Divorcing In Thailand

[leprechaun]

Hello.

I am going to divorce in Thailand next week but by wife did live in the uk-under Thai law will she have any rights to my uk assets ie money, property etc.

Thanks

[SantiSuk]

In principle yes. Whether or not she has spent time in the UK she is your legal wife, recognised as such by the UK* (I assume you were legally married, either in Thailand or somewhere where the marriage would be recognised by the UK). UK law does not make any differentiation for nationality or residence of wives in divorce law. If they can present their legal case in front of UK law they are enttled to its priveliges. She will of course have to present her case in the UK, which is usually what prevents many Thai wives going too far down this road. Uk courts will also take into account her foreign assets and her maintenance requirements in the country she will choose to inhabit. It is possible that if they hear that the Thai courts have made a settlement out of Thai assets that they will start from a presumption that she requires nothing further but if she hires a good l;awyer that is easily blown away.

I am not a lawyer and you should not rely on this alone. My understanding is based on advice I received when setting up my marriage protections (prenuptials) with UK and Thai lawyers #. If you have any substantial assets you need to start paying someone for proper advice in whichever countries you have assets. Bear in mind that those laywers may need to work together - cross-territorial divorce proceedings can be messy if both parties are going for it hammer and tongs.

* sorry I mean the law of England & Wales when I say UK law (of which there is no such thing)

# I repeatedly see the urban myth spouted on here that prenuptials are a waste of time and not recognized in the UK

Edited March 21, 2011 by SantiSuk

[leprechaun]

Thanks for your advice. She will divorce in Thailand and not return to the uk and my assets dont amount to much as I have very little equity in the property but would like to hang on to the house as a future investment

[leprechaun]

I know that Will need to seek legal advice but just want some ideas

[Gumballl]

Do you have any kids? If not, a divorce in Thailand can take anywhere from 30-60 minutes; in other words, it is quite simple. As long as both parties agree, then it should be quite simple. If your wife is contesting the divorce, or seeking monetary compensation, then she has the right to hold out on the divorce until you make things "right".

Edited March 21, 2011 by Gumballl

[leprechaun]

Yes I do have kids but we are not in too much contention. She has not specified yet but I believe that she wants a divorce more than I-I am fully prepaired to walk away from the divorce if she becomes silly.

I just really wanted to know what can she lay claim to

[Mario2008]

Some information about Thai family law here:

http://www.thaivisa.com/forum/topic/313877-thai-family-law/

Thai law does know child support, about 3,000 for a child plus you share medical osts and cost of education. There is no limony under Thai law. What the you are entitled to when you divorce is half of eachothers assets that where acquired DURING the marriage. (That includes all debts). You don't split the assets you already had before the marriage.

[Beetlejuice]

Your wife does not have any claims on your UK assets under Thai law, although if you are receiving any UK based income for your living expenses while you are living in Thailand she can take you to court for a percentage of your income towards her upkeep if she is not working or in a low paid job and for the care of the children if they are living with her.

Also, she may have a claim to your UK assets and income under UK law. If your wife travels to the UK she can pursue you for maintenance through the divorce courts and child protection agency, even in your absence. Your wife would probably receive legal aid via the UK legal system and social services.

Edited March 21, 2011 by Beetlejuice

[Mario2008]

Non-sensible post deleted.

[GreenSnapper]

If she is legally divorced in Thailand, can she later still try UK courts to fleece you?

[Mario2008]

If she is legally divorced in Thailand, can she later still try UK courts to fleece you?

Under circunstances it is possible to lay a claim in a UK-court.

[kunash]

# I repeatedly see the urban myth spouted on here that prenuptials are a waste of time and not recognized in the UK

it is my understanding that pre nuptuals are not legally binding in the UK. In the event of any divorce the judge or courts might take one into account, as long as it is fair to both parties. What can make a prenup stronger, and more likely to be recognised are regular post nuptual agreements.

[GreenSnapper]

If she is legally divorced in Thailand, can she later still try UK courts to fleece you?

Under circunstances it is possible to lay a claim in a UK-court.

That's very interesting. Under which circumstances?

