Saving the Condo ..,

[jasonr3255]

My Friend is currently Divorcing his Thai wife (dual citizenship) in the UK at the moment they have a 9 year old son (dual citizenship) 

In Feb 2008 he purchased a Condo in Thailand which is in his name only and came from his funds only. Later that year in September 2008 he married his wife at the local amphur in Thailand. He is aware that his UK assets are likely to be split favourably towards his wife, however he desperately would like to keep the Condo for himself. Does his wife have any entitlement to the Condo in Thailand under UK law ? 

I have read that Divorcing in Thailand states that any assets bought before marriage remain the owners except for interest occurred over time during the Marriage, however he is divorcing in the UK so is this law applicable In the UK ?

 

would it be more favourable to Divorce in Thailand ?? Could he sell / transfer the Condo to a third party before the divorce is finalised ??

 

Some advice would be appreciated on how best he can keep his Condo in Thailand without his wife making a claim to it 

 

Many Thanks

[BritManToo]

She'll divorce him in the UK, as the kid is 9 she will likely get.

The UK home (he will still have to pay the mortgage), around 60% of his other assets including Pension and National insurance contributions, 100% child custody, child maintenance at around 15% of his salary.

 

I wouldn't worry about the Thai condo in comparison, but she'll probably get that too.

Unless she's the most stupid woman in the world, she'll force the divorce in the UK.

 

My pal recently lost his house in the UK and his holiday home in France in a divorce.

UK gives them almost everything if they have a kid under 15 years old.

[Snow Leopard]

If he divorces in the UK she is entitled to 50% of the Condo value in Thailand. Although a UK court decision has no jurisdiction in the matter to enforce it.

 

So as I understand it, whatever is yours before marriage in Thailand stays yours and only assets accrued after the marriage are subject to the 50/50 rule. So Thailand would be the preferred option.  

 

You say divorcing? He has obviously not gone through any legal action yet if he is asking where to get divorced. I am fairly sure the moment he does anything she will counter it from the UK side anyway. 

 

I just finalised my divorce earlier this year. It cost me 45,000 quid over 18 months in solicitors and barrister fees because the stupid beach kept coming after me for more money. She was a farang though not a Thai. Be careful though. In the end, though I got 60-40 in my favour on assets and had to pay a 1000 quid per month for 2 years. That was because she lied in the first place. He will be asked to produce every bank statement, credit card bill, savings accounts, etc, etc for the last 12 months. So if he has anything dodgy on that he better clean it all up first before applying for a divorce. 

 

The best way is to try and make it as amicable as possible. I know that's easier said than done with a scorned person. Rational thinking goes out the window. Maximum greed kicks in. 

 

 

[Snow Leopard]

On 11/25/2018 at 9:34 AM, BritManToo said:

She'll divorce him in the UK, as the kid is 9 she will likely get.

The UK home (he will still have to pay the mortgage), around 60% of his other assets including Pension and National insurance contributions, 100% child custody, child maintenance at around 15% of his salary.

 

I wouldn't worry about the Thai condo in comparison, but she'll probably get that too.

Unless she's the most stupid woman in the world, she'll force the divorce in the UK.

 

My pal recently lost his house in the UK and his holiday home in France in a divorce.

UK gives them almost everything if they have a kid under 15 years old.

BMT I like your posts for the most part. They are normally very good. On this point though you have the question the OP asks correct, She would be a fool not to divorce him in the UK. On the assets though, you have it wrong mate. It is 50/50 now in the UK on all assets. Thanks to the EU Courts. Yes, your mate would need to pay child support and it would be the same here. 

 

He must have had a crap solicitor or just gave in to her demands. On the other hand, he might have been a very bad boy. But I was told that unless you have actually been arrested for abuse and jailed then even that doesn't count. My Ex knew I had a long-term Thai GF as well.

 

When I was in court for the final hearing. She had her barrister + Lawyer both women. The judge was a woman and my barrister was a woman. Only dick in the courtroom. 

 

I had done everything correctly, Faught hard and appeared smart and was very humble. No aggression or anger at the situation. 

 

I got my decree absolute a month ago so my information is current.

 

 

[BritManToo]

16 minutes ago, Snow Leopard said:

 

I got my decree absolute a month ago so my information is current.

