Divorce and financial liabilities

[bangmatt]

I wonder if any one can offer some information? After a 12 year marriage that has gone bad i am looking to divorce with my wife. We have 2 children, I would like to offer her an uncontested divorce at the ampher office. I am currently in the UK and willing to leave her everything, including the house that we built together for her and the children. Plus I currently pay for the children's schooling and expenses which are about 16000 baht per month. My main query is that my wife took out a mortgage loan in her name to build some rental properties on land that she owns which is still outstanding, will I be liable to pay any of this loan after we divorce? 

[BritManToo]

Amphur office divorce is in person, both of you only. If you're in the UK, you can't do it.

It's also my mutual agreement, she gets whatever you agree to give, or it's off to court. 

[bangmatt]

Hi, I plan to sort it all out once it is easier to travel back over, hopefully in the spring.

[BritManToo]

11 minutes ago, bangmatt said:

Hi, I plan to sort it all out once it is easier to travel back over, hopefully in the spring.

I'm betting she'll hold out for you paying off her debts, or you never see the kids again.

[cooked]

As far as I know, there is no legal obligation to pay for anything after a divorce. Even a written agreement, arranged by a lawyer, is very difficult to enforce. Your wife will just have to depend on your good will and your not dying soon. 

 

[BangkokReady]

1 hour ago, cooked said:

not dying soon

How the situation changes once people divorce...

[BangkokReady]

1 hour ago, cooked said:

As far as I know, there is no legal obligation to pay for anything after a divorce.

Since this tends to be one of the main arguments for sin sod, you would hope that was the case.

[Preacher]

3 hours ago, BritManToo said:

Amphur office divorce is in person, both of you only. If you're in the UK, you can't do it.

It's also my mutual agreement, she gets whatever you agree to give, or it's off to court. 

 

A british general consulate acts as an Amphur and you do not need to both visit the same amphur. 

[BritManToo]

3 minutes ago, Preacher said:

A british general consulate acts as an Amphur and you do not need to both visit the same amphur. 

Doesn't sound likely.

Did you mean Thai consulate?

[Preacher]

25 minutes ago, BritManToo said:

Doesn't sound likely.

Did you mean Thai consulate?

Ever heard of a guy called Taksin? He divorced his wife in Hongkong at the Thai General Consulate. ( I believe his wife was in Bangkok at the time)

 

In normal speach you say the embassy, but strictly speaking the general public doesn't deal with the embassy but with the general consulate attached to the embassy. The embassy represent the country and is involved in trade deals etc. The general consulat will take care of visa's, passports etc.

[ronaldo0]

If you are married and she has debt in her name I am sure they chase you up to pay it . If you got divorced I would think it removes you from liability to pay should she not . 

[VyacheslavKHV]

14 hours ago, Preacher said:

Ever heard of a guy called Taksin? He divorced his wife in Hongkong at the Thai General Consulate. ( I believe his wife was in Bangkok at the time)

 

In normal speach you say the embassy, but strictly speaking the general public doesn't deal with the embassy but with the general consulate attached to the embassy. The embassy represent the country and is involved in trade deals etc. The general consulat will take care of visa's, passports etc.

That's maybe an amazing idea. I have to check it out, but i think it was only for Taksin.

Because according to the law both must be present in the Amphur personally, and i never heard about exceptions.  

[thaibeachlovers]

On 11/8/2020 at 7:59 AM, VyacheslavKHV said:

That's maybe an amazing idea. I have to check it out, but i think it was only for Taksin.

Because according to the law both must be present in the Amphur personally, and i never heard about exceptions.  

For an uncontested divorce that makes sense. If both did not need to be present, the one that was could come up with anything and the other would not be able to dispute it. Great way to get out of paying debts and leaving it for the other to pay off.

[rumak]

Just as I have always "self insured"  with my health  .....

 

I also put money aside every month,  separate account,   for divorce insurance .   If one plans according to the average length of marriages (before divorce) .... when it happens that account should have enough to get started again after giving the wife the house, car, etc.

 

I was married for 16 years.   She got the house and 16 year old car.   

I got a new car .    No new wife.    I lease now.........

 

**  this is what they call in Hollywood :  a post of fiction based on true events

 

good luck bangmatt .   

[bangmatt]

Hey, this response is well overdue, thanks for all your replies. 

[WinterGael]

Here I again but under a well read topic. So here goes...

5 weeks ago my wife states she wants a divorce.  I saw this coming.  This just after applying for my extension based on marriage (yes I know, should've gone with retirement).  Any way, to make a long story short...

I started looking for my own place.  Not happy under her roof.  But in the process, as her anger died down, I kept double checking if she serious.  She keeps saying she is... so I keep looking.

Now, a long the way I have been very much alone and lonely here in our village.  I can't talk to friends without it causing trouble as this is her village and everyone talks.  They know the problem and do feel sympathy for me.  Because of this, I stated going outside the village.  You can probably guess what happened...

I met someone else.

We get a long very well.  Talk for hours, I have many of those.  I always tell her I am married, and she was okay with friendship... until last weekend.  So things happened that weren't supposed to happen. 

Now the wife found out.  If I thought she was bad before, she is downright evil now.  Out of the blue, after saying she was divorcing me last week, she now states that was never her intention.  Yet for 4 months she does not talk to me, spends no time with me, sleeps in her own room.

Now she threatens legal action against us for damages to the home.  I know there are no laws in Thailand supporting alimony. But I have heard she can sue my the other woman for damages.  

