JDGRUEN Posted October 4, 2014 Share Posted October 4, 2014 OP - you refer to her as your 'EX'. So are you just split up? Or has a divorce been filed in Thailand ... And/or has the divorce been completed in Thailand. If it were me... I would also be asking those OZ lawyers if some / all your cash and investment assets could be moved to - Say - Singapore or other places. This is assuming you have not already divorced in Thailand... If you have not divorced in Thailand - especially if no divorce has even been filed... It would seem on the surface that certain assets could be moved out of country... Even to a Cayman Island, Panamanian, or Swiss Secret Bank account... Of course Real Estate is another matter... Link to comment Share on other sites More sharing options...
NeverSure Posted October 4, 2014 Share Posted October 4, 2014 Australia has a "motion to compel" that can be filed asking for discovery. It is a crime to refuse or defraud. If she hires an attorney that's the first thing that will happen. You'll get hit with a boilerplate form demanding that you give truthful answers to all questions which are "requests" for discovery. (Boilerplate means a standardized form.) Link to comment Share on other sites More sharing options...
JDGRUEN Posted October 4, 2014 Share Posted October 4, 2014 Australia has a "motion to compel" that can be filed asking for discovery. It is a crime to refuse or defraud. If she hires an attorney that's the first thing that will happen. You'll get hit with a boilerplate form demanding that you give truthful answers to all questions which are "requests" for discovery. (Boilerplate means a standardized form.) 'Yes - this is very similar to what goes on in the U.S. and over the years I came to know plenty of people - mainly men who committed fraud in divorce - and got away with it. And women too... their usual tactic - knowing they are going to dump the guy is that they squirrel away cash over several years and it just disappears... Another close friend had the surprise of his life when he learned at near divorce time his wife had run up $160,000 credit card bill on shared account cards. She bought all sorts of valuable things... which became near impossible to trace where it all went. This had the effect of offsetting he getting half of her 401k fund ... People are quite amazing when it comes to divorce time. I remember back in the 1970's one neighbor fellow bought a very expensive sail boat through a myriad of transactions that looked like business deals ... Both of these examples got away with it... I am not suggesting that OP do anything illegal -- but the lawyers may find a legal dodge for some of the cash. Link to comment Share on other sites More sharing options...
harrry Posted October 5, 2014 Share Posted October 5, 2014 To get a divorce in Australia, the marriage must be first registered in Australia. No registration means no marriage. To register requires both parties to be present. How can a divorce take place that is first not recognised? This law change occurred recently, in the past Thai marriages were not recognised. Sent from my GT-P7500 using Thaivisa Connect Thailand mobile app false Link to comment Share on other sites More sharing options...
jacky54 Posted October 5, 2014 Share Posted October 5, 2014 Must say reading through this I am a bit confused as a few differing opinions and they all can't be right. Some sort of permanent correct info on divorce in various countries would be helpful, as it does seem to be almost as common as marriages. Link to comment Share on other sites More sharing options...
inbangkok Posted October 23, 2014 Share Posted October 23, 2014 (edited) Do any of your assets back home have her name on them? Does she have an Australian passport? I don't see any realistic way she will get any of it......I just don't. She sounds like a truly horrible human being. True scum.....after everything you already bought her and everything you have already financially done for her. I wish you luck in finding someone so much better (if you have not already). Edited October 23, 2014 by inbangkok Link to comment Share on other sites More sharing options...
hellohello123 Posted October 27, 2014 Share Posted October 27, 2014 what a wonderful world we live in, where a woman with no education, low IQ can get married to some guy in thailand for a short period of time, no kids, and then get access to his assets through an australian court, and its no wonder the number of men choosing to marry are going down every year but it seems that many foreigners in thailand have been married multiple times before so I guess another marriage isnt such a big deal Link to comment Share on other sites More sharing options...
