Advice Re Eviction

[Maigo6]

F###in rite!

Dont understand why people pussy foot around thais anyway!

Yeah you tell em Mark....you and Aussiestyle really know what you are all about....real men, not limp dicked Farangs, the real hardcases.

You would drag her out by her hair and send her on her way...yeah......

I'm sure any Thai girls family would be totally terrified of guys like you, I'm also sure that even if it was your wife, you would have her out of the house and would have shacked up with another bird before you can say.... " How much is the barfine ".

The disgruntled wife would just walk away absolutely terrified thinking herself fortunate to have spent at least a few years with such a kind soul, and would be too afraid to seek financial compensation just like any other ejected wife anywhere else would.

You tell em.....

Edited May 24, 2007 by Maigo6

[torito]

I'm sure any Thai girls family would be totally terrified of guys like you,

Yeah...thats the problem of many farangs, up on themselves and pretending to be cool suggesting just nonsenses...

Thais are not stupid! many farangs have problems becuase they have been stupid (not suggesting that this is the case of the OP), and come here claiming that Thais are the bad ones..

The main mistake of some farangs is to underestimate thais

[markr]

F###in rite!

Dont understand why people pussy foot around thais anyway!

Yeah you tell em Mark....you and Aussiestyle really know what you are all about....real men, not limp dicked Farangs, the real hardcases.

You would drag her out by her hair and send her on her way...yeah......

I'm sure any Thai girls family would be totally terrified of guys like you, I'm also sure that even if it was your wife, you would have her out of the house and would have shacked up with another bird before you can say.... " How much is the barfine ".

The disgruntled wife would just walk away absolutely terrified thinking herself fortunate to have spent at least a few years with such a kind soul, and would be too afraid to seek financial compensation just like any other ejected wife anywhere else would.

You tell em.....

I'm not talking about kicking her out on her ass or anything like that, you miss the point Maigo.

And i certainly dont agree with having her taken care of!

Simply stating that many of the replies this guy has recieved are people saying things like 'be afraid' or 'move out yourself' and he should forget his house and move on............WHY?

I dont know what this guy is like or what his wife is like for that matter, so I'm not saying who should leave just simply stating facts that people are telling him to back off because THIS IS THAILAND!

You wouldn't back down from your wife if it was in England or America, why on earth would you do it because your dealing with Thais?

Please tell me!

Edited May 24, 2007 by markr

[torito]

F###in rite!

Dont understand why people pussy foot around thais anyway!

Yeah you tell em Mark....you and Aussiestyle really know what you are all about....real men, not limp dicked Farangs, the real hardcases.

You would drag her out by her hair and send her on her way...yeah......

I'm sure any Thai girls family would be totally terrified of guys like you, I'm also sure that even if it was your wife, you would have her out of the house and would have shacked up with another bird before you can say.... " How much is the barfine ".

The disgruntled wife would just walk away absolutely terrified thinking herself fortunate to have spent at least a few years with such a kind soul, and would be too afraid to seek financial compensation just like any other ejected wife anywhere else would.

You tell em.....

I'm not talking about kicking her out on her ass or anything like that, you miss the point Maigo.

And i certainly dont agree with having her taken care of!

Simply stating that many of the replies this guy has recieved are people saying things like 'be afraid' or 'move out yourself' and he should forget his house and move on............WHY?

I dont know what this guy is like or what his wife is like for that matter, so I'm not saying who should leave just simply stating facts that people are telling him to back off because THIS IS THAILAND!

You wouldn't back down from your wife if it was in England or America, why on earth would you do it because your dealing with Thais?

Please tell me!

Markr, I also rejected your point becuase you supported with a simple "F###in rite!" the suggestion of pay somebody to put her away....this is nonsense...

Some people is advising against the notion of eviction, becuase simply it will not work. Negociation is the best outcome. It is not matter of be affraid of nothing, but to understand how things work in Thailand...they really work different, specially in law related things....