At this moment she is legally not married. The ex husband may have paid some compensation under Thai law.

How is it possible that she can go after your assets back in UK?

[chooch7]

If she is legally divorced in Thailand, can she later still try UK courts to fleece you?

it was about love op did not mention he married a BAD kind of girl

[roamer]

Your wife does not have any claims on your UK assets under Thai law, although if you are receiving any UK based income for your living expenses while you are living in Thailand she can take you to court for a percentage of your income towards her upkeep if she is not working or in a low paid job and for the care of the children if they are living with her.

Also, she may have a claim to your UK assets and income under UK law. If your wife travels to the UK she can pursue you for maintenance through the divorce courts and child protection agency, even in your absence. Your wife would probably receive legal aid via the UK legal system and social services.

That might have once have been the case. Under current legislation changes pending almost no legal aid is going to be available for divorce cases or any legal action that they are not obliged to provide. For the most part these days unless your arrested your now going to be paying your own legal bills.

[jaideeguy]

Not to hijack this post, but what is the obligation of the husband to children of a previous marriage that have not been legally adopted by the husband...... if divorced??

[SantiSuk]

# I repeatedly see the urban myth spouted on here that prenuptials are a waste of time and not recognized in the UK

it is my understanding that pre nuptuals are not legally binding in the UK. In the event of any divorce the judge or courts might take one into account, as long as it is fair to both parties. What can make a prenup stronger, and more likely to be recognised are regular post nuptual agreements.

Agreed - our posts are not conflicting and my choice of the word 'recognised' was deliberate (and that is the word many people use when poo-pooing them). I believe though that a judge or courts 'will usually' ('might' is too cautious) take one into account if it is fair to both parties (and properly constructed and several other preconditions). I have not yet seen anyone report that their prenup was a waste of money whereas I had two work colleagues in the UK who have since said they had been indispensible. However my opinion was mostly forged by a friend of my sisters who is a UK divorce barrister - he had no personal financial interest in whether I did or not.

[kunash]

Not to hijack this post, but what is the obligation of the husband to children of a previous marriage that have not been legally adopted by the husband...... if divorced??

if you marry a woman who has children from a previous marriage, and you all set up home together, then the children will be part of the family, so if you divorced, you would be financially responsible for those children. in a divorce there is a certain pecking order, as far as the courts are concerned; children first, the wife, then you are at the bottom of the pile, so to speak

edit; i am talking about the UK here

Edited March 22, 2011 by kunash

[Mario2008]

If she is legally divorced in Thailand, can she later still try UK courts to fleece you?

Under circunstances it is possible to lay a claim in a UK-court.

That's very interesting. Under which circumstances?

At this moment she is legally not married. The ex husband may have paid some compensation under Thai law.

How is it possible that she can go after your assets back in UK?

I can't tell you exactly, best advice is always from a competent UK lawyer. But factors will be is she had legal council, is she left out in the cold and what is the connection with the UK (for instance did they live their for a while).

[Mario2008]

Thai law states that parents are bound to support their children during their minority and section 1568 of book V of the family code states that a person who has alread has a child from a previous marriage and marries another person keeps his/her parental powers over the child.

It all depends on how a judge will decide if such a case would ever be brought before the courts.

[BigJohnnyBKK]

Do you have any kids? If not, a divorce in Thailand can take anywhere from 30-60 minutes; in other words, it is quite simple. As long as both parties agree, then it should be quite simple. If your wife is contesting the divorce, or seeking monetary compensation, then she has the right to hold out on the divorce until you make things "right".

Even if you have kids (I have two, very young infants) if the wife agrees the longest part of the process is the queue at the district office. In my case the official just confirmed that she was willing to give up all her rights to the kids and wasn't asking for any money, wrote two sentences in Thai on the form, stamped it and gave us each a copy.

Boy what a load off my mind that was!

Since then she's changed her mind and tried to come back but so far I've held firm. She's only slightly used in good condition and looking to get out of Thailand if anyone's interested ;-)

[SantiSuk]

Those little words 'so far', Big Johhny. You are on the slippery slope again already

PS - good offer. Most of the population seems to be more than 'slightly' used