family law

This category compiles FDLAW articles on family law related to divorce, custody, meeting arrangements, alimony, property division, inheritance, and wills. For comprehensive divorce and family law services, please refer to this section.Fidelity Law Firm Family Law ServicesIf the main issue is guardianship arrangements for minor children, please read further.A Complete Guide to Divorce Custody and the Best Interests of Children.

Does premarital property need to be divided in a divorce? First, distinguish between gifts from parents, inheritances, interest accrued, and repayments made after marriage.

Remember these four principles: 1. Premarital property does not automatically become jointly owned by the couple upon marriage; 2. Inherited property or property given as a gift by parents is generally not included in the remaining property balance; 3. Interest accrued on premarital property after marriage, as well as debts incurred after marriage, must be analyzed separately; 4. Most importantly, preserve evidence, because if it cannot be proven whether it was premarital or postmarital, the law generally presumes it to be post-marital property. Many people, when preparing for a divorce, have the following questions about property: "This house was bought before marriage, will it still be included in the divorce settlement?" "My parents gave me 5 million yuan after marriage, can my spouse claim half?" "I inherited my father's house, should that be included in the remaining property?" "I bought a house before marriage, but I've been paying the mortgage with my salary for ten years after marriage, how is this calculated?"...

How to divide assets in a high-net-worth divorce? First, take stock of company shares, stocks, real estate, and investments.

Four things to do before a high-asset divorce: 1. Separate and organize company shares, stocks, real estate, investments, insurance, and liabilities; 2. Mark the acquisition date and source of funds for each asset; 3. Company assets must be separated from shareholders' personal assets; 4. First, confirm the legal valuation date of the assets, then discuss their value. The real difficulty in high-asset divorces usually isn't "how much money the couple has in total," but rather: Which assets should be included? When should they be valued? What is the actual value of the company? Are the liabilities real or just accounting figures? And how much of the remaining asset difference will ultimately be paid? While typical divorce cases may primarily deal with savings, housing, and mortgages, the asset structure of business owners, doctors, professionals, investors, or high-income families often also includes: companies…

What should you do if you discover your spouse has transferred or concealed assets before a divorce? First, preserve the evidence, then proceed with additional calculations and provisional seizures.

If you discover your spouse has transferred assets before the divorce, do four things first: 1. Preserve information on assets that you can legally obtain; 2. Organize the timing, amount, and flow of asset changes; 3. Don't assume that all disposals within the past five years automatically constitute asset disposal; 4. If there is a risk of continued transfer, promptly assess additional calculations, cancellations, conversion to separate property regimes, or provisional attachments. One of the most nerve-wracking situations after couples begin discussing divorce is suddenly discovering that their partner has started transferring money. For example, suddenly withdrawing large sums from bank deposits that previously held millions of dollars; transferring property to parents, siblings, or friends; stocks being sold and the funds disappearing; sudden transfer of company shares; large "loans" appearing on the books that weren't there before; or even the other party directly stating: "I have no assets left in my name, you..."

Shop gifted to Zhao Jianming! Divorce doesn't involve property division; Chen Xingyu urges the public not to make the same mistake – Attorney Xu Wanwei explains marital gifts and the distribution of remaining property in divorce cases.

Shop Gifted to Chao Chien-ming! Divorce Without Property Division: Chen Hsin-yu Urges the Public Not to Make the Same Mistake as Her – FTV News | Reporters Tang Shih-ching and Li Chi News Link: Taipei Report Former President Chen Shui-bian's daughter, Chen Hsin-yu, reveals that her 25-year marriage with Chao Chien-ming has come to an end! Chen Hsin-yu has revealed for the second time that she gifted her clinic shop to Chao Chien-ming, but she single-handedly shouldered the NT$60 million mortgage, reminding everyone not to make the same mistake as her. Although many netizens rallied to her defense, demanding that her "scumbag husband" repay the money, lawyers analyzed that Chen Hsin-yu's request for a share of the shop may not be legally sound. Lawyer Hsu Wan-wei of Fidelity Law Firm stated that the request for the distribution of remaining property…

Zhongtian Daily Must-Read: Seeing Father Lying in a Pool of Blood and Refusing to Help… Cold-Hearted Children Claim They “Thought It Was Dragon Fruit Juice”; Lawyer Li Yusheng Explains the Obligation of Support and Rescue.

Is failing to help a father lying in a pool of blood merely a matter of family ethics? News Headline: Seeing Father Lying in a Pool of Blood and Failing to Help… Cold-Hearted Children Claim They “Thought It Was Dragon Fruit Juice” The legal focus of such cases is not just “filial piety,” but whether the children had a duty to protect their parents who were unable to save themselves, and whether they knew the danger but failed to take necessary rescue measures. News Summary: According to the headline, the incident involves children who saw their father lying in a pool of blood but failed to provide immediate assistance, later claiming they mistook the blood for dragon fruit juice. Since this summary is based solely on the headline, actual liability will depend on police investigations, medical records, the situation at the scene, and court findings. From a legal perspective, if the father was already injured and unable to save himself, and the children knew or could have known he was in danger…

TSMC's stock price surged past NT$2,535. Giving a child a gift card incurs taxes! How to use the tax-free allowance for gifts? Attorney Li Yusheng analyzes the annual NT$2.44 million gift and estate planning.