Have you been stopped by a Police in Thailand...it is not like in America or England!

And additional comment that I forgot, it is always better do not force Thais to comfrontation, or to lmake them to lose their face. They do not react as you expect, and remember that Thai customs forgive them if they repent.....very odd, but it happens

Edited May 24, 2007 by torito

[markr]

Ok I apologise for quoting the suggestion of having her knocked off, that was not what I was trying to point out, just trying to say that people should not just kiss goodbye there property or 'be afraid' simply because you are dealing with a difficult thai village situation.

I am certainly not trying to be a hard ass

Mark

Edited May 24, 2007 by markr

[torito]

Ok I apologise for quoting the suggestion of having her knocked off, that was not what I was trying to point out, just trying to say that people should not just kiss goodbye there property or 'be afraid' simply because you are dealing with a sticky thai village situation.

I am certainly not trying to be a hard ass

Mark

Point taken Markr cheers...you are invited to a beer next month when in here!!

[aussiestyle1983]

In this world, especially Thailand, it's "Kill or be Killed"

I am not meaning "kill her" and my original comment wasn't ment to be taken word for word (I can understand that a non native English speaker might take it word for word) but it was meant to mean, you do whatever you have to do to protect your asetts. You know what some Thais are capable of, and you should use this to your advantage and use this knowledge to help you determine how you will deal with the situation. As I said before, "When in Rome..............."

If the girl wants out or has any clue that the relationship is going to end, you have to do whatever you can to protect your asetts. If they have lied in the past, it will only get worse when it's comming to the end. But at no cost, should you just walk away! Why give them the pleasure? If you have to, burn down the house, trash it! (similar situation was mentioned in another thread) If you cant live in it or sell it, destroy it! Why give others the pleasure of using your money? It doesn't matter if the house only cost you a weeks or a months salary in your home country, you paid for it, don't let take a bunch of bludgers that didn't earn it take it from you.

In my relationship both my wife and I couldn't be happier (with everything, including in-laws) and so on. My attitude for this comes from the hundreds of stories I read about stupid farangs getting ripped of, and to be honest, no one deserves to get ripped off, but the ones who just walk away and don't do anything about it should keep their mouths shut and not complain (not refering to the OP, refering to the previous posters of horror stories)

Torito is right, there are a lot more success stories than bad stories, but this is the internet, 90% of the stories you hear will be the bad ones not the good ones because its the bad ones who ask for advice and make an interesting read.

Good luck to the OP and do what ever you have to do, to protect you interest in the house.

[blizzard]

assuming that 1 out of a 100 marriages work out. is that what you guys strive for, a one percent chance of something that works out long time. are farang women that bad.......lol.

i think in girls case marriage works out 99 out of 100 times. relations break up village gained a new house on land probably worth one satang, whatever a satang is.

holy batman now we have a guy saying 90% work out, which is it gentlemen? actually i know answer, usa has 50% chance of divorce. who knows success rate of man with money in usa who marries poor girl.

you know same same. lawyer, doctor, athlete, entertainer who marries village girl, who knows outcome of these.........................lol.

Edited May 24, 2007 by blizzard

[markr]

Ok I apologise for quoting the suggestion of having her knocked off, that was not what I was trying to point out, just trying to say that people should not just kiss goodbye there property or 'be afraid' simply because you are dealing with a sticky thai village situation.

I am certainly not trying to be a hard ass

Mark

Point taken Markr cheers...you are invited to a beer next month when in here!!

Beer! mmm!

Much appriciated,but how do you know im here?

Or there?

Mark

Ps Blizzard why are you so cynical?

cheer up!!

Edited May 24, 2007 by markr

[torito]

Much appriciated,but how do you know im here?

Or there?

Markr, you just said that you got your ticket for next moth?...where are you been pomm?

[markr]

Doh!

Yes! bangkok on the 24th

yipee!

