Divorce and getting a 50/50 settelment.

[banpunket]

Good Afternoon,

I am just thinking is there anybody on this forum who has actually been to court and won 50% of the assets on divorce.

If so how long did it take and what was the cost of the lawyers.Also if you are on a o visa you have to be living to-gether.

Not going in to much detail about myself i am considering a divorce, the wife will not agree to sell off all our assets and can not afford to pay me off

We have land 2 houses a dairy and all the other stuff that goes with it.She say's it's all in her name so it's her's.I do not agree because it was all bought after we married.

Thank's for any reply's

[Mario2008]

All what was gained during the marriage is split 50-50, what one had before is left outside the settlement. Getting an agreement is always easier. Not being in agreement also means that you can only get a divorce based on the grounds mentioned in the law.

Might be wise to tell in what area you are looking for a lawyer. A Bangkok lawyer is no good if you are in Chiang Mai.

[robert888d]

I am afraid to say your wife will end up getting the lot. This is Thailand !!!

[DiamondKing]

I am afraid to say your wife will end up getting the lot. This is Thailand !!!

That is complete RUBBISH only those that don't fight for what is rightfully theirs lose everything, if you are married and go through the process you will get at least 50% I hvae seen it many times in fact one of my mates that just got divorced did better than that especially when proving it was he that paid for the house car etc and not her. SHE got a bit of a shock on that one.

Edited October 14, 2013 by DiamondKing

[banpunket]

I live in the muak lek area saraburee province.Maybe she will get the lot, but she also has a lot of debt from the farm,That's not a big problem i am just wandering about the visa situation and living in the same house.We have no children to-gether so i can not do anything that way i.e leaving everything to the kid's.It is me that want's the divorce.

[DiamondKing]

I live in the muak lek area saraburee province.Maybe she will get the lot, but she also has a lot of debt from the farm,That's not a big problem i am just wandering about the visa situation and living in the same house.We have no children to-gether so i can not do anything that way i.e leaving everything to the kid's.It is me that want's the divorce.

Once you get a divorce mate if you are on an extension of stay based on marriage to a thai you will need to leave Thailand and redo your visa since you are no longer married to a thai and the extension will be voided (I think you have 7 days to leave once divorce is final although not sure) if you jsut have an O visa then its good until it expires.

If the farm has tons of debt then its really up to you if its worth fighting for it than just leaving it to her as your part of the debt and just move on.

As for still living with her after you are divorced, now that is a bit whacky, and I would advise moving on and finding your own place.

Edited October 14, 2013 by DiamondKing

[realenglish1]

I was married and settled for 100,000 baht and finished the marriage

She could have taken me to court but most of what I had was off shore They cannot collect

[Estrada]

Not all Thai women are money grabbers. My wife divorced her British Husband in the UK 20 years ago. Although she was entitled to a 50/50 split on their house and maintenance, she did not ask for anything, indeed she paid him his expenses for the divorce! You are entitled to a 50/50 split however a friend of mine in Hua Hin was murdered, cut up and barbequed. I would advise you to think carefully about her nature as to whether you can come to an amicable settlement or she will find a hired gun before you pursue this further.

[slipperylobster]

anyway.. watch out for those 2nd and 3rd mortgages you never signed up for. A smart wife is going to borrow against the house and car...maybe several times, without your knowledge. So you get half of what?

[banpunket]

Dear Sir's

Nobody has answered my Question,Has far as my wife is concerned we are still good friend's,I can still stay in the house no problem i can move on no problem with finance's etc etc,i have a pension,just for the record my wife has british nationality,I have in my possesion legally a pump action shotgun and a auto pistol,I do not think she will go down that route.I can get a retirment visa no problem.

[SOTIRIOS]

I am afraid to say your wife will end up getting the lot. This is Thailand !!!

That is complete RUBBISH only those that don't fight for what is rightfully theirs lose everything, if you are married and go through the process you will get at least 50% I hvae seen it many times in fact one of my mates that just got divorced did better than that especially when proving it was he that paid for the house car etc and not her. SHE got a bit of a shock on that one.

....at what cost....all friends I have spoken to that ever required a lawyer were asked for $10,000 in advance....some even dished out upwards of $50,000....and what will you get in the end....Thais have a tendency to lie...and can get friends and family to lie for them as well....good luck...

[FiestyFarang]

Dear Sir's

Nobody has answered my Question,Has far as my wife is concerned we are still good friend's,I can still stay in the house no problem i can move on no problem with finance's etc etc,i have a pension,just for the record my wife has british nationality,I have in my possesion legally a pump action shotgun and a auto pistol,I do not think she will go down that route.I can get a retirment visa no problem.

Why would you have such arms? Even the fact you mentioned it goes through your mind, she might shot you and bury you in the jungle.

[pianoman]

The "This is Thailand so you loose everything" group are either too lazy to check or too stupid to know...

I have lived here for almost 12 years, and over that time have had 7 close friends who's relationships ended in court / divorce... In each of those cases the Farang Husband ended up getting at least 50% of the Marital Aassets... In most cases it took up to a year or more before the courts step in to sell properties because the Thai Ex-wives were dragging their feet in selling the Land / Houses / Assets, but all but one received their fare share, and that one is currently waiting for the Lawyers to sell off the Assets under the court order... All of these situations were up here in Isaan except one, that that one was in Bangkok, but the Bangkok one was the quickest and easiest of them all...

Also, most court cases requied that each party deposit between 20K & 40K baht with the court when filing, and in every case the Farang received half or more of his deposit returned after the court proceedings.... I don't know if or how much the wives received, as they were not talking to anyone once the proceedings were completed...

Pianoman

[Mario2008]

1 post and two replies to it removed for making generalizations about (Thai) women.