TSMC's stock price surged past NT$2,535. Giving a child a gift incurs taxation! TSMC's nanotechnology shareholders increased by 1.08 million annually. | SET News reporter Lin Chia-Chien. News Link: Article Summary Many parents, when making wealth planning, consider gifting their children cash, stocks, or real estate annually to facilitate asset transfer and reduce future inheritance tax and family disputes. According to publicly available data from the Ministry of Finance, the current gift tax exemption is NT$2.44 million per donor per year; meaning that if a father and mother each gift their own property to their children, they can, in principle, apply their respective annual tax exemptions. However, gift planning does not…

Zhongtian Daily Must-Read: Giving Red Envelopes to Parents Doesn't Count as Support! Court Refuses, Orders Sister to Pay 1.45 Million Yuan; Lawyer Li Yusheng Explains Support Obligations and Support Cost Sharing

News Link: According to news reports, a dispute arose among family members over the cost of supporting their parents. One party claimed to have given their parents red envelopes (gifts of money), purchased supplements, or incurred related expenses. However, the court ultimately ruled that these expenditures do not necessarily equate to legally mandated support payments. Such cases are quite common in family disputes, especially when parents age, require long-term care, or experience increased medical or living expenses. Siblings often argue about "who provides more care," "who pays more," and "whether past red envelopes count as support payments." Attorney Li Yu-sheng of Fidelity Law Firm stated that supporting parents is not merely a matter of morality or kinship…

How to Fight for Custody in a Divorce? A Custody Lawyer Analyzes the Best Interests of the Children and Evidence

If parents cannot reach an agreement on guardianship arrangements for their minor children, the core issue the court truly considers is not who has the higher income or who takes the child first, but rather who should exercise or bear the rights and obligations of the minor children in the best interests of the children. Guardianship cases typically require simultaneously gathering evidence regarding primary care facts, stability of life, parental capacity, support systems, meeting and interaction arrangements, and other relevant evidence, before deciding on an agreement, mediation, or family litigation strategy based on the specific circumstances. This article focuses on quickly summarizing that divorce guardianship is not about snatching the child, but about proving who is better able to care for the child. Many people, when preparing for a divorce, are most afraid not of how the property will be divided, but of whether the other party will take the child away. In practice, what people often refer to as "guardianship" is more accurately described in law as "the rights and obligations of minor children…

The Ministry of Justice will remove provisions regarding the "reserved portion" in the inheritance of siblings' estates, as explained by lawyer Li Yusheng, concerning the validity of wills and reserved portions in civil law inheritance.

Ministry of Justice to Remove "Special Reservation" Clause for Sibling Inheritance | Mirror News Reporter Gong Pinrou News Link: In response to changes in modern society and the majority of public opinion, the Ministry of Justice announced yesterday (June 2nd) the removal of the "special reservation" clause for inheritance from the Civil Code, and the addition of draft amendments such as "special contributions." The Ministry of Justice pointed out that the revised law will be more in line with modern family life and emphasizes respect for testamentary freedom. Lawyer Li Yusheng of Fidelity Law Firm stated that after the removal of the special reservation for siblings, the testator's authority to dispose of their estate in a will expands, no longer bound by the regulations governing the special reservation for siblings; in practice, the courts…

Ma Ying-jeou's glorious past is still vivid in our minds; his later years are marred by family turmoil, a truly lamentable situation. His family members have filed for a declaration of assistance – Attorney Li Yusheng explains the procedure for filing a declaration of assistance and the standards judges apply for.

Ma Ying-jeou's glorious past is still vivid in memory, but his later years are marred by family turmoil, a truly heartbreaking situation. His family has filed a lawsuit against him. Dai Xialing, choked with emotion, revealed that Ma's eyes were red at the time. A review of Ma Ying-jeou's presidency in 2015: The 81-second handshake between Ma and Xi Jinping | Sanlih News reporter Liao Pin-jun. News link: In 2015, former President Ma Ying-jeou met with Chinese President Xi Jinping in Singapore. That 81-second handshake was arguably one of the most glorious moments of his political career. However, 11 years later, this former head of state is embroiled in internal strife, with even his health being scrutinized, as his family has filed a lawsuit against him…

Following a petition for a "supporting declaration," it is rumored that Ma Ying-jeou called his elder sister's lawyer, stating that family members must provide evidence. Lawyer Li Yu-sheng explains the procedures and legal requirements for filing a supporting declaration.

Following a petition for a "supplementary declaration," Ma Ying-jeou reportedly called his elder sister's lawyer, stating that family members must provide evidence. The Ma Ying-jeou Foundation is embroiled in a financial discipline case, and the matter has escalated. It is understood that the Ma family has filed a petition with the Taipei District Court for a "supplementary declaration," which, if successful, could affect Ma Ying-jeou's position as chairman of the foundation. It is rumored that Ma Ying-jeou immediately called his elder sister, Ma Yi-nan. However, lawyers analyze that in addition to the family needing to provide evidence of Ma Ying-jeou's mental instability, judges, in principle, will also require the respondent to undergo a mental evaluation in supplementary declaration cases. Fidelity Law Firm lawyer Li Yu-sheng…

Ma Ying-jeou forgot his lawyer's name! His appearance to dispel rumors of dementia only raised more questions – Lawyer Li Yu-sheng explains the procedure for applying for a supplementary declaration and the judge's standards.

Ma Ying-jeou Forgot Lawyer's Name! Appears to Dispel Dementia Rumors but More Doubts Arise | FTV News Reporter Lin Yanjun News Link: The Ma Ying-jeou Foundation controversy continues, with former President Ma personally responding. However, he not only mispronounced his lawyer's name on camera, but the handwritten manuscript released by the foundation was also illegible, and he even publicly distanced himself from close relatives. It is understood that his elder sister, Ma Yi-nan, has formally applied to the court for a "defense declaration" to protect the former president, and the Taipei District Court will also commission Taipei Veterans General Hospital to conduct a mental evaluation. However, it has also been reported that when former President Ma led a delegation to China last June, he reportedly lost control of his emotions due to the handwriting on a table card. Fidelity Law Firm…