Divorce

[Aforek]

Hello, 

out of curiosity, how to divorce a Thai woman , who doesn't agree to divorce at the amphoe

she doesn't live in the house, just come to ask money and she lives with a Thai man 

A lawyer is needed ( do you know one ? )? ; in this case, do the farang has to give money to the woman when 

the divorce is acted ? ( she left and she lives with a Thai man : no children together  ) ; how much does it cost ? 

thanks

[Gecko123]

Even though some may try to ridicule you for giving money to a woman living with another man, from a strictly financial standpoint you have to weigh how much you are giving her per month versus how much you stand to lose if you are forced to liquidate or abandon your interest in any real property or marital property you have.

 

What I'm suggesting is if you: (1) don't necessarily have a reason to get a divorce (i.e., remarriage), (2) would incur a financial loss greater than the value of the stipend you are giving her, and (3) are highly confident that your wife and her paramour would never do you bodily harm for financial gain, then you might want to consider leaving the status quo in place.

 

In answer to your question about whether you would have to give her money as a result of the divorce, it all depends on what is considered "marital property." "Marital property" does NOT mean everything purchased during the marriage. If, for example, you are an older guy who retired to Thailand, and used personal savings you accumulated prior to marriage to purchase things like land, a home, and a car, those items, even though they may have been purchased during the marriage, are considered your "personal property" NOT marital property. The burden of proof that the property was owned by you prior to the divorce, however, rests with you. 

 

The caveat to all of the above - and it is a big caveat - is that unless you have somehow managed to set up a long term lease on the land or set up some shell corporation to put the land title into, chances are that the land is registered in a Thai person's name, most likely your wife's, and this makes it very cumbersome to liquidate the real estate assets in the event of a divorce. The vast majority of foreign men in this situation end up either being forced to walk away from the property or doing so voluntarily, with a total loss. This is because either the wife refuses to cooperate with efforts to sell the land and/or house, or the market value is so low that it's not worth the hassle to go through a multi-year court battle to force her hand.

 

To illustrate the point I was making earlier, let's say you're giving her 10K a month, but if you were forced off the property and  ended up paying 35K in rent. Then there's the legal costs, both financial and in terms of time and stress. See what I'm saying?

 

But setting aside the financial angle for a moment, I have to say, if the wife is romantically involved with another man and has any type of financial incentive to get you out of the picture, that's not a situation I personally would feel comfortable with, and it's entirely possible that getting a divorce is advisable. Most lawyers practice locally, not countrywide. English speakers are going to cost an arm and a leg, but small town lawyers can be incompetent or worse. My advice would be to try to avoid going to court at almost any cost.

 

Edited August 6, 2022 by Gecko123

[1FinickyOne]

If you are looking for a lawyer, you might want to reveal your location... 

[stupidfarang]

So many unknown factors left out of this question, how long have you been married, do you own property. If the wife has left you and is living with another man then why are you paying her money? why not cut all ties with her? 

In my opinion, if no property involved then move to another part of Thailand and then stop paying money to her, also change your phone number. If there is property involved, then may want to get a lawyer. I would not pay her any money and would change the locks on the house, condo

[pontious]

Anyone know what the fees fr a lawyer would be for an amicable divorce,?

[jastheace]

26 minutes ago, pontious said:

Anyone know what the fees fr a lawyer would be for an amicable divorce,?

if amicable you will not need a lawyer. if you can't bear to be in the same room with each other, then 35k seems to be the amount.

[simon43]

So your legal wife is living with a Thai man and presumably f***ing him.  Under Thai law, you can sue him for financial damages for having sex with your legal wife.  Mention the relevant law to your lovely wife and her Thai man, and that should persuade her to be at the Amphur office double quick for the divorce (it did for mine!)

[node]

In Thailand, there are only (10) thinks in the Civil Commercial Code (CCC) that a Thai court can grant a divorce. 

(1) of which is Infidelity by either party; another abandonment my either party for (1) year, yet another, is abused; and also separated for (3) years.

I think in any country, Infidelity & Abused are the most difficult to prove and trashed out in any court on this planet.

Under Thai law there is no clause for Alimony. 

It would be advisable to retain a "Divorce Lawyer", many chaps kicking around this town calling themselves lawyers and do not have a clue about Thai divorce laws.

The cost of a Thai divorce Lawyer depends on your location, can start from 10,000 THB into the hundreds of thousands. 

Goes without saying, have a very very good English / Thai interpreter friend. 

To use the abandonment clause, you cannot be seen in photos, parties, dinner, sleeping over etc. together. I think you may have to bring a witness or two, stating that you and your wife have not been living together for such and such period. 

If there is property involved, the key is " What date" was  your name or her name placed on that ownership document at the land office. Before marriage or after marriage, is all the divorce court looks at.

Another point; any think you want stated in your divorce filing, ensure it is written in Thai then that same clause written in English. 

Also if in Thailand on a marriage visa, upon divorce you will have to go to the immigration and have your visa canceled. They would give you I think (7) days to pack up and leave Thailand, unless you switch to another visa before the divorce.

Best of luck.

 

 

[thaibeachlovers]

On 8/7/2022 at 2:49 PM, stupidfarang said:

So many unknown factors left out of this question, how long have you been married, do you own property. If the wife has left you and is living with another man then why are you paying her money? why not cut all ties with her? 

In my opinion, if no property involved then move to another part of Thailand and then stop paying money to her, also change your phone number. If there is property involved, then may want to get a lawyer. I would not pay her any money and would change the locks on the house, condo

Depends on the visa extension. Can do if based on retirement, but not if based on marriage.