Divorce And Business In Thailand

[thaifrance]

hi if some people can help me

i open export company in thailand before married ,i have 49% of share ,company buy land factory ,staff room before married and one land after married for manger home is mean for me (i rent contract 30 years registred land department and i pay by advance for 30 years )

after married i give free 15% of share to my wife and put director with me

i do prenuptial agreement in thailand and my embassy

and now i want divorce ,my wife take a lot of illegal money in company ,i put out director and take out 15% of share (she sign agrement for give back to me )

and my wife ask me 50% of value land of company ,we pass in justice for compromise with judge

judge say must to pay 15% of share you take back if not is criminal case (funny she never pay me )

and must to share benefice of company after married

tanks for your reply

[vont]

i am sure you are duly legally represented in thai court, isn't that correct sir?

you'd better do what the court orders you to do, or do what your legal counsel advises you.... to be on the very safe side of the law.

whatever information you get from thaivisa is nothing.... zeppo....

however you may get lots and lots of moral support from practically all of us here....

and that is the nut shell of the whole thing.... plenty of support and empathy for you....

stick to what your lawyer advises you.... ok?

we all make mistakes of one kind or another in thailand....

some costs more than the others....

you really ought to talk to your lawyer and tell him/her exactly how you feel and what you want in return for what.... is my humble opinion....

certainly wishing you all the best and pls do let us know what is the final outcome ok? we'll even weep with you, if it gets that badly....

[Mario2008]

As said, you have to do what the judge orders.

The 15% was a gift, that is why she never paid you for it.

The proceeds of the company from the date you got married you have to share with your wife, that is exclusive of what you had before you married. So if you had 100,000 before you married and during the marriage you acquired another 100,000 you just split 100,000 and not the full 200,000 you have.

But do get competent legal advise, if you don't have a lawyer already.

[Sunbelt Asia]

Since the 15% of the shares you gave your wife was a gift that you gave to her while you were an authorized director, then the Judge was correct in requiring you to pay her back in full the value of that gift after you took it back. Even if she signed a Share Transfer Instrument that does not waive the responsibility of reimbursing her for her shares. The Judge is requiring you to pay her back for shares that she owned. To not pay her back could be considered theft by the courts.

The fruits of the company were acquired after marriage, even though the shares were owned by you before the marriage, any benefit gained during marriage would be considered a marital asset and thus the earnings after marriage would be split 50/50.

The moment she became a shareholder, she also became entitled to any dividends that were paid out.

I would recommend a lawyer to help you work your way through this, including dealing with the prenuptial agreement and how it pertains to assets acquired or earned after marriage.

[sunbelt][/sunbelt]

[BusyBee123]

Since the 15% of the shares you gave your wife was a gift that you gave to her while you were an authorized director, then the Judge was correct in requiring you to pay her back in full the value of that gift after you took it back. Even if she signed a Share Transfer Instrument that does not waive the responsibility of reimbursing her for her shares. The Judge is requiring you to pay her back for shares that she owned. To not pay her back could be considered theft by the courts.

The fruits of the company were acquired after marriage, even though the shares were owned by you before the marriage, any benefit gained during marriage would be considered a marital asset and thus the earnings after marriage would be split 50/50.

The moment she became a shareholder, she also became entitled to any dividends that were paid out.

I would recommend a lawyer to help you work your way through this, including dealing with the prenuptial agreement and how it pertains to assets acquired or earned after marriage.

[sunbelt][/sunbelt]

eeek that is something I did not want to read. Does this mean shares I've owned which haven't been cashed in yet are to be split 50:50 if they are cashed in after marriage? or the difference in value of the shares pre and post marriage? This marriage lark doesn't have any benefits to the foreigner as far as I can see you only ever lose