Divorce and payment

[MagnumForce]

Hi,

Can anyone help? If you want to divorce your Thai wife of 5 years and you have no kids together, what can she reasonably expect of you in regards to a financial settlement? Is it reasonable or legal to demand a lump-sum and then regular monthly payments?

Thanks.

MF

[Mario2008]

Thai law doesn't know alimony, what you have to do (if there is nu nuptial agreement) is to split the gains made during the marriage, what you had before the marriage is left out. Gains include debts.

It might of course be reasonable to give your ex a bit more or an ammount of money every month for a fixed period.

If you and your wife can come to an agreement you can simply go to the amphur and get a divorce there for free, if you can't get to an agreement you have to go to court.

The agreement can be entered at the time of divorce at the amphur and wil than be binding. It will be in Thai, so check the wording or have it checked.

[MagnumForce]

If I refuse to pay a lump-sum or monthly payments simply because I don't have the money to do so, where do I stand? She can't get money that doesn't exist, can she? Would the Amphur settle for a division of assets with almost 100% going to her?

If we can't reach an agreement and we have to go to court, what is the process for this and roughly how much are we talking? There isn't much at all in the way of assets accumulated during the marriage. It sounds like it would cost more to go to court than what we would actually be going to court to argue about.

[AnotherOneAmerican]

If I refuse to pay a lump-sum or monthly payments simply because I don't have the money to do so, where do I stand? She can't get money that doesn't exist, can she? Would the Amphur settle for a division of assets with almost 100% going to her?

If we can't reach an agreement and we have to go to court, what is the process for this and roughly how much are we talking? There isn't much at all in the way of assets accumulated during the marriage. It sounds like it would cost more to go to court than what we would actually be going to court to argue about.

As Mario says, assets gained during marriage split 50/50.

Don't agree to give her more than 50%.

Thai court costs you nothing unless you hire a lawyer, she pays all her costs, and if you have nothing to split, she gets nothing.

Edited July 8, 2013 by AnotherOneAmerican

[MagnumForce]

So, if there are no assets to speak of, would a court even be bothered to adjudicate on the case? Would her lawyer even want to spend time on a case that will yield little of value for their client?

[AnotherOneAmerican]

So, if there are no assets to speak of, would a court even be bothered to adjudicate on the case? Would her lawyer even want to spend time on a case that will yield little of value for their client?

If the lawyer thinks he will get paid, he will go for it. That's what lawyers do.

Best thing for you to do is nothing.

Being married restricts her, more than it restricts you.

(She can't sleep with another man, she can't buy property, she can't get pregnant)

Edited July 8, 2013 by AnotherOneAmerican

[MagnumForce]

How much do you think a lawyer would want to be paid?

If I want the divorce but she doesn't, what restrictions are placed on me?

Thanks for your advice so far, guys. Very helpful. Keep them coming please.

[Sheryl]

I really don't see what the problem is here, if your financial position is in fact as you describe it. As has been explained by several posters, there is no alimony in Thailand.

She is entitled to 1/2 the assets accumulated during the marriage, period. If there are none, then that's 0. Presumably she knows the asset situation and thus why would she bother to get a lawyer? Where things get messy is when certain assets acquired during the marriage are solely in the Thai spouse's name, in which case it can be hard for the foreigner spouse to effectively get their share. But you don't mention anything like that.

Re your concern that she won't agree to the divorce: what does she stand to gain by remaining married to you? As other posters have pointed out it just restricts her options.

Leave making it clear you are not coming back. Odds are she'll ask for a divorce once she realizes you aren't coming back.

[MagnumForce]

Thanks Sheryl and what restrictions are placed on me if she refuses to divorce?

[AnotherOneAmerican]

If I want the divorce but she doesn't, what restrictions are placed on me?

You can't get married.

If you were to make a major purchase (condo, new car or m/c) she might be entitled to half of it. Same problem for her.

You can sleep with other women. You can get other women pregnant.

Edited July 8, 2013 by AnotherOneAmerican

[kikoman]

I divorced my first wife in Thailand after a year of marriage, it cost me a total of 200 baht, to pay two people to be witnesses on our divorce, we agree on the separation of assets, and went to the village office and signed our divorce papers, I took her and a witness to lunch and said good bye to her!

Your wife knows she can "shake" you down for more money, based on your wish to be divorced from her, you have no legal obligation to do what she asks. Let her know you are will not pay her for a divorce, if you remain in Thailand that will keep you from getting married again in Thailand.

In the state of Arizona in the US I helped my son get a divorce from his wife from the state of Indiana, simple by publishing your notice of pending divorce action in an Arizona newspaper and after she failed to contest it. He was granted a divorce from her!