Chao Lao Beach Posted October 28, 2014 Share Posted October 28, 2014 I'm not entirely clear about what the OP is saying... He very clearly talked about a lot of assets he paid for for his wife in Thailand during their marriage, and under Thai law, they'd be required to divide those evenly upon divorce (although he wouldn't be able to told title to any land on an ongoing basis). But when he talked about the wife potentially wanting to go after his assets in OZ, as best as I read here, he never clearly indicated whether those OZ assets were ones he acquired before the marriage, or after they were married, or in which category the bulk of them lie. Under Thai law, whether the assets are in Thailand or in OZ, she'd only be entitled to half of any OZ assets he acquired during their marriage...but would have zero claim on any OZ assets he possessed prior to their marriage. However, then it begins to get fuzzy about how it would be determined which country's laws would govern the divorce. And if she was able to file first in OZ despite not living there or being there, would that put the case in OZ under OZ laws? Or if he filed first in Thailand, would that put the case under the presumably more favorable Thai laws? It's giving me a headache....The notion that a foreign national who has never lived in a country and wasn't married there would be able to file for divorce there (without even needing to be physically present to do so) seems a very odd construct. I must admit, this is a old thread and I am only getting through it, but this is a good point here. Link to comment Share on other sites More sharing options...
Chao Lao Beach Posted October 28, 2014 Share Posted October 28, 2014 So what was the outcome ? Link to comment Share on other sites More sharing options...
Kenny202 Posted October 31, 2014 Share Posted October 31, 2014 I checked this right out a few months ago and a legal marriage is recognised in Australia (a village buddhist wedding isn't) and even if she has never set foot in Australia she can apply for settlement in Australia. There are lawyers in Thailand specialising in this and many in Sydney. Once upon a time not so long ago a girl in Thailand wouldn't have had the wherewithal to pursue something like this but problem these days these girls all network on facebook etc and are pretty clued up on this stuff or can do a simple Google search. I didn't believe it either until I got legal advice and actually saw it for myself on the Australian family law website. Just more evidence to me of how the wnkers and do gooders in this country (Australia) are slowly destroying it. I have a great Thai girl whom I trust implicitly but have told her I will never give her a registered marriage and explained to her why. I'm too old too put half or more of my assets at risk. To me going to Thailand, particularly if you have substantial assets and doing a registered marriage is in some ways actually giving the girl an incentive to flick you. I was told long ago Thais are on the whole opportunists. The secret to being happy in Thailand is not to present them with "opportunities". Ridiculous thing is you can knock a girl up over there and there are no reciprocal laws to make you responsible in Australia. 1 Link to comment Share on other sites More sharing options...
nev Posted November 6, 2014 Share Posted November 6, 2014 don't want to start a new thread so here goes, what If it comes to divorce and she is after money from your own country do they take into account her assets too ?, reason I ask is my wife has more assets than me mainly in land, would this be taken into consideration ?. l am not getting divorced just curious to know. Link to comment Share on other sites More sharing options...
harrry Posted November 7, 2014 Share Posted November 7, 2014 don't want to start a new thread so here goes, what If it comes to divorce and she is after money from your own country do they take into account her assets too ?, reason I ask is my wife has more assets than me mainly in land, would this be taken into consideration ?. l am not getting divorced just curious to know. In Australia yes. Link to comment Share on other sites More sharing options...
nev Posted November 7, 2014 Share Posted November 7, 2014 don't want to start a new thread so here goes, what If it comes to divorce and she is after money from your own country do they take into account her assets too ?, reason I ask is my wife has more assets than me mainly in land, would this be taken into consideration ?. l am not getting divorced just curious to know. In Australia yes.Thanks mate handy to know and yes Australia. Link to comment Share on other sites More sharing options...
nev Posted November 7, 2014 Share Posted November 7, 2014 don't want to start a new thread so here goes, what If it comes to divorce and she is after money from your own country do they take into account her assets too ?, reason I ask is my wife has more assets than me mainly in land, would this be taken into consideration ?. l am not getting divorced just curious to know. In Australia yes.Thanks mate handy to know and yes Australia. Link to comment Share on other sites More sharing options...
