How to agree on alimony for divorce? That's the right way to write it!
Taiwanese alimony is rarely obtained through court judgments . Most of them are agreed in the divorce agreement when the two parties divorce. However, the divorce agreement is usually open-ended, and there is no pre-written form for you. Filling in the blanks by ticking means that most people do not know how to make an agreement, and they are even more worried that there will be disputes if they are not written well. Therefore, we will briefly introduce to you how to write alimony in a divorce agreement !
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Two-wish divorce alimony agreement
First of all, it depends on whether the alimony is paid in one time or in installments. There is no dispute over one-time payment . It is better to pay it on the day of registration, and pay with the receipt and other words as proof. This kind of non-payment is usually easier to deal with. If it is to be paid in installments , it needs to be dealt with in a more delicate manner. The less room for interpretation in the text, the better, so that the court can make judgments in the direction of the original intention of the contract when dealing with disputes . As for alimony , it is more common It is usually written like this:
"XXX shall pay alimony XXX New Taiwan dollars to an account in a certain bank in OOO every month (or any other frequency) from January 1, 111 until January 1, 112."
(Selected article: How much alimony and consolation can I get in a divorce lawsuit? )
How is alimony enforced?
If it is alimony determined by the court , basically you can apply directly. If the alimony was originally agreed in a divorce agreement , in principle, it may go through a long process of "deposit certificate letter > mediation committee > civil lawsuit > enforcement" , and only after winning the lawsuit can it be enforced against the other party. Moreover, the judge may adjust the amount due to the request of the other party during the trial, resulting in a less favorable situation.
If you want to divorce by agreement, but do not want to litigate for alimony in the future , you can perform a complete notarization ceremony when agreeing on the divorce agreement, so that you can directly request the court to enforce it in the future. (Usually only alimony is paid in installments, and there will be cases where an order and enforcement need to be paid, so we would recommend trying to pay in one lump sum as much as possible.)
(Selected article: How to calculate divorce alimony? How long is it usually paid? )
What other common agreements are there in the divorce agreement?
In addition to proving the parties' willingness to divorce, the divorce agreement usually records the following items:
- Distribution of remaining property of husband and wife
- alimony payment agreement
- Custody of children
- Children's visitation agreement
- child support agreement
These are just relatively common agreements. Basically, anything can be agreed as long as it does not violate the principle of goodness and customs. However, we will still encourage you to ask legal professionals before sending the documents, because we have seen too many parties, in the name of fairness, win-win, convenience, etc. All kinds of wishful thinking, in the end, only get themselves or their children into trouble, and many people even went to court because of this.
I often see things like letting the children live at the father's house for odd months, and the mother's house for even months, the agreement to visit the children is written casually, and the distribution of property is not specific enough . Decide later. Because it's good to get divorced once, don't get a lawsuit to solve the problem after the divorce, which is a secondary injury to each other.
(Selected article: Alimony amendment law, no fault limit after divorce, but there is a time limit! )
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