Good luck:

Cheers:

[MagnumForce]

One more question please, folks.

It's more to do with the visa and extension of stay but maybe I can ask it here.

If my original visa was a Non-Imm 'O' but each subsequent extension of stay has been granted based on work, not marriage, what do I have to do about my visa?

Do I have to change it to a Non-Imm 'B' visa? When do I have to do that? After a divorce, same day as a divorce, when I move out of the house?

Thanks again.

MF

[Mario2008]

One more question please, folks.

It's more to do with the visa and extension of stay but maybe I can ask it here.

If my original visa was a Non-Imm 'O' but each subsequent extension of stay has been granted based on work, not marriage, what do I have to do about my visa?

Do I have to change it to a Non-Imm 'B' visa? When do I have to do that? After a divorce, same day as a divorce, when I move out of the house?

Thanks again.

MF

You don't change the visa, only the reason you apply for an extension of stay.

If you had a non-O but are here staying based on employement you do nothing after a divorce regarding immigration. If you stay here on an extension based upon marriage and get a divorce you have to cancel your permsion to stay the same day you divorce, but can apply for an extension based on another reason (such as working).

[MagnumForce]

Is adultery, or alleged adultery, by one party taken into consideration by the Amphur office when trying to reach a settlement agreement with your spouse?

[ThaidDown]

Divorce at the Amphur is when you are both in agreement as to the financial and other terms of the divorce. It is not a negotiating service. If you are in disagreement you have to go through the courts.

You do not have to give specific reasons why you want a divorce, so adultery by either or both parties is not relevant (at the Amphur)

Edited July 18, 2013 by ThaidDown

[Mario2008]

Per above, at the amphur it doesn't play any role. There you make your own agreement and have it entered into the register, and it becomes a binding contract.

Only when you go to court will the court try to get a settlement or make a final decision. Adultery can than play a part in the determination of the settlement.

[AnotherOneAmerican]

Is adultery, or alleged adultery, by one party taken into consideration by the Amphur office when trying to reach a settlement agreement with your spouse?

If she commits adultery, you can sue the male involved for 'using your property' without permission.

If you commit adultery, nothing she can do, you are just a 'bad man' (aka normal)

Amphur office don't care about anything, if you both aren't in full agreement to the terms of the divorce, they will just refuse to do it.

Edited July 18, 2013 by AnotherOneAmerican

[MagnumForce]

Went to the Amphur today and was told (in Thai so not 100% sure of what they said) that I can't get divorced because I don't have a translated copy of my passport stamped by the relevant authorities.

Does anyone know what this is?

I have also been told that I need to send my passport to my embassy and then they will send papers to some Thai government body who will give me something for the Amphur.

I was under the impression that divorce was a straightforward matter, done and dusted in 10 minutes. Why all this nonsense? Can anyone help please?

[Mario2008]

You can get a divorce at any amphur. Just go to another amhphur and get a divorce their.

Certified copy of passport is not unheard off, but often not needed.

Tey might mean that they want the translation certified by the Thai foreign ministry.

[MagnumForce]

How do you get a translation of your passport certified by the Thai foreign ministry? Is that what you would have to go through your embassy for?

Does anyone know of any Amphur offices in the North of Thailand that don't require this document? I want to get this divorce finalised asap.

Many thanks.

MF

[Mario2008]

Normally it is have a copy certified by your embassy, have it translated and have that certified by the Thai Foreign Ministry (There is also a section in Chiang Mai that does this).

[MagnumForce]

If we go to the Amphur that we got married in, would I need this certified copy of my passport since they already have it from when we got married?

And any Amphurs that don't ask for this document in the Northern area?

I really don't have the time or the money to waste on a trip to Bangkok, a translation service and the Ministry of Foreign Affairs.

Thanks again Mario2008

MF

P.S. A translation service in Chiang Mai told us that she could get all this done nice and quickly for a 5,000THB contribution to some guy in the Amphur office in CM. Scumbags!!!!!

Edited July 31, 2013 by MagnumForce

[Mario2008]

It depends on the amphur. I think a big amphur will not require it.

[AnotherOneAmerican]

If we go to the Amphur that we got married in, would I need this certified copy of my passport since they already have it from when we got married?

And any Amphurs that don't ask for this document in the Northern area?

I really don't have the time or the money to waste on a trip to Bangkok, a translation service and the Ministry of Foreign Affairs.

Thanks again Mario2008

MF

P.S. A translation service in Chiang Mai told us that she could get all this done nice and quickly for a 5,000THB contribution to some guy in the Amphur office in CM. Scumbags!!!!!

Amphur office at Mae Rim do not require certified copies of anything.

(assuming your passport English language)

Edited July 31, 2013 by AnotherOneAmerican