nev Posted November 7, 2014 Share Posted November 7, 2014 don't want to start a new thread so here goes, what If it comes to divorce and she is after money from your own country do they take into account her assets too ?, reason I ask is my wife has more assets than me mainly in land, would this be taken into consideration ?. l am not getting divorced just curious to know. In Australia yes.Thanks mate handy to know and yes Australia. Link to comment Share on other sites More sharing options...
harrry Posted November 7, 2014 Share Posted November 7, 2014 don't want to start a new thread so here goes, what If it comes to divorce and she is after money from your own country do they take into account her assets too ?, reason I ask is my wife has more assets than me mainly in land, would this be taken into consideration ?. l am not getting divorced just curious to know. In Australia yes.Thanks mate handy to know and yes Australia. Only thing is in Australia in that court it is a woman's world. Link to comment Share on other sites More sharing options...
Farma Posted November 7, 2014 Share Posted November 7, 2014 don't want to start a new thread so here goes, what If it comes to divorce and she is after money from your own country do they take into account her assets too ?, reason I ask is my wife has more assets than me mainly in land, would this be taken into consideration ?. l am not getting divorced just curious to know. Having been there done that I can confirm arbitration takes into account foreign assets. If the actual asset valuation cant be confirmed, arbitration will accept evidence of similar property that had been advertised or sold nearby. Australian arbitration doesn't always err on the woman's side With a bit of forethought, a smart lawyer and a comprehensive list of assets it can award in your favour. Link to comment Share on other sites More sharing options...
kian246 Posted January 27, 2015 Share Posted January 27, 2015 Lesson learned: avoid formal marriages. The "love" of many women is just trickery to get your signature on a certificate. Link to comment Share on other sites More sharing options...
shirtless Posted January 27, 2015 Share Posted January 27, 2015 Maybe you should go after her assets that were acquired during your marriage in Thailand.,Attack is the best defense, Link to comment Share on other sites More sharing options...
harrry Posted January 31, 2015 Share Posted January 31, 2015 (edited) Maybe you should go after her assets that were acquired during your marriage in Thailand.,Attack is the best defense, In Australia it is not just assets acquired it is all assets so her land is included. Edited January 31, 2015 by harrry Link to comment Share on other sites More sharing options...
kian246 Posted February 1, 2015 Share Posted February 1, 2015 Probably not worth the effort. Avoiding mistakes is the key, not fixing them later. Just avoid formal marriages, and do not buy property in her name. You will get more love from her, regardless of what she says. Link to comment Share on other sites More sharing options...
canarysun Posted February 1, 2015 Share Posted February 1, 2015 She has her own business, which I paid for. She owns 2 shop-houses in Pattaya, which I paid for. She owns another house in the village, which I paid for. She owns a 10 year old Nissan that I paid for. She also owns one other house in the village. Most of her income comes from renting out one of the shop-houses, as well as renting the 2 houses in the village. Her first ex-husband also gives her 5,000 baht per month for his 2 children and 50,000 baht from me. Her business generates peanuts, so I think that she will be better off if she moves out to the village and then she can generate more rental income. Sure her life isn't going to be easier when the 50,000 baht per month disappears, but well that wont be my problem. 50,000 Baht a month!! ??? Amazing to see everything you have bought this Thai lady and then on top you pay her 50,000 baht a month? Most Thai ladies that i know in normal basic jobs don't even earn 10,000 baht a month ( which seems to be a normal and generous wage in this ( almost ) third world country.For most of the four years that i have been living in Thailand " 50,000 baht would pay me 6 months of living in Thailand " ( My total yearly amount is 100,000 Baht " all in " ) So why you would need to pay a Thai lady so much money? I have always said ( as have many ) Never pay a Thai lady to live with you! She is with you for the wrong reasons.Why buy her a shop house? ( or 2....) Why buy her a car ? ( I have been riding a second hand bicycle here in Thailand ( worth 500 baht ) For some of us It's more than enough but then i am not greedy or materialistic............. F.J 1 Link to comment Share on other sites More sharing options...