[mogoso]

can some one go over the positives of getting "involved" with poor thai village girl.

I had a neighbor who became a dear friend; he had married a poor Thai village girl. They lived a quite life, neither financially rich nor financially poor, they had one daughter together and a lot of friends. They were genuinely respected and liked within the community. Both always on hand when or if a favor was needed, both seemingly blessed with an even temperament and a sense of humor.

He died of cancer, after a long and painful illness. His wife always by his side, cheerful and caring, reserving the pain she herself was going through for when she looked the other way.

I knew the moment he died, I was in our back garden, I heard her low, deep sob as they parted and then her weeping, muttering last words to her husband.

Barely literate with nothing to bring to their marriage but her self; she had kept her promise, ‘in sickness and in death’.

Their daughter, now grown, graduated from a British university and is working for the same company I do. Her father used to often tell me how lucky I was, nothing it seems his daughter could not have.

Who ever had more than he had?

Nice post.

[torito]

can some one go over the positives of getting "involved" with poor thai village girl.

I had a neighbor who became a dear friend; he had married a poor Thai village girl. They lived a quite life, neither financially rich nor financially poor, they had one daughter together and a lot of friends. They were genuinely respected and liked within the community. Both always on hand when or if a favor was needed, both seemingly blessed with an even temperament and a sense of humor.

He died of cancer, after a long and painful illness. His wife always by his side, cheerful and caring, reserving the pain she herself was going through for when she looked the other way.

I knew the moment he died, I was in our back garden, I heard her low, deep sob as they parted and then her weeping, muttering last words to her husband.

Barely literate with nothing to bring to their marriage but her self; she had kept her promise, 'in sickness and in death'.

Their daughter, now grown, graduated from a British university and is working for the same company I do. Her father used to often tell me how lucky I was, nothing it seems his daughter could not have.

Who ever had more than he had?

Nice post.

Indeed, and it make me happy just to think that there are thounsands of beautiful stories like this in Thailand. cheers GH.

Edited May 24, 2007 by torito

[Etrigan]

"Kill or be killed"

What ######ing planet are you from?

[astral]

You need a lawyer.

I suggest you sell the house out from under her and then serve an eviction order,

but do make sure there is a really good distance between you and the house when it happens............

Good Luck

[correct]

I agree with Mark and the Aussie. what I would do is take a bulldozer to the house and destroy it, while she's out. Let her come back to see the rubble and you not around. If you've not registerd your marraige at the amphur, you have no comeback, so her and her family can fark off.

[Gary A]

IMHO, you have two viable options, leave or pay her off. Chances are that she has never had much money and to have a hundred thousand baht in her hand would be far more than she has ever seen at one time. Many will suggest that you see a lawyer to fight her. That will be expensive if she refuses to leave and you may or may not win. In any case it's going to be expensive with no guaranteed resolution. A pay off will most likely end up being the best, cheapest and most amicable way. Make sure she signs off whatever rights she may or may not have. After she is gone, change the locks.

[Heng]

That aside, conflict with Thais – do it the Thai way.

Get someone (a Thai person you can both talk to) to act as an intermediary so that you can come to a settlement.

Good advice... as long as he/she can resist the urge to say something stupid, rude, or loud... in which case, "in the Thai way," if he's unfortunate enough to be dealing with the wrong folks (and this is in no way saying that most folks are like this... but probably slightly more common than in the west, not including Sicily or Russia), the "Thai way" will be him *committing suicide* via multiple stab wounds or gun shots.

[correct]

Lucky its a house and not a condo. There could have been some balcony diving.

[lamphun]

IMHO, you have two viable options, leave or pay her off. Chances are that she has never had much money and to have a hundred thousand baht in her hand would be far more than she has ever seen at one time. Many will suggest that you see a lawyer to fight her. That will be expensive if she refuses to leave and you may or may not win. In any case it's going to be expensive with no guaranteed resolution. A pay off will most likely end up being the best, cheapest and most amicable way. Make sure she signs off whatever rights she may or may not have. After she is gone, change the locks.

