, particularly from websites whose content cannot be easily verified or substantiated. Use your common sense and do not hesitate to ask for proof.




Proceed to Divorce



Who is online

Forumosans browsing this forum: No Forumosans and 1 visitor

There are but three events in a man's life: birth, life, and death. He is not conscious of being born, he dies in pain, and he forgets to live -- JEAN DE LA BRUYÈRE