FAMILY LAW
Family law is an area
of the law that deals with family-related issues and domestic
relations including, but not limited to: the nature of marriage,
civil unions, and domestic partnerships.
Furthermore, thru many years of practice, we have realized that the entrepreneurship of many Taiwanese citizens that established business and a family abroad originated the generation known as ABC –American Born Chinese-. All these American citizens still have rights under Taiwanese laws, including the right to inherit.
Our Law Firm has a large background representing the interests of citizens abroad as well as their keen with complete professionalism and with satisfactory results.
F.A.Q.
1. I am an American citizen and I want to marry a Taiwanese citizen, is valid a prenuptial agreement issued by the Taipei Economic and Cultural Office in America?
According to the Civil Code §72 of the ROC, a prenuptial agreement is valid, unless it’s against public policy or morals. But what’s “public policy or morals”? In the ROC if an article of prenuptial agreement involves divorce issues, such as alimony or custody of minor children after divorce, it’s invalid because violates public policy or morals of the ROC. It is very different from the American and European law, and we shall pay more attention to it for a valid prenuptial agreement.
2. My grandfather just passed away in Taiwan and my relatives says that I don’t have any rights over his assets or that he didn’t leave anything. Can your law firm research such private information?
According to the Civil Code §1138, §1139 and §1140 of the ROC., if before opening of the succession, your grandfather has no living sons and daughters, or your father has died or lost the inheritance, you has the right to inherit your grandfather’s estate. Also, our Law Firm can do the research of your grandfather’s income and property list through the ROC National Tax Administration.
3. It is true that any child conceived outside of the marriage doesn’t have any right to inherit?
According to the Civil Code §1065 and §1138 of the ROC., a child conceived outside of the marriage who has been acknowledged or maintained by the natural father is deemed to be legitimate, and the child has the right to inherit his natural father’s estate.
4. We got married in Taiwan and now we want to divorce, do we have to return to Taiwan?
It shall depend on the individual situations. Roughly speaking, except the wife and husband are foreigners, if you followed the Civil Code §952 of the ROC. and got married in Taiwan, you shall return to Taiwan to do the divorce registration at the household administration authority in accordance with Civil Code §1050 of ROC.
5. I just received a notification in Traditional Chinese, can you translate it?
Of course! Keep in mind that the written mandarin of Taiwan is different to the one in Mainland China, which makes almost impossible to any other Chinese to be able to read it. We are well acknowledged in both kind of written mandarin as well as English, Spanish, German and Italian.
