Legalities of consenting divorce

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...
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Legalities of consenting divorce

Postby LordBritish » 25 Jun 2010, 16:10

I've got three kids, and my wife and I (married 7 years) both want to get a divorce. She brought it up last night, actually. She said that she will give me custody of the kids and half the house (which is in her name). She could genuinely mean it, but of course, it is possible that she's playing a game and has ulterior motives. In the past, every time she mentioned divorce, even though I really wanted one, I always said that we would not get one under any circumstances.
I made it very clear to her that I would never divorce her if I didn't gain custody of the kids and half the assets. Also, as I would never cheat on her, she'd never have anything against me. She said that I can go and draw up the divorce papers with the conditions and she'll sign it. I know that the divorce papers are available at any bookstore.
My questions are:
1) If she agrees and signs, how can it be made into a legally binding document?
2) Also, if she decides to go back on her word, is there anything that I could do?
3) Do I need to have the papers done by a lawyer (if both parties consent), or can we do it ourselves and take the documents into the courts or something?
Thanks everybody
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Re: Legalities of consenting divorce

Postby Northcoast Surfer » 25 Jun 2010, 16:13

Brettl wrote:I've got three kids, and my wife and I (married 7 years) both want to get a divorce. She brought it up last night, actually. She said that she will give me custody of the kids and half the house (which is in her name). She could genuinely mean it, but of course, it is possible that she's playing a game and has ulterior motives. In the past, every time she mentioned divorce, even though I really wanted one, I always said that we would not get one under any circumstances.
I made it very clear to her that I would never divorce her if I didn't gain custody of the kids and half the assets. Also, as I would never cheat on her, she'd never have anything against me. She said that I can go and draw up the divorce papers with the conditions and she'll sign it. I know that the divorce papers are available at any bookstore.
My questions are:
1) If she agrees and signs, how can it be made into a legally binding document?
2) Also, if she decides to go back on her word, is there anything that I could do?
3) Do I need to have the papers done by a lawyer (if both parties consent), or can we do it ourselves and take the documents into the courts or something?
Thanks everybody
Regarding the house. Before you consent to divorce, you should go to the land title office and have your wife "gift" at least 50% of the house to you first. That way, you have a legal piece of paper which states you own a certain percentage of it.
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Re: Legalities of consenting divorce

Postby LordBritish » 25 Jun 2010, 16:48

Excellent advice.
Thanks
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Re: Legalities of consenting divorce

Postby Northcoast Surfer » 25 Jun 2010, 17:12

Regarding your immigration status in Taiwan.

1. What is your current status?

a. Employment based ARC?
b. JFRV Spousal ARC?
c. APRC permanent resident?
d. Citizen of Taiwan?

If you currently hold a JFRV Spousal ARC, it would be in your best interest to apply for an APRC or Taiwan citizenship before consenting to a divorce. Unless you legally get custody of your children, and a judge upholds the law, :roflmao: , you would be in a difficult situation if your JFRV status ends upon getting divorced. It's much better to have an APRC based on your own rights, than be a possible victim with a JFRV ARC.
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Re: Legalities of consenting divorce

Postby LordBritish » 25 Jun 2010, 17:15

I've got a JFRV, but I'm going to get an APRC very very soon.
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Re: Legalities of consenting divorce

Postby I am a City Girl » 26 Jun 2010, 02:01

Brettl wrote:My questions are:
1) If she agrees and signs, how can it be made into a legally binding document?
2) Also, if she decides to go back on her word, is there anything that I could do?
3) Do I need to have the papers done by a lawyer (if both parties consent), or can we do it ourselves and take the documents into the courts or something?
Thanks everybody


1) Bring the signed divorce paper with 2 witnesses signatures on it, your APRC, 3 passport pictures (within latest two months) and then go to the househould registration office with your ex-wife (to be). Then it's done! Literally you will be the free man again on the divorce registration date.
2) Yes, you can request her to carry out her obligations under the divorce agreement. If she does nothing,you can, of course, consider filing a lawsuit against her. Though I'd suggest you might have to think what's the point you win or lose the case when the marriage has already gone and how would you explain all these to your children.
3) You can either draft by yourselves or hire a lawyer to have the thing done.


Good Luck
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Re: Legalities of consenting divorce

Postby LordBritish » 26 Jun 2010, 14:50

Thanks for that. I'll get them drawn up and witnessed, then hold onto them until my APRC comes through.
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Re: Legalities of consenting divorce

Postby Northcoast Surfer » 26 Jun 2010, 17:02

Regarding laws in Taiwan.

There are no laws that can't be ignored and hardly any that can be enforced. Even if you get your divorce agreement all drawn up and signed, there is no guarantee that your wife will follow it after the divorce is finalized. Additionally, there are no gaurantees that any judge in Taiwan will enforce any legally binding documents or even his/her own judgements!

Case in point. Forumosa member pgdaddy has been through hell and back regarding custody of his son. He even won a court order which granted him visitation rights, however minimal, which is wife and the rest of her family has ignored. If I remember correctly, the judge himself went to his ex-wife's place of employment to direct her to produce pgdaddy's son and abide by his visitation judgement. She refused to comply with the judges demands and nothing happened to her beyond a minimal fine which she refused to pay. Pgdaddy hasn't seen or spoken to his son in over a year and no one with any power is willing to assist him. You can PM him to get some insight and also follow some threads he's posted in to see how he's faired regarding divorce and child custody in Taiwan.

My wife locked me out and refuse to let me see my baby

Enforcement of visitation rights

Need help locating my son, Leo Wang

How is my son going to be, growing up in Taiwan without me?

Remember, in the eyes of the Taiwanese people you are just a lousy foreigner, but your wife is a Taiwanese. As racist and discriminatory as it is, that makes all the difference regarding issues of divorce and custody of children in Taiwan.

Proceed carefully.
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Re: Legalities of consenting divorce

Postby Okami » 26 Jun 2010, 19:17

Listen to NCS, we usually have this happen about every 3-4 months where some poor bastard is going through a divorce and losing everything.

Assets: Split them now before the divorce
House: Have her gift 50% just like NCS said
Kids: Expect to lose them unless your wife is unable to take care of them on her own. They are what the not-so-polite on this board refer to as "bargaining chips". Because if she decides that you aren't going to see them and they aren't leaving the country, then you aren't going to see them and the kids are never leaving the country.
APRC: Get it done now, this will show good faith on her part.

I'd say work out and finalize everything before you sign the divorce papers. I'd actually recommend buying NCS dinner and picking his brain on what you should all do beforehand. You could even get a clean bag of shit out of it for your APRC.(inside joke) :p

About the ulterior motives, my guess is that she has loads of them. She has got to be really insecure and worried at this moment and should be acting slightly irrationally. I'd pay attention to who she is hanging out with and what their relationship is to you.

Wallowing in cynical paranoia,
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