In Taiwan, a prenuptial agreement is commonly known as a "marital property agreement" or "property partition agreement." It is a legal contract entered into by a couple before they get married or enter into a registered partnership. The purpose of a prenuptial agreement is to establish the distribution of assets and debts in the event of a divorce, separation, or death.
Here are the general steps involved in creating a prenuptial agreement in Taiwan:
1. Consult with an attorney: It is advisable to seek legal advice from a qualified attorney who specializes in family law or matrimonial matters. They can guide you through the process and ensure that your agreement meets the legal requirements.
2. Discuss and disclose financial information: Both parties should have an open and honest discussion about their financial situation. This includes disclosing assets, debts, income, and any other relevant financial details. Transparency is crucial to creating a fair and comprehensive prenuptial agreement.
3. Identify the terms and conditions: You and your partner need to determine the terms and conditions that you wish to include in the prenuptial agreement. Common provisions may cover the division of assets and debts acquired before and during the marriage, spousal support, and inheritance rights. Each couple’s circumstances are unique, so it’s important to tailor the agreement to your specific needs and concerns.
4. Draft the agreement: Your attorney will prepare the prenuptial agreement based on your discussions and requirements. The document should be clear, specific, and written in language that both parties understand. It should comply with the legal requirements of Taiwan and address any relevant legal provisions or limitations.
5. Review and negotiate: Once the initial draft is prepared, review it carefully with your partner and your respective legal advisors. This is the time to negotiate and make any necessary changes or additions to the agreement. Both parties should have an opportunity to provide input and seek amendments as needed.
6. Notarize the agreement: In Taiwan, it is strongly recommended, though not strictly required, that prenuptial agreements be notarized to be legally valid. Schedule an appointment with a notary public or a notary office to have the agreement notarized. Both parties must be present and sign the agreement in the presence of the notary public.
It’s important to note that laws and regulations can change, so it’s crucial to consult with a local attorney who is familiar with the current legal requirements and procedures in Taiwan. They will provide personalized guidance based on your specific circumstances.