Different rules with no kids.

[georgegeorgia]

1 hour ago, Snow Leopard said:

BMT I like your posts for the most part. They are normally very good. On this point though you have the question the OP asks correct, She would be a fool not to divorce him in the UK. On the assets though, you have it wrong mate. It is 50/50 now in the UK on all assets. Thanks to the EU Courts. Yes, your mate would need to pay child support and it would be the same here. 

 

He must have had a crap solicitor or just gave in to her demands. On the other hand, he might have been a very bad boy. But I was told that unless you have actually been arrested for abuse and jailed then even that doesn't count. My Ex knew I had a long-term Thai GF as well.

 

When I was in court for the final hearing. She had her barrister + Lawyer both women. The judge was a woman and my barrister was a woman. Only dick in the courtroom. 

 

I had done everything correctly, Faught hard and appeared smart and was very humble. No aggression or anger at the situation. 

 

I got my decree absolute a month ago so my information is current.

 

 

With due resoect You dont sound the smartest fish in the tank .

 

i can understand it though you being “British” and not wanting to call yourself a “pom .because yiur ......British .lol 

 

[Snow Leopard]

2 hours ago, georgegeorgia said:

With due resoect You dont sound the smartest fish in the tank .

 

i can understand it though you being “British” and not wanting to call yourself a “pom .because yiur ......British .lol 

 

Why am I not smart then?

[dotpoom]

On 11/25/2018 at 12:34 PM, BritManToo said:

She'll divorce him in the UK, as the kid is 9 she will likely get.

The UK home (he will still have to pay the mortgage), around 60% of his other assets including Pension and National insurance contributions, 100% child custody, child maintenance at around 15% of his salary.

 

I wouldn't worry about the Thai condo in comparison, but she'll probably get that too.

Unless she's the most stupid woman in the world, she'll force the divorce in the UK.

 

My pal recently lost his house in the UK and his holiday home in France in a divorce.

UK gives them almost everything if they have a kid under 15 years old.

Jeez ..would sure put a damper on any ideas of marriage!

[bkkgriz]

On 11/25/2018 at 2:34 PM, BritManToo said:

She'll divorce him in the UK, as the kid is 9 she will likely get.

The UK home (he will still have to pay the mortgage), around 60% of his other assets including Pension and National insurance contributions, 100% child custody, child maintenance at around 15% of his salary.

 

I wouldn't worry about the Thai condo in comparison, but she'll probably get that too.

Unless she's the most stupid woman in the world, she'll force the divorce in the UK.

 

My pal recently lost his house in the UK and his holiday home in France in a divorce.

UK gives them almost everything if they have a kid under 15 years old.

Must be due to the patriarchy I hear all the feminists going on about. Do nothing and get half of a man's stuff. Great system.

[English Engineer]

I think without a knowledge of all your assets including pensions it is difficult to come to a figure. Your wife's financial position also needs to be taken into account. I would not reccomrnd hiding assets such as the condo. It just would mean the courts coming down harder on you.

Your best approach is to try to negociate a settlement right away. She may accept a lower settlement if she sees the possibility of quick cash. In any advent you would need to support your son. Joint custody would help your position. This would mean you also rrquire suitable accomadation for him. This can reduce her claim.

[HHTel]

Child custody laws in the UK were changed 30 years ago to an 'order of residency' where both parents retain parental rights.

[English Engineer]

Parental rights is true. Joint custody means the son would spend 50% of the time living with both parents. Alternative son lives with mother but visits father.

[BritManToo]

1 hour ago, HHTel said:

Child custody laws in the UK were changed 30 years ago to an 'order of residency' where both parents retain parental rights.

In the Uk the woman nearly always demands 100% custody, as this is worth lots of money in child maintenance and benefits (around 20,000 GBP/year).

She will often accuse the husband of child abuse (drunk/violent/sexual) and/or mental illness.

No evidence is required, the accusation is enough.

[khunPer]

On 11/25/2018 at 6:23 AM, jasonr3255 said:

Some advice would be appreciated on how best he can keep his Condo in Thailand without his wife making a claim to it 

To my best knowledge: UK law is for UK – and still following EU agenda, like a poster mentioned a holiday property in France – but UK law has no legality in Thailand, just like Thai law has no legality in UK; otherwise he should be able to use Thai law in UK as the marriage took place in Thailand. So for the Thai condo, it should follow Thai law, and thereby not be included in common property, as owned before the marriage, that also took place in Thailand.

