Signing a divorce agreement in a hurry? One line can cost you the house: check property, debts, children, formalities

You are divorcing and your spouse hands you an agreement saying "neither party makes any claim against the other", and you sign to get it over with. In Taiwan that line usually means giving up the division of remaining marital property, so you may get nothing of the house or savings acquired during the marriage. Before signing, spell out property, debts, children and maintenance item by item, and get the formalities right so the divorce takes effect.

01Step 1: list the property item by item

Civil Code Article 1030-1: when the statutory marital property regime ends (for example on divorce), the difference between the spouses' remaining property acquired during the marriage is, in principle, split equally. An agreement that just says "neither party makes any claim" usually gives up this right.

List the home, cars, savings, shares and insurance policies acquired during the marriage.
State clearly who gets each item.
State how it will be transferred and by when.

02Step 2: write down who pays which debt

Who pays the mortgage.
Who pays the car loan.
Who pays the credit card debt.

03Step 3: children: parental rights, support, visits

Civil Code Article 1055: on divorce, the parents agree whether one of them or both jointly exercise the rights and duties over their minor children.

Who exercises parental rights (custody, 親權), or both jointly.
How much child support each month and when it is paid.
Visiting arrangements: times, places, pick-up and drop-off.

04Step 4: maintenance or compensation: amount and deadline in writing

If you want maintenance or compensation, write the amount.
Write the payment deadline or instalments.
Verbal promises are hard to enforce; put everything in the agreement.

05Step 5: get the formalities right or the divorce is not valid

Civil Code Article 1050: a divorce by mutual consent must be in writing, signed by at least two witnesses, and registered with the household registration office.

A written agreement.
At least two witnesses who personally witness it and sign.
Both of you go together to the household registration office to register the divorce.
Bring your ID cards, seals, household registration book (戶口名簿) and the agreement.

Department of Household Registration, Ministry of the Interior — Documents needed to register a divorce

06Step 6: already signed and left property out?

Civil Code Article 1030-1: the claim to divide remaining property lapses 2 years after you learn there is a difference, and in any case 5 years after the statutory property regime ends (for example on divorce).

Property the agreement left out: you can still claim a division within these limits.
If the agreement clearly waived the claim, it is hard to raise it again.
Gather what you know about your ex-spouse's property acquired during the marriage, then have a lawyer assess it.

07Step 7: large sums, property or children? Have a lawyer read it before you sign

Legal Aid Foundation, 412-8518.
The family service centre at each district court.

08Things to watch

Only property acquired during the marriage counts; inheritances, gifts and pain-and-suffering compensation are excluded (Civil Code Article 1030-1).
If you and your spouse agreed on a separate property regime (分別財產制), there is no remaining-property division to claim.
Witnesses must genuinely know you are divorcing and sign in person; casual signatures risk the divorce later being challenged as invalid.
Once signed and registered, the agreement is usually hard to undo; ask your questions before you go to the registration office.