When going through a divorce, one of the crucial steps is creating a divorce agreement that outlines the terms and conditions of the separation. Below is a sample divorce agreement template that can be used as a starting point for couples seeking a divorce in Taiwan. However, it is highly recommended to consult with a local attorney who specializes in family law to ensure that the agreement meets all legal requirements and adequately protects the rights and interests of both parties.
Divorce Agreement Template:
1. Dissolution of Marriage:
a. The agreement begins by acknowledging the lawful marriage of the parties and their mutual desire to dissolve the marriage.
b. It emphasizes the intention to initiate divorce proceedings in accordance with the laws and regulations of Taiwan.
2. Division of Assets and Liabilities:
a. The template emphasizes the need for the parties to agree on the division of assets and liabilities.
b. Parties are encouraged to provide a detailed description of the assets and liabilities to be divided, along with a proposed distribution plan.
c. Cooperation in executing the necessary documents to effectuate the division of assets and liabilities is also stressed.
3. Child Custody and Visitation:
a. In cases where the couple has children, the agreement emphasizes the importance of creating a mutually agreeable parenting plan.
b. It highlights the need to address custody, visitation rights, and other matters concerning the well-being of the child/children.
c. The focus is placed on acting in the best interest of the child/children and promoting a healthy relationship between the child/children and both parents.
4. Child Support:
a. The template underscores the parties’ responsibility to provide financial support for the child/children based on their respective financial means.
b. It clarifies that the specific amount and method of child support should be determined in accordance with the laws of Taiwan.
5. Spousal Support:
a. The agreement includes a provision addressing spousal support or alimony.
b. Parties are given the option to waive any claims for spousal support, while acknowledging that a court of competent jurisdiction may modify this provision under certain circumstances.
6. Confidentiality:
a. The template stresses the importance of maintaining the confidentiality of the agreement, except when required by law or necessary for its enforcement.
7. Governing Law and Jurisdiction:
a. The agreement specifies that it will be governed by and construed in accordance with the laws of Taiwan.
b. It designates the exclusive jurisdiction of the courts of Taiwan for any disputes arising out of or related to the agreement.
8. Entire Agreement:
a. This section highlights that the agreement constitutes the entire understanding between the parties, superseding any prior discussions, negotiations, or agreements.
9. Amendments:
a. The template requires that any amendments to the agreement be made in writing and signed by both parties.
While this sample divorce agreement template provides a general framework for couples seeking a divorce in Taiwan, it is crucial to consult with a local attorney who specializes in family law. They will ensure that the agreement is tailored to your specific circumstances and complies with the laws and regulations of Taiwan. A legal professional can offer guidance, protect your rights, and help you navigate the complexities of divorce proceedings, ensuring a fair and equitable resolution for all parties involved.