Divorce Law In Thailand

[willnv]

I'm wondering if someone can tell me a little about the divorce law in Thailand. My sister inlaw's husband (they are both thai) just left her for another lady after 11 years of marriage. They have 2 daughters together and it seems he doesn't care about them anymore. They own a house and 2008 Toyota hillux, 3L diesel with a carryboy canopy. The truck is in the husbands name, but is paid for from her bank account. Apparently he has agreed to sign all the paper work for the truck and house into her name. I guess if hes not going to try and get anything out of it then she shouldn't even bother with a lawyer? Also is there any such thing as alimony in Thailand, and should she hire a lawyer to get the money out of him?

Now about the truck. I believe she paid about 300,000 baht down and it was around 720, 000 for the truck. Her monthly payments are about 8000 baht a month. Since she has 2 daughters to take care of and she stopped work a few months ago, I've agreed to pay the monthly payments on the truck until she can sell it or figure out what we want to do. That way the bank doesnt come an repo the truck and she loses the nearly 400, 000 baht shes already put into it. Again its a 2008 or 09 (she bought it just under a year ago) Toyota Hillux, 3.0 diesel, extended cab, probably under 10, 000 kms. It has a really nice carry boy canopy with leather upohlstry inside. I'm wondering if anyone has any idea on what she could sell this truck for? I can get more info about it if needed.

[ThaiLawOnline]

Check on www.thailawonline.com , Divorce section.

If they are foreigners or Thai, it's the same.

But foreigners normally have problems to get 50% of land bought after marriage, as they can't own land, so not considered into <common property> (Sin Somros).

Grounds of divorce are at 1516 of Thai Commercial and Civil Code (also on the same website).

Common property and personal property are at 1471, 1472 and 1474 if I remember.

They can have a MUTUAL divorce by agreement. They can agree on ANYTHING.

Mutual agreement. Easy. Fast. Cheaper in legal fees. 40 baht at the amphur (more or less). You know what you get and you agree on it.

If not mutual--> COURT with a ground.

Court time --> 6 months to a year, NORMALLY. You don't know what will happen. Couples often fights in Court. But there is a good mediation system and I've seen many couples agreing BEFORE going to Court.

Must give 2% deposit at the Court on the amount that is claimed from the other party (for example, 2% of half of common property claimed). If you reach an agreement before the end, you will get back some of you deposit. (Normally 70 to 90%, the Court decides)

Edited May 23, 2009 by Isaanlawyers