A pay off isn't any good if she comes back asking for more after she's blown the cash. A lawyer at least would get you some form of final settlement.

[blizzard]

sound like the best thing to do is just leave. and learn not to do it again.....................lol.

when these village girls go to big city and hook themselves a farang. where are they doing it? i mean they just cant get a regular job having lived in village, not qualified ,etc.

does farang go to village looking to purchase( i mean fall in lub with girl), thats why they end up in village.

Edited May 25, 2007 by blizzard

[Huw]

Much appriciated,but how do you know im here?

Or there?

Markr, you just said that you got your ticket for next moth?...where are you been pomm?

Whatever approach is taken, and a few different ones have been suggested here, one of the important things to do is become familiar with your own bottom line. In your position I would now be assuming (while hoping it is not inevitable) that the house will be lost. if it was in BKK then I would say sell the house and the eviction resolves itself come transfer date, but in her village it is you that will be up for grabs and you will be vulnerable to angry family and friends. Be cautious.

On balance, if you hate it all to the extent that you suggest, frankly, (if it were me) I would walk away and never look back.

H

[Travel2003]

The house is in Pattaya, her village is in Nong Khai somewhere.

Very interesting post.

A lot of good reading, with many sollutions to a case which we have given hardly any info about.

Let me see,

married, want out of it (or get rid of the present wife).

What else?

Oh yess, dont want the wife to have anything?

We all seem to jump to the conclusion the OP is all good, and the girl is all bad.

The house is in Nong Khai somewhere?

You dont know, or just dont want to be too specific?

Anyhow,

If you really want to keep the house, get a lawyer.

If it was me, and the house was not Alfa-Omega in my life, then I would sell it for any sum I could get, nomatter how low the price would be.

Better to get some money back, then just pay someone to demolish it.

This, of course, is based upon me being all good, and my wife all bad.

To me, this case seems like the OP got bored of this lady, and want another, since the expected roses in the garden never came through.

rgds

Sailor

[blizzard]

i think it was one of those situations so commonly found i n village scenarios.

husband found wife naked in bedroom with her brother(who is also nekkid)........................lol.

[smartecosse]

Start to think of the house as a memory, it may help some.

priceless...

having read all the suggestions I am pretty sure that the above is the best way forward

Lucky its a house and not a condo. There could have been some balcony diving.

[Maigo6]

this is the internet, 90% of the stories you hear will be the bad ones

Yes Aussiestyle you're right, and probably 90% of the stories you hear on the internet are fictional anyway.

[Flow]

You bet I am, thanks for agreeing!

I'd rather be an azzhole than a soft cock who lets himself get ripped off and just accepts the fact that he's going to get walked all over

No wonder why we hear so many sotries of Farangs being ripped off by their Thai partners. If all the soft cocks out there stoped letting themselves get walked over and actually stood up for themselves, rather than just turning their back and running away, Thais wouldn't think we are all as stupid as they say we are! As long as people just walk away keep letting the Thai partner take away the house, stories like this will continue to appear on here and throughout Thailand.

My first post was ment to be a smart azzed comment, but after reading all the softcock replies that followed, I know why so many Thais think they can rip us off, and now, I don't blame them for doing so!

If you just walk away from a situation like this, there is no point in crying.

Couldn't agree more with your post, mate. You're spot on.

Indeed there are some good Thai girls around but let's face it the majority is pretty crap. And who in his right mind marries a hooker or ex hooker (you wouldn't do that in your homecountry now would ya?) or builds a house with his hard earned dollars for some Thai girl in soem Thai village (decent or not) anyway???

Let them work and buy their god ###### house with their own money. Don't spoil them. Laziness breeds boredom amd boredom breeds problems and break ups!!!!!!!

