Some answers about divorce in Taiwan

[Mr He]

When applying for the APRC, I obtained tax records by myself, that was not a major problem.

[spaint]

In my experience, another big hurdle is proving that you have paid local Taiwan income taxes. Since in the majority of the situations in which I am aware, the taxes for the husband and wife are filed in the name of the Taiwan spouse, that means that any documentation regarding PROOF OF TAXES PAID (whether for the husband or the wife) must be applied for by the Taiwan spouse.

Obviously, if the husband and wife are not on speaking terms, that could be difficult.

To my knowledge, proof of local taxes paid is indeed one of the requirements for getting an APRC.

No longer the case. They changed this rule the very week I applied for my APRC in 2009 (and after all the effort I went through to obtain my proofs of payment...)

If you file jointly, either party has the right to get the records. At least, such was the case in 2006.

It's like household registry, if you are the foreign spouse and you are registered as such, you have a right to get them.

That's not true. When a couple files "jointly" one partner is listed as the primary taxpayer (納稅義務人), while the other is just the spouse. The Spouse has no legal recourse to obtaining any documentation from the tax office and effectively cedes such rights in perpetuity (directly translated from the tax code) to the so-called primary taxpayer. To apply for documentation from the tax office, the Spouse must have either the Primary Taxpayer present, or a power of attorney from him/her authorizing such application. Believe me, I went through a lot of grief on this issue.

viewtopic.php?f=69&t=80510

It is only in the last couple of years that foreigners have been able to file taxes online as primary taxpayer, because the old software only recognized ROC ID numbers.

[Mr He]

I do not recall how I got them actually, however they required me to backpay some tax.

[Yoman Prince]

I think you have to be here - also, you or at least one of you would have to be resident, but not sure.

I did mine at the household register, took 10 minutes, do not recall any fees, however some might have applied, but again not a whole lot.

I will be there. But he is the Taiwanese citizen. He will be in Canada, but he said he will send me whatever I need to get it done.

[dasaint]

I think you have to be here - also, you or at least one of you would have to be resident, but not sure.

I did mine at the household register, took 10 minutes, do not recall any fees, however some might have applied, but again not a whole lot.

Can you get a divorce here in Taiwan if you are married elsewhere? This is marriage between a foreign bride and a taiwanese.

[bismarck]

I think you have to be here - also, you or at least one of you would have to be resident, but not sure.

I did mine at the household register, took 10 minutes, do not recall any fees, however some might have applied, but again not a whole lot.

Can you get a divorce here in Taiwan if you are married elsewhere? This is marriage between a foreign bride and a taiwanese.

I believe you can, if the marriage is registered here and she's registered on her Taiwanese spouse's Household Registration.

[candidate]

Dear Sir

I am going through a divorce with my TWnese husband in HK as I am hknese, married for over 10 years, the hearing had been going on for over a year now since last year september and I have recieved a decree nisi lask month, but the husband had started taking divorce proceedings in TW which the hearing is schedule for sometimes this month, I have not recieved the petition from him. I think he is trying to outrun or over take the proceedings in HK since there are ancilary relief involved. And if he can get a divorce in TW first then there will be no marriage to disolve in HK But the fact that I have recieved the Decree Nisi, what shall I do??? shall i just ignore the proceedings in tw? what will happen if i didn't attend since i didnt' recieve any petition? Shall i write in to ask for stay? Please please please help!!!!!!

I worry that the divorce in tw would be faster.......

Regards

Candidate

[Mr He]

What is his legal reason for divorce?

Remember that if you object, you are likely to be able to drag things on here for a long time.

You should ally yourself with a lawyer and show up at the hearing.

[candidate]

The problem I am facing is the jurisdiction, since I have already begun in hk with the divorce proceedings,
if i join in the tw divorce hearing that will ruin the jurisdiction and the HK court would say since you are doing the same thing in tw
you should just go to tw and collapse the hearing in hk.

Regards

Candidate

[tsukinodeynatsu]

Can you petition the TW court for the same reason? There's already a hearing going on in HK so there's no reason for him to open up the same case in TW.