Norwegian / Thai - Divorce Settlement Advice Please.

[Ground Engineer]

Hi,

My Thai sister in law, who lives in Thailand has been married to a Norwegian guy for 4 years. He walked out on her about a year ago, which was a blessing as she was constantly abused and humiliated. They have a 4 year old daughter, who lives with the mother. They have a house in East Pattaya and a condo in Jomtien both in his company name.

The Norwegian husband works for the oil industry and earns approx 6 million bhat a year. He wants a divorce and states that according to the law in Norway he just needs to pay her 1780 Kroner a month (9500 Bhat) and he will keep the house, condo, car, etc.

She is currently living back in the village with the baby because he wont let her stay in the house.

Back in the UK everything is spit 50:50 and I'm sure if they were living in Norway it would be similar. So not quite sure what she is legally entitled to with her being a Thai National married to a Norwegian living in Thailand. Any advice would be very welcome as I don't wont to see her get bullied into a settlement without knowing what she is entitled to.

[krisb]

Im pretty sure its 50 50. Shes Thai and Thais look after Thais in court. Go get legal advice.

[krisb]

By the way, there is another section for divorce and marriage which would help you more I think

[metisdead]

Moved to the Marriage and Divorce forum.

[Mario2008]

A Thai court isn't biased.

They were married and Thailand and will divorce in thailand. That means that they have to split all that is acquired during the mariage 50-50. All what either party had before that is left out. That might include the proceeds of the company.

Another point is that there is a child. That means he has to pay child maintenance. In Thailand a court will reward child maintenance between 3,000 and 6,000 baht plus that they have to share the medical and educational cost.

During the divorce they can negotiate and have have the outcome of the negotiations recorded in the divorce register and with that legally binding.

[TommoPhysicist]

In Thailand she would probably be entitled to 100bht a day child support (as she lives in a rural area), plus half hospital and education fees.

Living with a guy for 4 years doesn't get you a 50:50 split in most countries of the world.

Unless she has a visa or passport for Norway or lived in that country , unlikely she will be entitled to use their legal system.

Same for UK law, if she isn't entitled to live there, she can't use the courts there.

His offer of 9,500bht a month is likely 3x what a Thai court would award.

As he doesn't work in Thailand, Thai court can't enforce payment anyway.

Why not offer to pay her legal fees and get proper advice?

Edited June 17, 2012 by TommoPhysicist

[Mario2008]

The child is a Norwegian national and will be protected by the Norwegian courts. I doubt that child support in Norway is that low.

She might be able to get free legal advise in/from Norway based on her child.

Treaties on enforcement of child support are in place, there are not that many countries that will not enforce a foreign court ecision regarding child support.

The child support is more what a Thai court would award, but might not be when medical and educational cost are added. Especially in the future.

Being marreid entitles you to 50% of the gains (including debts) made during the marriage. How long the marriage lasted is no cosnideration.

[Ground Engineer]

Thanks everyone for the initial advice, its been very helpful. My next step is to look for a local lawyer...any recommendations would be welcome. I will also pursue the fact that the daughter is a Norwegian National and may be entitled to Norwegian child support.