Chao Chien-ming reveals divorce agreement's confidentiality clause, lawyer questions his own compliance

The recent revelation of a divorce between Chen Hsing-yu, daughter of former Taiwanese President Chen Shui-bian, and her husband Chao Chien-ming has ignited significant public interest and legal discussion.

“

Chao Chien-ming, you released the content of the divorce agreement, do you also have to pay NT$100 million?

Upon his return from Vietnam late Tuesday, Chao Chien-ming proactively distributed a divorce agreement to the media. He specifically directed reporters to examine Article 8 of the document, which pertains to confidentiality. This clause stipulates a maximum penalty of NT$100 million (approximately $3.1 million USD) for breaching the non-disclosure terms.

Lawyer Liu Wei-ting raised a pertinent legal question regarding Chao's actions: "Chao Chien-ming, you released the content of the divorce agreement, do you also have to pay NT$100 million?" Liu pointed out the interesting legal quandary presented by Chao's decision to publicize the agreement's confidentiality clause. While most of the document was redacted, Article 8, detailing the prohibition against disclosing personal life, career, and "details of the agreement period" without external exposure, remained largely visible.

“

The clause clearly states: Both parties shall keep secret any personal life, career, and 'details of the agreement period' related to the marriage, and shall not disclose, criticize, or slander in any form. If violated, and as a result, either party or their relatives' privacy is infringed, the agreed punitive amount can be as high as NT$100 million.

Liu suggested Chao's move might be intended to signal his adherence to the agreement and possibly to caution Chen Hsing-yu against further public discussion of their marital affairs. However, Liu questioned whether Chao's own act of releasing the agreement, particularly the confidentiality clause itself, constituted a violation. The lawyer noted that the clause binds "both parties" and requires that any breach must result in harm to one party's or a relative's privacy for the penalty to apply.

“

But seeing this, the first question that comes to my mind is: Wait a minute. Chao Chien-ming, what about yourself?

The interpretation of whether simply revealing the existence of a confidentiality clause, as opposed to specific marital details, constitutes a breach remains a complex legal issue. Liu added that even if a breach is found, a court might reduce the stipulated NT$100 million penalty if deemed excessive. The core legal question revolves around whether Chao, in his attempt to enforce the confidentiality clause against Chen, inadvertently violated it himself by making the document public.

“

You say she violated the confidentiality agreement, but when you showed the confidentiality agreement to all of Taiwan, did you yourself not violate it?