I am sick and tired of hearing these sob stories by these gullible farangs married to ex bargirls. You marry an ex whore, you face the consequences!!!!!!!

People: MAN UP & STOP LETTING YOURSELVES WALKED OVER BY MONEY HUNGRY THAIS!!!!!!!!!

Got that off my chest!

Sorry, but sooooooo tired of stories of farangs getting ripped off in Thailand........

[blizzard]

the girl did her job. she poor and from village. she got gentleman to build a house for her village.

that the man couldnt see it was about money for the girl is not the girls fault.

it has been said asian men just enjoy their bargirls but it is the farang who want to marry them...........go figure. not saying girl in this case is bargirl.

but its all same same , marrying for financial security.

I AM NOT DOWN ON FARANG THAI MARRIAGES IN GENERAL, JUST THE ONES WHERE ITS OBVIOUS THE MONEY SITUATION IS NOT SAME SAME. EX. ONE GUY STATED HE MADE 8 TIMES MORE THAN THE GIRL.............HOW LONG YOU THINK THIS ONE WILL LAST IF EVERYTHING IS DONE PROPORTIONATELY AS HE SAID ITS DONE.

[ray23]

Sorry for the length of post, but here is a different idea read the Thai Law your in Thailand, that what applies not what any of us think here.

You can look up this laws under the Thai civil code, you may have a bt more difficulty a your sweety also owns part of your company, so more then likely you are gong to have to research that a well.

I'm always surprised by this I have been through three divorces in farrang land I have never been awarded a house by a court, why is it we think that we autoamtically have a right to that here.

Thia law is rearly not that different then California law a Community Property state. If you think in California you can divorce your wife and walk away with all the assests. Your in for a big surprise my guess if that is your thinking here your not going to be a happy camper when the marriage ends. But is that really all that different.

Do the research and decide what approach you want to take and then do it. It's yours and hers marriage not anyone else. If your lucky you might just be able to reach a settlement. The asumption tha beccause they ties the string in the village that you Are not in a legal marriage may or may not be true. I would certainly find out before I made any moves.

But a you explained the house purchase through a business co owned by you and she it would seem to me that no cop is going to throw her out, at least in the states I guarentee they wouldn't they would refer you to the courts.

You may not want to deal with lawyers but it would seem to me that your situtation is actually more complex then a normal divorce and you need to find out where you really stand. Then decide the direction that is best for you.

For example do yuo need to disolve the business, what happens to the assests since she clearly owns a portion of those asests. If you buy her out of the company, how do you replace the Thai partner as you clearly can not own the business without one. Starting to get the picture you need a lawyer.

Chapter VI

Termination of Marriage

(Ed. note: This Chapter extends from Sections 1501-1535.)

Section 1501: Marriage is terminated by death, divorce or being cancelled by the Court.

Section 1502: A voidable marriage terminates upon cancellation decided by judgment of the Court.

Section 1503: An application to the Court for cancellation of marriage on the ground of its avoidable shall be made only in the case where the spouses have not complied with Section 1448, Section 1505, Section 1506, Section 1507, and Section 1509.

Section 1504: An interested person other than the parents or guardian who have given their consent to the marriage is entitled to apply for cancellation of the marriage on the ground of its voidability.

If the court has not cancelled the marriage until both man and woman have completed the age required under Section 1448 or if the woman has become pregnant before such completion, the marriage shall be deemed to be valid from the time it was made.

Section 1505: A marriage which is made on account of mistake as to the identity of the other spouse shall be deemed to be voidable.

The right to apply for cancellation of the marriage on account of mistake as to the identity of the spouse shall be terminated after the lapse of ninety days from the date of marriage.

Section 1506: A marriage is voidable if it is made by the spouoses on account of fraud to such an extent that without it the marriage would not have been made.

Section 1507: A marriage s voidable if it is made by the spouses on account of duress to such an extent that without it the marriage would not have been made.