So here's the question. Just how much damage can she do? I have been told I can move out on my own as long as I keep Immigration informed of the change.  I know all about cancelling the marriage extension and applying for a retirement extension, etc. But can she sue the other woman? And yes, given the choice I will move forward with the other woman. If I'm taking a gamble, I'll go with someone I know does not have a conniving heart (in some ways I feel I've been set up, as if my wife knew if she pushed hard enough I'd meet someone else).

Back to the question? Can she sue my likely new girlfriend? Can she touch my savings? Can she ask for alimony? Do I have to pay?

Any and all advice appreciated. 

God what a learning curve I've been on...

[KhaoNiaw]

2 hours ago, WinterGael said:

Here I again but under a well read topic. So here goes...

5 weeks ago my wife states she wants a divorce.  I saw this coming.  This just after applying for my extension based on marriage (yes I know, should've gone with retirement).  Any way, to make a long story short...

I started looking for my own place.  Not happy under her roof.  But in the process, as her anger died down, I kept double checking if she serious.  She keeps saying she is... so I keep looking.

Now, a long the way I have been very much alone and lonely here in our village.  I can't talk to friends without it causing trouble as this is her village and everyone talks.  They know the problem and do feel sympathy for me.  Because of this, I stated going outside the village.  You can probably guess what happened...

I met someone else.

We get a long very well.  Talk for hours, I have many of those.  I always tell her I am married, and she was okay with friendship... until last weekend.  So things happened that weren't supposed to happen. 

Now the wife found out.  If I thought she was bad before, she is downright evil now.  Out of the blue, after saying she was divorcing me last week, she now states that was never her intention.  Yet for 4 months she does not talk to me, spends no time with me, sleeps in her own room.

Now she threatens legal action against us for damages to the home.  I know there are no laws in Thailand supporting alimony. But I have heard she can sue my the other woman for damages.  

So here's the question. Just how much damage can she do? I have been told I can move out on my own as long as I keep Immigration informed of the change.  I know all about cancelling the marriage extension and applying for a retirement extension, etc. But can she sue the other woman? And yes, given the choice I will move forward with the other woman. If I'm taking a gamble, I'll go with someone I know does not have a conniving heart (in some ways I feel I've been set up, as if my wife knew if she pushed hard enough I'd meet someone else).

Back to the question? Can she sue my likely new girlfriend? Can she touch my savings? Can she ask for alimony? Do I have to pay?

Any and all advice appreciated. 

God what a learning curve I've been on...

I believe that to sue the other woman she would need to have real evidence. 'Outside the village' is probably not far enough away if you're still in the same district or province and she's already heard about this. She could still make your life a complete misery. An amicable divorce with the two of you going to sign off together is the easiest resolution. Going to court requires just cause and division of the marital assets. If you're not planning on handing over anything, you're in for a tough time.

[WinterGael]

10 hours ago, KhaoNiaw said:

I believe that to sue the other woman she would need to have real evidence. 'Outside the village' is probably not far enough away if you're still in the same district or province and she's already heard about this. She could still make your life a complete misery. An amicable divorce with the two of you going to sign off together is the easiest resolution. Going to court requires just cause and division of the marital assets. If you're not planning on handing over anything, you're in for a tough time.

She in Phathumthani and girlfriend in Chonburi.  The house is hers, I want nothing of our shared assets.  This is Thailand after all.  I have no intention of disputing the divorce,  so have learned that there is no grounds for legal action.

My wife's major concern is money. She has no legal recourse for support from me, so she threatened the girlfriend. She knows a face and nickname only...

[thaibeachlovers]

1 hour ago, WinterGael said:

She in Phathumthani and girlfriend in Chonburi.  The house is hers, I want nothing of our shared assets.  This is Thailand after all.  I have no intention of disputing the divorce,  so have learned that there is no grounds for legal action.

My wife's major concern is money. She has no legal recourse for support from me, so she threatened the girlfriend. She knows a face and nickname only...

If she wants money and you are not willing to pay her off it goes to family court. Then it get really expensive. You could just move out, but I don't know how that would affect your visa extensions, even as a retiree. Hopefully you don't want to jump from one marriage to another.

 

[thaibeachlovers]

15 hours ago, WinterGael said:

Back to the question? Can she sue my likely new girlfriend? Can she touch my savings? Can she ask for alimony? Do I have to pay?

Can she afford a lawyer to do so and what would she sue for?

Does she know about your savings? My wife knew nothing about how much money I had which was probably why I got a 20 baht divorce.

Far as I know there is no alimony in LOS. IMO that is a purely American atrocity against men.

If it goes to court and they order you to pay something- yes. However, you are entitled to half of everything bought after marriage, including the house.

[WinterGael]

21 hours ago, thaibeachlovers said:

Can she afford a lawyer to do so and what would she sue for?

Does she know about your savings? My wife knew nothing about how much money I had which was probably why I got a 20 baht divorce.

Far as I know there is no alimony in LOS. IMO that is a purely American atrocity against men.

If it goes to court and they order you to pay something- yes. However, you are entitled to half of everything bought after marriage, including the house.

She knows about my money for immigration requirements.   Other than that, what savings I had she has spent.  The house is hers, the furniture ours, no car, but we did buy a new motorcycle. But without me, she would have lost her house years ago.  Her job barely makes minimum wage.  I just have a government pension... enough to support 1 household, not 2.

[WinterGael]

On 3/19/2021 at 8:11 AM, WinterGael said:

Funny country... for better or worse, left the girlfriend to try again with the wife.  Talked to a lawyer who said she can contest the divorce if I not give her what she wants although likely she would get nothing.  Cost would still be up there.

The kicker is, she can sue my girlfriend for damages.  That is why I did what I did. Need to protect her as she has a mother and daughter to take care off.  My family calls it blackmail.  I guess this is Thailand.