My Thai Wife Is Asking For A Divorce After 20 Years Of Marriage

[Weblogger]

I need some advice from somebody familiar with Thai divorce law.

After 20 years of marriage my wife is suddenly asking for a divorce. She told me that she has filed for divorce at the district office already, but I have not seen and heard anything from them so far. Since I have to agree by signing the papers anyway, nothing can happen at this stage.

We both own a large house (value approx. THB 5 mio) and she wants to sell it and give me half of the selling price. As far as I know this is the legal requirement and she wants to stick to it. Unfortunately it is rather impossible to sell houses at this moment, because of the economic crisis. It could take perhaps 2 years to sell it and I would have to stay in the house for that time.

An alternative is, and that is my main question, moving out now (my wife has offered me some cash as advanced payment) and rent a house by myself.

We have a 19 years old son that is attending the university here. He has a German passport.

Friends have warned me, that if I move out I may forfeit some of the legal rights including receiving half of the selling price of the house.

Is that true and what would be the implications?

I have told my wife that I would only agree to a divorce after the house has been sold because that is the only tool I have left to put some pressure on her.

I have not been fooling around and I don't think my wife has but she has a friend that runs an internet partner service and through her help she is looking for a "rich man".

She is however already 46 years old and I don't think such "rich men" are mot lurking around every corner.

Anybody with an advice for me?

[Boo]

Wow, sorry to hear this bad news & I hope you can move on without too much stress.

My first & only real advice is this; Visit a lawyer who specialises in family/dicorce law. Get the information you need regarding splitting of assets & what the legal situation would be if you movedf out & if your wife & you can come to an amicable agreement then visit the amphur together with the agreement drawn out, your original wedding certificates, id & get an amphur divorce. It is the cheapest & most efficient way to end a marriage where both parties are in agreement.

[Mario2008]

Can't add to the advise of seeing a lawyer, since property is involved.

If you are on an extension of stay based on amrriage, your permission to stay will cease when you divorce.

[harrry]

Sory to hear of this after 20 years. It must be hard for both of you.

It sounds as if she is trying to be fair. By Thai law you do not own the house she does totally so the only property divided 50/50 is other assets aquired during the marriage.

Try to check this out without having an argumet with her as it is much better after 20 years to retain a friend rather than the enemy that always results from this battle.

[stevehaigh]

it seems odd to me that a 46 year old Thai woman married to a farang who i assume from your OP is a pretty good husband and provider, wants out of the marriage.

most Thai girls dream of finding a farang husband while in their 30s knowing that there isn't much hope for them after passing 40.

i'm not doubting your story at all. i'm just wondering what drove her to wanting divorce?

steve

[Farma]

It does sound as if she’s trying to be fair. Try to keep things on friendly terms but keep your wits about you just incase lawyers try to turn things nasty.

Definitely seek legal advice. If she’s filed in the courts you’ll need a lawyer anyway. If you can stay with the agreement it should be fairly straight forward in court. In my experience the judges will ask you both to approach the court and try to mediate a deal prior to proceeding with the case. If the mediation satisfies the court the divorce should come soon afterwards.

If the court agrees with the deal you’ve both agreed there are ways to protect your asset split. Your lawyer can make a claim against her Thai assets for monies owing. The same applies to any claims she may have against your Thai assets. These claims can stay active for 10 years. In my oppinion the old expression a bird in the hand is worth 2 in the bush also applies. It's better to have cash in your hand rather than try and chase it.

One word of caution. Keep a close eye on your lawyer’s actions and advice. It’s not unheard of for some, not all, to accept offers from the opposition that favour your lawyer and the opposition rather than you. Question any suspect actions and advice he might give.

Talk to a lawyer for the best advice.

[sabaijai]

By Thai law you do not own the house she does totally so the only property divided 50/50 is other assets aquired during the marriage.

That's not true. Thai divorce law clearly states that the foreign spouse is due 50% of the value of all assets acquired after marriage, including real estate, regardless of whose name is on the titles.

Whether he lives in the house or not, if his wife sells or rents the house he is due 50% of the value of any transaction. Best to have a Thai lawyer explain this to both you and your wife.

One more thing, under Thai law she cannot divorce you without your signature consenting to divorce. Obviously you should not consent to divorce until you have a settlement agreement in writing, with her signature on it.

[Farma]

<snip> One more thing, under Thai law she cannot divorce you without your signature consenting to divorce. <snip>

Not entirely correct. Under certain circumstances a court decree overrides this.

In block 5 of Khor Ror 6 Registration of Divorce certificate "Verdict in Lieu of consent" is entered. The details listing the court ruling are placed in the Addendum on the reverse side of this certificate.

Edited September 16, 2009 by Farma

[Mario2008]

Believe you either divorce at the amphur, to which both parties have to agree or you divorce by court decision. The last takes longer, cost more and can only be granted on the grounds stated in the law. For a divorce at the amphur there is no need for a ground, just the concent of both.

[mahtin]

Thankfully the OP had the sense not to post this in General.

[OxfordWill]

Yes he saved himself some pathetic comments. Please see a reputable lawyer as soon as possible, you are one of the only divorce-related postings who can spell, was succint and didn't come across as an idiot who caused it all for himself. As such we're all rooting for you to be happy with the outcome. Best of luck

[tomwct]

Yes he saved himself some pathetic comments. Please see a reputable lawyer as soon as possible, you are one of the only divorce-related postings who can spell, was succint and didn't come across as an idiot who caused it all for himself. As such we're all rooting for you to be happy with the outcome. Best of luck

Go to your Embassy and get a list of recommended lawyers after explaining your present position!!! You maybe able to pay her off for her portion of the house and then the court would allow you to sell the home over the next 2-3 years!!! The house would remain with the courts until sold!!! The laws change here so often that they may advise a different tactic!! Good luck though!!!

[mackayae]

Another option would be to transfer the title of the house to your son. I'm assuming he has a Thai ID card. Then get the divorce at the amphur.

[loonodingle]

I wouldnt sign any divorce papers until you have the hard cash in your hand.

Lawyers In Pattaya will drain you dry of money. I personally have had experience of this. They where helping her and working for me.???????

Thai's love Thai's i suppose.

Just sit it out. Stay in the house and dont sign or do anything until you get the money. She's obviously upto no good and her sweet smiles and nice words is only to get you outta the way.

And dont be jumping of the roof with your hands tied behind your back.

Good Luck......