The right to apply for cancellation of the marriage on account of duress shall be terminated after the lapse of one year from the day on which the spouse is free from duress.

Section1508: Where the marriage is voidable on account of mistake as to the identity of the spouse, fraud or duress, only the spouse who mistook the identity of the other, or was induced by fraud or duress to contract the marriage may apply for the cancellation of such marriage.

In case where the person entitled to apply for the cancellation of the marriage has been adjudged incompetent, the person who may apply to the Court for an order effecting an insane person to be an incapacitated person under Section 29, may also apply for the cancellation of such marriage. Where the person entitled to apply for the cancellation of the marriage is an insane person not yet adjudged incompetent, the said person may apply for the cancellation of such marriage but must apply concurrently to the Court for an order effecting him to be an incapacitated person. If the Court gives an order revoking the application for an order effecting him to be an incapacitated person, the Court shall also order revoking the application made by the said person for the cancellation of the marriage.

The order of the Court revoking the application made by the person for cancellation of the marriage under paragraph two does not effect the right of the spouse to apply for the cancellation of the marriage; provided that the spouse exercise his or her right within the remaining period of time. If the remaining period of time is less than six months as from the day on which the order of the Court revoking the application made by the said person for cancellation of the marriage is given, or if there remains no such period, the period of time shall correspondingly be extended to the completion of six months as from the day on which the order of the Court revoking the application made by the said person for the cancellation of the marriage is given.

Section 1509: The marriage made without consent of the persons mentioned in Section 1454 is voidable.

Section 1510: Where the marriage is voidable on account of having been made without consent of the persons mentioned in Section 1454, only the person who can give the consent under Section 1454 may apply for the cancellation of the marriage.

The right to apply for the cancellation of the marriage under this Section is extinguished when the spouse has completed the age of twentieth year or when the woman has become pregnant.

The action for the cancellation of the marriage under this Section is barred by prescription after one year from the day where the marriage is known.

Section 1511: The marriage which is cancelled by judgment of the Court shall be deemed to have terminated on the day when the judgment becomes final; provided, however, that it may not be set up to the prejudice of the rights of third persons acting in good faith unless the cancellation of the marriage has been registered.

Section 1512: The provisions concerning the result of divorce by judgment of the Court shall apply to the result of cancellation of the marriage mutatis mutandis [Ed. Latin, the necessary changes having been made].

Section 1513: If it appears that the spouse sued on cancellation of the marriage has known of the ground of the avoidability, such spouse is required to make compensation for the damage to the body, reputation or property of the other arising from such marriage, and the provisions of Section 1525 shall apply mutatis mutandis.

If the other spouse becomes destitute due to the cancellation of the marriage under paragraph one and derives insufficient income out of his or her property of business which used to be carried on during the marriage, the spouse against whom the action has been brought is also required to be liable to living allowances as provided in section 1526.

Section 1514: Divorce may be effected only by mutual consent or by judgment of the Court.

Divorce effected by mutual consent must be made in writing and certified by the signatures of at least two witnesses.

Section 1515: Where marriage has been registered as provided by this Code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife.

Section 1516: Grounds of action for divorce are as follows:

(1) the husband has given maintenance to or honored such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;

(2) one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:

(a) to be seriously ashamed;

( to be insulted of hated [sic] or account of continuance of being husband or wife of the spouse having committed the misconduct; or

© to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;

(3) one spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;

(4) one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;

(4/1) one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;

(4/2) the husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;

(5) one spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;

(6) one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;

(7) one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;

(8) one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;

(9) one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;

(10) one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.

Section 1517. No action for divorce may be instituted by the husband or wife, as the case may be if such spouse has consented to or connived at the acts under Section 1516 (1) and (2) upon which the actio for divorce is based.

If the ground of action for divorce under Section 1516 (10) has resulted from the act of the other spouse, the action for divorce based upon such ground may not be instituted by such other spouse.