hellohello123 Posted February 1, 2015 Share Posted February 1, 2015 She has her own business, which I paid for. She owns 2 shop-houses in Pattaya, which I paid for. She owns another house in the village, which I paid for. She owns a 10 year old Nissan that I paid for. She also owns one other house in the village. Most of her income comes from renting out one of the shop-houses, as well as renting the 2 houses in the village. Her first ex-husband also gives her 5,000 baht per month for his 2 children and 50,000 baht from me. Her business generates peanuts, so I think that she will be better off if she moves out to the village and then she can generate more rental income. Sure her life isn't going to be easier when the 50,000 baht per month disappears, but well that wont be my problem. 50,000 Baht a month!! ??? Amazing to see everything you have bought this Thai lady and then on top you pay her 50,000 baht a month? Most Thai ladies that i know in normal basic jobs don't even earn 10,000 baht a month ( which seems to be a normal and generous wage in this ( almost ) third world country.For most of the four years that i have been living in Thailand " 50,000 baht would pay me 6 months of living in Thailand " ( My total yearly amount is 100,000 Baht " all in " ) So why you would need to pay a Thai lady so much money? I have always said ( as have many ) Never pay a Thai lady to live with you! She is with you for the wrong reasons.Why buy her a shop house? ( or 2....) Why buy her a car ? ( I have been riding a second hand bicycle here in Thailand ( worth 500 baht ) For some of us It's more than enough but then i am not greedy or materialistic............. F.J Haha a sucker born any minute And to top of it all off, he sounds proud and half boastful Buy a hooker more stuff then 3 geberations of wealth. Pay her per month while she gets money from the previous sucker I think a Hollywood movie is waiting Only in Thailand and thaivisa!!! 1 Link to comment Share on other sites More sharing options...
gk10002000 Posted February 1, 2015 Share Posted February 1, 2015 She has her own business, which I paid for. She owns 2 shop-houses in Pattaya, which I paid for. She owns another house in the village, which I paid for. She owns a 10 year old Nissan that I paid for. She also owns one other house in the village. Most of her income comes from renting out one of the shop-houses, as well as renting the 2 houses in the village. Her first ex-husband also gives her 5,000 baht per month for his 2 children and 50,000 baht from me. ... Her business generates peanuts, so I think that she will be better off if she moves out to the village and then she can generate more rental income. "She" owns these properties....?Sounds to me like those properties were acquired during your marriage...? If that's the case you are entitled to half of it. Or as Eddie Murphy would put it "half of her shit!" Contact a Thai law firm and secure your half quickly, or at least you'll have a good argument to make her sign the divorce documents... I know this is a serious matter, but this so much reminds me of that Eddie Murphy "Zebra beetch" comedy routine. "Two years ago she was bareback riding a zebra. Now its "half Eddie, I want half". Link to comment Share on other sites More sharing options...
gk10002000 Posted February 1, 2015 Share Posted February 1, 2015 I checked this right out a few months ago and a legal marriage is recognised in Australia (a village buddhist wedding isn't) and even if she has never set foot in Australia she can apply for settlement in Australia. There are lawyers in Thailand specialising in this and many in Sydney. Once upon a time not so long ago a girl in Thailand wouldn't have had the wherewithal to pursue something like this but problem these days these girls all network on facebook etc and are pretty clued up on this stuff or can do a simple Google search. I didn't believe it either until I got legal advice and actually saw it for myself on the Australian family law website. Just more evidence to me of how the wnkers and do gooders in this country (Australia) are slowly destroying it. I have a great Thai girl whom I trust implicitly but have told her I will never give her a registered marriage and explained to her why. I'm too old too put half or more of my assets at risk. To me going to Thailand, particularly if you have substantial assets and doing a registered marriage is in some ways actually giving the girl an incentive to flick you. I was told long ago Thais are on the whole opportunists. The secret to being happy in Thailand is not to present them with "opportunities". Ridiculous thing is you can knock a girl up over there and there are no reciprocal laws to make you responsible in Australia. Totally sensible and well written Kenny. As I approach retirement, I can afford a marriage but no a divorce. I won't even take the chance of giving up 1/2 if what I have busted my butt for for many decades of hard engineering work. Rock solid pre-nup, if such a thing exists would be the only thing I would consider if I ever gave in to their smiles Link to comment Share on other sites More sharing options...
