Marriage Contract After Marriage?

[sandman]

I think its important here, especially for foreigners married to locals. Not because of trust issues in the marriage but because in the event of her death, the foreign partner will be on VERY shaky ground in terms of any assets and could easily see the government or courts or family just taking the lot, leaving you bereaved, broke and with a shaky visa situation.

And we are saying that someone in her family, be it her or a relative with clout in her life, will NOT see it this way. This is a concept we get but she very likely will not grok- and will grok some other completely different thing, a la: I want to leave you but I want to make sure I get to keep the house.

No argument from me. Its a conundrum, though. Do they have wills here? I guess they must, surely, but I've never heard of them.

[MilkTeaJack]

It just occurred to me: what if a 3rd party introduced the idea of a postnup to both of them? A mutual friend who exclaims, "What! You don't have anything to protect each other in the event of blah blah blah? Are you two insane? Go get yourself a contract asap!" And the two of you both put something down on paper, have a lawyer both of you know take a look at it, and then submit it somewhere.

[kitedili]

Thank you all for your comments. Actually, we have been married for 7 years, we married in europe and had our marriage recognised in Taiwan. We are living in Taiwan for the last 2.5 years. Our relationship is not that good now, and we decided to live separately (for a while?), without divorcing (yet), so I can keep my ARC. We agree both that we should separate financial responsibilities to each other, she doesn't want to be responsible in case I have debts and on my side I want the same. So that's why I was wondering if there is any possibility to sign some documents in order to separate our responsibilities to each other. So far, our separation is going well (it is recent...), and we are (still) on good terms.

[Northcoast Surfer]

So far, our separation is going well (it is recent...), and we are (still) on good terms.

Whatever you do, do not under any circumstances start dating any other girls or actually get involved to the point of boyfriend/girlfriend whilst you are still married. The separation won't continue to go well, and you won't be on good terms, to include legal standing in the event of a lawsuit for adultery.

[scomargo]

I think this may be the type of thing you're looking for, but I know very little about things like this so I could be wrong: http://en.wikipedia.org/wiki/Legal_separation

I think I remember reading about this when I was reading about John Edwards (the US politician) separating from his wife.

[pgdaddy]

Thank you all for your comments. Actually, we have been married for 7 years, we married in europe and had our marriage recognised in Taiwan. We are living in Taiwan for the last 2.5 years. Our relationship is not that good now, and we decided to live separately (for a while?), without divorcing (yet), so I can keep my ARC. We agree both that we should separate financial responsibilities to each other, she doesn't want to be responsible in case I have debts and on my side I want the same. So that's why I was wondering if there is any possibility to sign some documents in order to separate our responsibilities to each other. So far, our separation is going well (it is recent...), and we are (still) on good terms.

Do you have children and if so who are they living with ?

[Tigerman]

Just basic contract law - what is the consideration? i.e. if you or your wife agree to give something up in terms of your rights within the marriage, what do they (or you) get in return?

Consideration is not required in Taiwan to form a contract.

Do they have wills here?

Yes.

I have been married to a Taiwanese girl for few years already, and I wonder if it is possible to sign a marriage contract after a marriage in order to deal with financial issues (responsible for owning assets and debts, rights and responsibilities if and when the marriage should break up...etc) ?
If yes, does anyone know the procedure and which government office would be in charge?

You should go talk to a Taiwanese attorney. Taiwan law provides for several different marital property regimes that determine how assets are divided in the event of a divorce, or perhaps death (not sure about that). The couple simply jointly selects which of these several regimes will be used to divide property in the event of a divorce.

Edit: Just found this:

Taiwanese matrimonial property regimes apply to couples whose marriages are recognized as valid in Taiwan.

Under Taiwan’s laws, a married couple can sign a contract agreeing to either a Community Property Regime or a Separate Property Regime. In the absence of such an agreement, the couple’s property will be subject to the Statutory Regime.

Under the Community Property Regime, “separate property” is limited to: gifts designated by the donor as separate property, property essential to the husband or wife’s occupation, and property earmarked for exclusive personal use of the husband or wife.

With the exception of “separate property”, all of the couple’s property and income is “common property” and owned by the couple in common. The husband or wife must have the consent of the other to dispose of common property.

Under the Separate Property Regime, husband and wife each retain and manage their own property as “separate property”. Each has the right to exclusively manage, use, depose of and receive profits from his or her own property.

Under the Statutory Property Regime, property separately owned by the husband or wife prior to marriage is “premarital property”, and will remain under the sole ownership and control of the respective husband or wife. Proceeds from such premarital property (such as interest or rent income) accumulated during the marriage, and all property acquired in the marriage, are “marital property”, and are owned by the couple jointly.

Marital property in relation to inheritance is subject to the rules on “Reserved Portions”

[catfish13]

Are prenups considered legally binding documents in Taiwan? Just wondering of course, obviously you guys are talking about postnups which are essentially the same thing. Well, I guess technically not since local laws re: marriage probably prevail against postnups since it's an agreement decided after you've legally established your relations with your partner.

[Tigerman]

Are prenups considered legally binding documents in Taiwan?

I think that in theory prenups are valid under Taiwan's Civil Code... But, in practice, prenups are often ruled invalid for violating Taiwan's "good morals" with respect to alimony and child custody issues. You should speak with a Taiwanese attorney to make certain this is correct and or to clarify.

[hitmark]

you mean that marriage contact with another one after existing marriage contract with previous one? Is it right.
I think it is Judicial problem and you should consult with local Lawyer.
I hope it will help you.