Prenuptial agreements are enforceable in Taiwan. Thus, Article 1004 of the Civil Code provides that, “The husband and the wife may, before or after getting married, adopt by contract one of the contractual regimes provided by this Code as their matrimonial property regime.” Any such agreement must not be in violation of public policy and “good morals.”

The matrimonial property regime is governed in Taiwan by the law of the parties’ common nationality or common domicile, pursuant to Article 46 of the Act on Choice of Law in Civil Matters Involving Foreign Elements. The parties may agree in writing to choose the national law of one party or the law of the domicile of one party. Article 48 of the Act on Choice of Law. 

Any prenuptial agreement should be registered in the “applicable” court in Taiwan, “after the marriage,” in order for the agreement to be effective as to third parties. Article 1044 of the Civil Code.

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