Divorce, Could My Wife Claim 50 % Of Oversea Bank Acc

[krumme11]

Hi

Im at the moment, im trying to get a divorce from my wife, we are legal marriage in Thailand.

we have at the this stage agree, that she will take over our biz. where she pay me x amount of money, I will give her my car, and I will cancel my 30 years rent on our land,I had paid everything, good deal for her :-), but I just want to get out.

The thing is if she want more, can she then claim any money from me, that i have on bank account abroad.

We have only been living in Thailand.

[Mario2008]

Normally when you divorce in Thailand, you split up half of what you earned during the marriage. Assets one had before the marriage are not split. That also goes for assets abroad.

In Thailand you can also make an agreement on how to split the assets when you want to divorce. You have to enter such an agreement when register your divorce at the amphur. It seems you are in agreement with your wife to get a divorce, so the amphur way is the easiest way to go forward. Just show up at the amphur (with 2 witnesses) state that you both want to get divorced and return the marriage certificate to receive a divorce certificate and enter any agreement. In the agreement you don't have to split 50-50.

Edit:

article about divorce in Thailand:

http://www.thaivisa.com/forum/redirect.php...n-thailand.html

[Mario2008]

Moved to family section as not visa related.

[krumme11]

Ok thanx

But lets say that we do,all the stuff regarding biz,car,lease on the land , before we got our divorce, and then I move my money away from Thailand, would she be able to claim 50 % of those money. i could open a new account in another country, not my home country.

The thing is that we have a child together, and that she is put a pressur on me that she dont want the child, and I cant take care because of my work worldwide.

So we talk about wait with divorce, see what happend, but I think later that with the money I make abroad, see will claim divorce, and then get 50 % of what I have

As I am giving her a very good biz, and nice land, I think that by itself is enough for child support

[Mario2008]

Child support is a separate issue. You don't have to pay alimony in Thailand, but you do have to pay child support.

A claim could be made, if she wants 50% of the wealth you gathered during the marriage. That is not 50% of what you have. All what you had before the marriage you don't have to split. It remains yours. A house etc. remains yours. If you had 100,000 before you married and now have 200,000 you only split the extra 100,000. Not the whole 200,000.

How enforceable that is abroad is another question. An agreement filed with the divorce would annul the 50% rule, that is why I advice to get an arrangement with you wife, including the custody of the child and child support.

[krumme11]

Ok thanx

But lets say that we do,all the stuff regarding biz,car,lease on the land , before we got our divorce, and then I move my money away from Thailand, would she be able to claim 50 % of those money. i could open a new account in another country, not my home country.

The thing is that we have a child together, and that she is put a pressur on me that she dont want the child, and I cant take care because of my work worldwide.

So we talk about wait with divorce, see what happend, but I think later that with the money I make abroad, see will claim divorce, and then get 50 % of what I have

As I am giving her a very good biz, and nice land, I think that by itself is enough for child support

OK

Sounds like a good idea

Thanx

[krumme11]

Ok thanx

But lets say that we do,all the stuff regarding biz,car,lease on the land , before we got our divorce, and then I move my money away from Thailand, would she be able to claim 50 % of those money. i could open a new account in another country, not my home country.

The thing is that we have a child together, and that she is put a pressur on me that she dont want the child, and I cant take care because of my work worldwide.

So we talk about wait with divorce, see what happend, but I think later that with the money I make abroad, see will claim divorce, and then get 50 % of what I have

As I am giving her a very good biz, and nice land, I think that by itself is enough for child support

OK

Sounds like a good idea

Thanx

What would happend if I after have done all the finacial things, left thailand , and never returnd, would it be a crime ? I know that I would be bad for my baby, and selfish, but my wife is cheating on me, and that will never stop.

[Farma]

In my experience if you’ve already agreed on the asset split/child support and get divorced uncontested at the Umphur she won’t have any further claims. You’re divorced with minimal legal costs, end of story.

I would recommend you have a lawyer draw up the agreement and both agree on the agreement prior to attending the umphur. I’d also suggest you take the lawyer with you.

Or

If you go the hard route with a contested divorce through the courts, the court will decide on asset split/ child support in their decision.

In my experience the court will attempt to mediate a deal between you and your wife in regards to asset split and child support prior to commencing the case. The court prefers a lump sum payment for child support rather than monthly payments.

If you don’t agree with mediation, the case will follow court procedures and possibly take a number of years to finalize. Once the court rules on the amount of asset split/child support, you must pay that amount before the divorce can be finalized.

A court divorce can incur large legal costs on top of asset split/child support amounts.

If you proceed as suggested in leaving Thailand and not returning after the financial split won't you still be married. At one stage in the future you might wish to remarry and then have additional hassles trying to track down your wife and organize a divorce. In my opinion it would be better to get the divorce over and done with now.

[Mario2008]

What would happend if I after have done all the finacial things, left thailand , and never returnd, would it be a crime ? I know that I would be bad for my baby, and selfish, but my wife is cheating on me, and that will never stop.

Your post is not entirely clear. If you are divorced and settled everything you can leave Thailand. If you just leave your wife without a divorce and take everything with you it is not a crime. Your wife can file for divorce after 1 year and ask for 50% of the wealth gained during the marriage.

In addition she can file for child support.

It can be a strategy to get a divorce under better conditions. But any wealth you continue to gain while not divorced will be 50% hers.

[krumme11]

What would happend if I after have done all the finacial things, left thailand , and never returnd, would it be a crime ? I know that I would be bad for my baby, and selfish, but my wife is cheating on me, and that will never stop.

Your post is not entirely clear. If you are divorced and settled everything you can leave Thailand. If you just leave your wife without a divorce and take everything with you it is not a crime. Your wife can file for divorce after 1 year and ask for 50% of the wealth gained during the marriage.

In addition she can file for child support.

It can be a strategy to get a divorce under better conditions. But any wealth you continue to gain while not divorced will be 50% hers.

So it will mean,if I go to lawyer, writer everything down, we both sign, then later go Ampur, then she cant change her mind, because already sign thru a lawyer ?

[Mario2008]

What would happend if I after have done all the finacial things, left thailand , and never returnd, would it be a crime ? I know that I would be bad for my baby, and selfish, but my wife is cheating on me, and that will never stop.

Your post is not entirely clear. If you are divorced and settled everything you can leave Thailand. If you just leave your wife without a divorce and take everything with you it is not a crime. Your wife can file for divorce after 1 year and ask for 50% of the wealth gained during the marriage.

In addition she can file for child support.

It can be a strategy to get a divorce under better conditions. But any wealth you continue to gain while not divorced will be 50% hers.

So it will mean,if I go to lawyer, writer everything down, we both sign, then later go Ampur, then she cant change her mind, because already sign thru a lawyer ?

She can't change her mind. Not because of the lawyer, but because you have a "contract" with her, which was registered. The lawyer is there to make sure everything is legal and there are no loopholes.