Showing posts with label foreign_spouses. Show all posts
Showing posts with label foreign_spouses. Show all posts

Saturday, September 22, 2018

Tricked Into Divorce (no, not me)

A friend sent me this the other day: it's a document translated in Chinese, Japanese, English and several Southeast Asian languages asking foreign spouses at the registration office filling out divorce paperwork if they agree to get a divorce.



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Apparently, the police require this for all foreign divorces in Taiwan now, as it is too common for a Taiwanese spouse (usually male) who wants to divorce (usually a Southeast Asian woman who can't read Chinese) to take her to the local housing registration office saying they have to "fill out some paperwork", perhaps saying it's about some unrelated thing, and then divorcing her without her knowledge.

While it's not so easy in Taiwan for someone to divorce their spouse if that spouse doesn't agree, these 'trick' divorces made it look like the wife agreed - after all, she signed the paperwork without complaint. If both spouses agree, the process of legal divorce takes less than half an hour (in terms of splitting assets, I have no idea).

Once the divorce is final, the foreign spouse - again, usually a woman who doesn't speak or read Chinese - has 48 hours to leave the country. No time to demand access to assets or other support. Possibly no time to even go to the bank, if she has a bank account in her own name, which she likely doesn't. No realistic way to take any children with her. She's out, she gets nothing, quite possibly returning to a life of miserable poverty, and he gets a clean break and to keep everything. It is extremely difficult if not impossible to fight for a fair division of assets once out of the country, and as far as I know there is no legal way to apply to stay on such short notice (though I'm not sure about that, and if there were, it's not clear that someone who can't read Chinese and might not even have her own transport would be able to access it.)

This is absolutely evil, that goes without saying. It is wrong. It cannot be tolerated.

The good news is that the Taiwanese government got its act together (that happens sometimes!) and put together this form, which is now standard with foreign divorces. Unless the spouse is illiterate - in which case I suppose an interpreter would be necessary and locating one on short notice would pose other problems - it clarifies for the soon-to-be-erstwhile foreign spouse what is happening. 

If in fact she is being tricked, she can then refuse to sign the divorce papers, which buys her time and therefore better access to legal services to fight for assets and custody. She's not left penniless on a plane back to her country of birth without so much as the chance to give family there (if she has any) advance notification to expect her.

This doesn't solve every problem with the rules surrounding foreign spouses: if you knowingly divorce or your spouse dies and you were unable to obtain an APRC (or just had not done so) - keeping in mind that the men who marry Southeast Asian women may not meet the required income threshold for her to get an APRC, if she even knows that's an option - you also have few options for staying in Taiwan, and that's not right.  However, it deals with a massive issue many of us had no idea existed. It materially improves an issue facing foreigners - especially foreign women - in Taiwan.


One thing that helps with this is that the document itself is very simple - one easy-to-understand question and very simple choices of answer (so if there is some ability to read but overall literacy level is not high, it should still be comprehensible), which shows sensitivity to the situation of these women. It might seem to us that any foreigner who comes to Taiwan would be literate in their own language, but when it comes to women brokered through the marriage industry (and it is very much an industry) here, that's not guaranteed to be true. 


I don't often say this, but good job, Taiwanese government. You did the right thing.