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Need advice on marital situation


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I have money stashed in Oz but I also realise I need to start putting money aside for my future. I don't want to spend spend spend in Thailand and eventually have nothing to show for it. I am well aware I have zero legal rights here. Money put into a 3MB loan is money I will never see again. I know the traps of living in Thailand and helping her set up her business from my POV was just a cost of entry. She does look after the kids and her parents also help out. The problem I have is that legally I don't have a leg to stand on. If we divorce in Thailand, I highly doubt I will be able to get my money back on the cash invested in her business, or any other assets. 

 

I told her there is absolutely no future here in Issan for the kids as I want a proper education for them, willing to spend money for them in a proper school or we go back to Australia. She wants to live next door to her parents. Don't Thai's value education ? All her friends are bums with wealthy parents who fund everything. I know all her friends and not one of them is self made.

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39 minutes ago, SteveK said:

Assuming that she doesn't really love you and the relationship is basically failed, it's a no win situation. Just try not to throw good money after bad. You wouldn't be able to take your kids back to Oz without her say so anyway, so she is the one holding all the cards. 

 

She is hell bent on staying in Issan. Despises the cities. I can't explain it to her is much simpler terms that the education system in Issan is a joke and akin to child abuse. We need to move to the city. She won't have any of it. The house she purchased was done quite rapidly and before I had a chance to interject it was already sold. She obviously got finance through the business + other means. I noticed her social circles of business owners and rich parents with assets lend money to one another and pay each other via an app. There must be a trust system between them. None of my business really. The house purchase was a joke and means we have to stay put in Issan. I was interested in buying a condo in BKK/Chiang Mai but with her ultimatum, even if I buy there she can definitely claim 50% (maybe more) through a divorce so I won't be spending a single cent in this country. Even if she does agree to move for the sake of our childrens' education, how can I ignore such an ultimatum and I am sure there will be another one down the track anyway when things flare up.

 

How would you play it? Easy to say divorce but there are 2 kids involved. I think if I do a runner to Australia the next time I will see them is when they are adults and by then they would have been brainwashed into thinking I am a delinquent father.

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Keep in mind you married in Oz, which means you have nothing and she will get everything. Her Thai debt are nothing in comparison what to come if she filed for divorce in Australia. Paying for kids education would be peanuts in comparison what you would have to pay for another 16 years in support by Oz standards not Thai standards 

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Just now, GarryP said:

Assets and debts acquired during marriage are considered joint property in Thailand.  As a result, many Thais, particularly business people, do not register their marriages to avoid this very issue.  

I believe he said married in Oz so whatever is his will be hers , irrespective when it was acquired 

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someone can correct me if I am wrong but when my wife takes a loan I have to counter sign as her husband even though it is just in her name. When I queried this she informed me it is thai law that the husband needs to sign the agreement as well, same with transfer of land etc( both just recently twice  for our land and the bank loan), my signature was needed to make it official. If you didnt sign off on the loan/land etc then it may have not been done legally

Edited by seajae
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14 minutes ago, Enki said:

No, he is not. There is no country in the world where one partner in a marriage is liable for the other partners debts.

 

5 minutes ago, BestB said:

I believe he said married in Oz so whatever is his will be hers , irrespective when it was acquired 

Enki stated as above and hence my reply. The issue was debts. 

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6 minutes ago, BestB said:

Keep in mind you married in Oz, which means you have nothing and she will get everything. Her Thai debt are nothing in comparison what to come if she filed for divorce in Australia. Paying for kids education would be peanuts in comparison what you would have to pay for another 16 years in support by Oz standards not Thai standards 

Incorrect. It's a 50:50 split of assets, although the presence of children means the ongoing support will go further her way in Oz, as mothers usually get custody.

Thai law differs in that the split is 50:50 of assets accumulated AFTER marriage. Again, kids are a complication in both Australian and Thai courts.

There are good Thai women, and bad Thai women. IMO the OP has copped a bad one, and needs very good legal representation.

 

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5 minutes ago, Lacessit said:

Incorrect. It's a 50:50 split of assets, although the presence of children means the ongoing support will go further her way in Oz, as mothers usually get custody.

Thai law differs in that the split is 50:50 of assets accumulated AFTER marriage. Again, kids are a complication in both Australian and Thai courts.

There are good Thai women, and bad Thai women. IMO the OP has copped a bad one, and needs very good legal representation.

 

Yeah and that is why most if not all

men in Oz end up with almost nothing because according to you it’s 50/50. 

 

Plus her legal fees of few hundred thousand on top and child support ????

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Maybe you could play nice and get her to go to Australia on some pretext where you might be in a much better position,but that would require research on your legal option in Oz.Also what nationality are the kids?Not that I want to know but that might have some legal bearing on your situation.

Edited by FarFlungFalang
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If you think that she will bring up the children properly and take care of them in your absence, then I'd preserve as much of my assets as possible and leave. Stopping for a week in Bangkok on the way home to de-stress. Let her rack up what she wants, if you can afford to cut your losses then you are the one in the driving seat, I'd love to see a Thai company try and chase you in Oz for a debt incurred by your estranged wife.

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