Where the action for divorce based upon the ground under section 1516 (8) has been instituted, the Court may not pronounce judgment to effect the divorce if the bahavior of the nusband or wife that causes the bond to have been executed is a minor cause or of no imprtance in relation to peacful cohabitation as husband and wife.

Section 1518. The right to institute an action for divorce would be terminated if the spouse entitled thereto has committed any act showing his or her forgiveness to the act done by the other that has caused the right to institute the action for divorce.

Section 1519. In case where one spouse is an insane person and if there gives rise to the ground of action for divorce irrespectiv e of whether it arises before or after the insanity, the person entitled to apply to the Court for an order effecting the instance person to be an incapicitated person under Sectoin 28* shall have the power to enter an action against the other spouse for divorce and liquidation of the property. In such a case if no order of the Court effecting the insance spouse to be an incapacitated person has yet been given, the said person shall apply to the Court in the same case for an order effecting the insane spouse to be an incapacitated person.

The said person may, if deemed suitable, also apply to the Court for giving the order under Section 1526 and Section 1530.

In case where the spouse alleged to be an insance person has not yet been adjudged incompetent, and if the Court deems that such spouse should not be judged incompetent, the case shall then be dismissed. If the spouse is deemed suitable to be adjudged incompetent but an order to effect the divorce should not yet be given as yet, the Court shall adjudge the spouse to be an incapacitated person and may not give order concerning the gurarian or appointing other person to be guardian under Section 1463 while the application for divorce will be dismissed, and the Court may in this connection give an order determinng living allowances. In case where the spouse is deemed to be insane and should be adjudged incompetent by the Court and the application for divorce should also be granted, the Court shall issue an order n the judgment effectng such spouse to be an incapacitated person, appointing a guardian and allowing the divorce.

In case there the Court deems that the ground upon which the claim for divorce is based is not proper to the condition of the incapacitated spouse who is going to divorce the other spouse, ir it is not proper under such circumstances that divorce should be allowed, the Court may not pronounce the judgment to effect the divorce.

Section 1520. In case of divorce by mutual consent, the spouses shall make an agreement n writing for the exercise of parental power over each of the children. In the absence of such agreement or an agreement thereon cannot be reached, the matter shall be decided by the Court.

In case of divorce by judgment of the Court, the Court trying the divorce case shall also order that the parental power over each of the children belongs to any party. If, in such trial, it is deemed proper to deprive that spouse of the parental power under Section 1582, the Court may give an order depriving that spouse of the same and appointing a third person as a guardian, by taking into consideration the happiness and interest of the child.

Section 1521. If it appears that the person exercising parental power of the guardian under Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the Court has the power to give an order appointing a new guardian by taking into consideration the happiness and interest of the child.

Section 1522. In case of divorce by mutual consent, an arrangement shall be made and contained in the agreement of divorce as to who, both of the spouses or either spouse, will contribute to the maintenance of the children and how much is the contribution.

In case of divorce by judgment of the Court or in case the agreement of divorce contains no provisions concerning the maintenance of the children, the Court shall determine it.

Section 1523. In case of divorce by judgment of the Court on the ground as provided in Section 1516 (1), the husband or wife is entitled to compensation from the husband or wife and other woman or adulterer, as the case may be.

The husband is entitled to claim compensation from any person who has wrongfully taken liberties with his wife in an adulterous manner, and the wife is entitled to claim compensation from other woman who has openly shown her adulterous relations with the former’s husband. However, the husband or wife is not entitled to claim compensation if he or she has consented to or connived at the act done by other party under Section 1516 (1) or allowed other person to act as provided in paragraph two.

Section 1524. If the ground of action for divorce under Section 1516 (3), (4) or (6) has arisen through an act of the party at fault with the intention to make the other party so intolerable that action for divorce has to be entered, the other party is entitled to compensation from the party at fault.

Section 1525. The compensation under Section 1523 and Section 1524 shall be decided by the Court according to the circumstances, and the Court may give an order for a single payment thereof or payment in instalments as may be deemed suitable by the Court.