umbanda Posted February 1, 2015 Share Posted February 1, 2015 (edited) Unless you got a rock solid prenup your wife is entitled to half your shit. If you actually married her officially and not just a Thai ceremony then get yourself a good lawyer mate. Your marriage is legal and stands by the laws of marriage in your own country. I am US..but I had the same info. Looks like it is a good deal for Thais get married with Aussies.....and probably that is the reason why Aussies are more in demand than Americans.. With the US, Thais sometimes cannot get even its pensions after death... For a Thai getting married with an American needs 2 things....Lack of information or love... Good LOVE TEST if you are American..telling your Thai girl friend or wife about the US laws. Edited February 1, 2015 by umbanda Link to comment Share on other sites More sharing options...
canarysun Posted February 1, 2015 Share Posted February 1, 2015 I suppose if you are an Australian Man and look like " Sir Les Patterson " then you will probably lose the bloody lot.......... F.J Link to comment Share on other sites More sharing options...
harrry Posted February 2, 2015 Share Posted February 2, 2015 I suppose if you are an Australian Man and look like " Sir Les Patterson " then you will probably lose the bloody lot.......... F.J If Sir Les Patterson lost the lot he could allways be dame edna...don;;t need the little bits for that. Link to comment Share on other sites More sharing options...
cadle1 Posted February 7, 2015 Share Posted February 7, 2015 I would suggest checking this out with a good lawyer, because dividing up assets during a divorce depends on where you were married and where you divorce. Where you were married defines the laws of how your assets were allocated at the time of the marriage. For example, in the UK both partners share all their assets on the day they marry (hence the famous words in the ceremony "with all my worldly goods I thee endow...") That is not the same in all countries. In The Netherlands, partners entering a marriage do not pool resources on their wedding day. They each have ownership separately of what was theirs beforehand. Where you get divorced will define how those (shared) assets are divided up. Again, it varies from country to country; Spain is a better place for a man to get divorced. The Netherlands has a strict formula to be applied (almost, fill in a spreadsheet) whilst the UK seems to be more flexible and one of the better places for a woman to get divorced. If you were not married in Oz, nor have ever "set up a household" in that fair country, nor are getting divorced there now, then I see no reason that Australian jurisdiction would apply. Your passport defines your citizenship, not the laws under which you marry or divorce. If you are divorcing in Thailand, then Thai law would apply for division of assets. I don't know the set up over there, but she may have rights to assets outside of Thailand. Worth checking with a good lawyer in Thailand. Not true if you Divorce in UK assets are divided in the time you have been married so if you have been Married a long time assets would usually be mingled together yes, but if you have been Married short time say 1 or 2 years the situation changes what she has before the marriage is hers and what the man has before the marriage is his. if however you have children together then there is a need for the kids only...Best not to go to court however and try to work things out, but the court here would go on fairness and it would not be fair for somebody to walk away with 50% if He/She has contributed nothing....NO..... Link to comment Share on other sites More sharing options...
wprime Posted February 8, 2015 Share Posted February 8, 2015 She has her own business, which I paid for. She owns 2 shop-houses in Pattaya, which I paid for. She owns another house in the village, which I paid for. She owns a 10 year old Nissan that I paid for. She also owns one other house in the village. Most of her income comes from renting out one of the shop-houses, as well as renting the 2 houses in the village. Her first ex-husband also gives her 5,000 baht per month for his 2 children and 50,000 baht from me. Her business generates peanuts, so I think that she will be better off if she moves out to the village and then she can generate more rental income. Sure her life isn't going to be easier when the 50,000 baht per month disappears, but well that wont be my problem. Maybe you should help her out with her business by convincing your friends to buy from her so that she can feel more independent and less inclined to take your stuff. Also this should drive up the value of her business which will reduce her claim to the remainder of your assets. Link to comment Share on other sites More sharing options...
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