 

Your friend should consult a Thai lawyer to handle the Thai property side of the divorce.

[Megasin1]

A specific question within a veritable can of worms can really only generate non-specific answers as there are so many potential variables so here's my penny worth. Rule 1 and certainly the most important one, do NOT go anywhere near lawyers. Try and resolve everything as amicably as you can between yourselves. If everything is too raw at the moment, take a time out, either you go on holiday, or send your ex to Thailand on holiday, but take a break from each other and at least give the wounds a chance to stop bleeding. The process is going to cost your friend money, that is an absolute. The amount it will cost him will depend heavily on where his son resides. If his son decides to stay with his father then immediately remove the mother from the house but do NOT deny her access to the son. The English system to which he will be subjected, as I take it from your initial post that they are all in UK currently will be the only one that matters. They will split this into 2 parts - Child welfare and divorce (involving all the finances). Make no mistake they will put the concerns of the child before those of you or your wife and to this end during this time of upheaval the adult that can provide the least disturbing environment (for the child) and the best stability will win this in court ie the child remains in the same school, same house, has the same friends etc. You can avoid court by agreeing a suitable arrangement that you are both happy with and keeping away from lawyers. I didn't on my first marriage, the child welfare bit cost me £14,000 in legal fees, however I kept the kids with a residency order so saved in the long run (for more advice on how to win the tactics of this message me). Then you have the actual divorce matters which includes finances. You will have to declare all your finances and assets no matter where they are and it would be pointless trying to hide something she knows about, however once again, try and agree a fair resolution with your wife. If you can agree between yourselves then this will still have to be 'legally advised' by both parties before the divorce court can accept it (to ensure either party isn't being screwed) however you can just hire a lawyer that you both share to resolve the 'legally represented' requirement. I would recommend that your friend offers his wife something like 'free use of the condo for her when holidaying for short periods in Thailand' or if it has 3 bedrooms 'free and open use of one of the secondary bedrooms'. It is not always easy to remain amicable after a divorce, it takes hard work and a forgiving nature but in the long run, if your friend can achieve it then it will benefit him financially and it will certainly benefit his child.

[Megasin1]

Post script post - Court child residency - A court in the UK will give strong consideration to the child's own wishes of with which parent that child wishes to reside with. Sit down together, both parents and child and start by asking the child which parent he would like to live with on a main daily basis. The older the child the more the court will lean in favour of the child's decision. At the age of 11 and above the court will take the child's decision over anything else so it becomes pointless trying to fight against your own children, you can't win, but if the child picks you, your ex can't win.

[HHTel]

17 hours ago, BritManToo said:

In the Uk the woman nearly always demands 100% custody, as this is worth lots of money in child maintenance and benefits (around 20,000 GBP/year).

She will often accuse the husband of child abuse (drunk/violent/sexual) and/or mental illness.

No evidence is required, the accusation is enough.

I fought custody back in the late 80's just before the custody law was changed.  My lawyer at the time said I had a 5% chance of winning.  Well after 2 years, I won sole custody, kept the house (ok so I bought her out of half the equity) and was awarded child maintenance which I turned down.  Just the same as in Thailand, roll over and you lose, but if you fight then at least you have a chance.

[hanuman2543]

On 11/27/2018 at 5:56 AM, Snow Leopard said:

.....Thanks to the EU Courts. Yes, your mate would need to pay child support 

Why thanks to the EU courts?

In my EU homecountry division of assets would be Like in Thailand . Everything what was yours before marriage and what was bought during marriage with your money stays yours. Same rules for alimony.  Only for the child  and no alimony for the ex-partner.

It looks links your are one of these uninformed Brexit supporters who blame everything what is going wrong in the UK on the EU never mind how stupid it is and sounds.

 

 

[Snow Leopard]

On 11/29/2018 at 6:20 PM, hanuman2543 said:

 

Not blaming the EU in this case. Opposite. The UK courts always favoured the woman. Because the EU is civil law based it is now 50/50.