In case where the person who has to make the Compensation is a spouse of the other party, the share of the property received by the former from the liquidation of the Sin Somros on account of divorce shall also be taken into consideration.

Section 1526. In a case of divorce, if the ground for divorce has derived from the guilt of only one party, and the divorce will make the other become destitute deriving insufficient income out of his or her property or business which used to be carried on during the marriage, the latter is entitled to apply for the living allowances to be paid by the party at fault. The Court may decide whether the living allowances be granted or not by taking the ability of the grantor and the condition in life of the receiver into consideration, and the provisions of Section 1598/39, Section 1598/40 and Section 1598/41 shall apply mutatis mutandis.

The right to claim the living allowances is extinguished if it is not raised in the plaint or counter-claim in the action for divorce.

Section 1527. If a divorce is effected on the ground of insanity under Section 1516 (7) or on the ground of suffering from a communicable and dangerous disease under Section 1516 (9), the other spouse shall furnish living allowances to the spouse who is insane or is suffering from the disease, according to Section 1526, mutatis mutandis.

Section 1 528. If the party receiving living allowances remarries, the right to receive living allowances is extinguished.

Section 1529. Rights of action based upon any of the grounds provided in Section 1516 (1), (2), (3) or (6), or Section 1523 are extinguished after one year when the fact which can be alleged by the claimant has been known or should have been known to him or her.

Grounds upon which a claim for divorce can no longer be based may still be proved in support of another claim for divorce based upon other grounds.

Section 1530. Where an action for divorce is pending, the Court may, on application of either party, make any provisional order which it thinks proper such as those concerning the Sin Somros, the lodging, the maintenance of the spouses and the custody and maintenance of children.

Section 1531. In case where a marriage has been registered according to law, divorce by mutual consent takes effect from the time of registration.

Divorce by judgment of the Court takes effect on and from the time when the judgment becomes final; however, such judgment may not be set up to the prejudice to the rights of third persons acting in good faith unless the divorce has been registered.

Section 1532. After divorce, the property of the husband and wife shall be subject to liquidation.

But as between the spouses,

(a) in case of divorce by mutual consent, the liquidation shall apply to the property of

the husband and wife as it was on the date of registration of divorce;

( in case of divorce by judgment, the liquidation shall apply to the property of the

husband and wife as it was on the day when the action for divorce was entered in Court.

Section 1533. Upon divorce, the Sin Somros shall be divided equally between man and woman.

Section 1534. Where either spouse has made disposal of the Sin Somros for his or her exclusive benefit, or has made disposal thereof with an intention to cause injury to the other, or has made disposal thereof without the consent of the other in the case where such disposal is required by law to have consent of the other, or has wilfully destroyed it, it shall, for the purpose of division of the Sin Somros under Section 1533, be regarded as if such property had still remained. If the share of the Sin Somros that the other will receive is not complete to what he or she should have received, the party at fault is required to make up for the arrears from his or her share of the Sin Somros or his or her Sin Suan Tua.

Section 1535. Upon termination of the marriage, the man and woman shall be liable for common debts equally.

[torito]

People: MAN UP & STOP LETTING YOURSELVES WALKED OVER BY MONEY HUNGRY THAIS!!!!!!!!!

Got that off my chest!

Sorry, but sooooooo tired of stories of farangs getting ripped off in Thailand........

What a lot of buls**....

I have never heard that a Thai lady had forced a farang to buy something....farangs do it because they want..nobody forces them..

Can anybody think what it would happend in a western country, if you buy a house and take a woman, for her favours, after a while you marry her, and two years later later want to evict her?.....you will see a money hungry farang woman.....

Easy to bash Thais with trivial and partial arguments..

But yeath...let man up!, let stop letting yourself walked over!...so give what you want, get what you want....and later be accountable for your decisions!...like in any place in the world!