[johnbarpic]

if you have crossed your ''T's" & dotted your eyes your may be in with a chance otherwise you have two hope's Bob Hope & no hope.

Good luck in your quest

[rickray]

I got a lawyer after I found out my wife had a Thai boyfriend. The lawyer did a good job and had plenty of evidence. We went to court in Korat and I kept everything, 100%....house, car, money everything. She got nothing.

[cosmont]

I got a lawyer after I found out my wife had a Thai boyfriend. The lawyer did a good job and had plenty of evidence. We went to court in Korat and I kept everything, 100%....house, car, money everything. She got nothing.

Lucky you found a good lawyer able to assist you... This is hard to find in Thailand.

[tingtongteesood]

Get your bank statements together and proove that you paid for everything, you should get 50 % back easily...

[machans88]

I was married for 2 years to a thai lady we have a young son almost 2yo.

We divorced last year.Everything I had before we were married I kept

.Everything we accumulated together we split 50/50.We used a thai lawyer to draw up a fair settlement and also a custody sharing agreement.

We had gold toether which we split,and 2 cars,so took one each.

Because our son was young she was the main carer and I agreed to financially support them both as well as have regular contact.

At the time she wanted to return to work when our son turned 3,so the lawyer put in the divorce agreement that I would take custody when he turned three and that she would pay me money(3000bht a month)and she could have access regularly as well,obviously her alimony was smaller than mine because of her earning capacity,but at least it was a gesture.

All papers were lodged with the local amphur in hua hin.

I was lucky that my ex is areasonable person and we had our sons interests at heart.

Soon after we separated she actually moved to a house only a few doors from mine so I could have more time with my son,we have a friendly and amicable relationship.

It all depends on your attitude to your partner and hers to yours,i tried to make it as easy as possible....oh and it was her who wanted a divorce,we just couldn't live together,..i think too many cultural differences....but we are both better people for the experience and of course having a wonderful son

[PeVee1st]

I too have recently divorced from a very bad girl named Vee Vee from just outside Udon Thani.

When we met I thought she was the perfect girl, but over time I discovered the drug and alcohol abuse and of course the thai bf's.

Anyhow following an argument over me supporting her family, she left our home and filed for divorce.

I already had a good lawyer, but I went to Court expecting the worst, as all my mates had told me she would get "everything" and I would be stupid to fight her in court.

Well the surprise was was solely for her, the Judge was extremely fair to me, would not listen to her Thai ways arguments,nor her family witnesses.

The Judge explained Thai Law to me, especially the 50/50 split situation,I told the Judge that I welcomed my day in court to vindicate myself. The Judge explained to both of us any appeal process, and the likely time frame, any appeals could take at least 10 years to complete.

In front of the Judge, I told him that I would not accept a 50/50 split as I had done nothing to cause the divorce. If you cannot reach an agreement for Divorce in Thailand, then you need a reason to divorce in court, such as adultery or serious bodily harm.

All through the process the Judge agreed with me on every count, he told me numerous times the "he knew all about Thai bargirls ".

The Judge told me he was not allowing her claim for divorce, nor would he rule for her to get a 50/50 split of our assets, he told her in no uncertain terms to reach a settlement with me.

Both of us were sent to another judge to broker a settlement, that Judge told her if she did not agree to a settlement she would get nothing from the marriage.

Anyway the bottom line is the Judge forced a settlement in my favour, I got the house, land and car, I have to pay a smalll settlement to her, nothing like the value of our assets.

I suppose my story line is that the farlang can win, I had a good Thai Lawyer who did not cost me much and a Thai Judge who told me he had 180 cases just like mine to rule upon of Thai bargirls trying to rip off farlangs.

In Udon Thani, it seems it has become an "urban myth" amongst bargirls as to how to cheat farlangs, by building homes on "her land" and then she mortgages the house and land or sells the property. They always think they own everything.

Lastly, you may all wonder about what happens to the land my house is built on, the Judge in all his wisdom put a clause in the settlement stating that the land remains in her name, but upon my selling the house (and land), she must sign the land over to the new Thai owner, a very wise man!!!

So depending on the situation you will get at least 50%, or if it is another scam, then standing up for your rights will get you a better deal.

For her the bottom line is she will get nothing from the marriage and has returned to her bargirl profession, making her money in the worlds oldest "trade".

Edited October 14, 2013 by PeVee1st

[cosmont]

I live in the muak lek area saraburee province.Maybe she will get the lot, but she also has a lot of debt from the farm,That's not a big problem i am just wandering about the visa situation and living in the same house.We have no children to-gether so i can not do anything that way i.e leaving everything to the kid's.It is me that want's the divorce.

I divorced a few year ago here in Bangkok.

If you can't find any agreement with her and she refuse to divorce, you will have to find a lawyer and sue her at the court.

But regarding this matter, you should have a reason to divorce and it should match the Thai law where a short list of main reasons could be find.

Then the judge will push you to compromise first and find agreement with her, it could be give her some extra cash as you are the one who want end the relationship.

But maybe the best is to deal with her without lawyer maybe with the help of someone from the family, every situation is different.

English speaking lawyer will cost you a lot of money, 50K to 100K minimum, maybe you could offer this amount to her and go to Ampur straightly with a 50/50 on local AS/SET.

Lucky, you don't have kids with her as she might have been pressure you by using them against you but this another story....

[cosmont]

I too have recently divorced from a very bad girl named Vee Vee from just outside Udon Thani.

When we met I thought she was the perfect girl, but over time I discovered the drug and alcohol abuse and of course the thai bf's.

Anyhow following an argument over me supporting her family, she left our home and filed for divorce.

I already had a good lawyer, but I went to Court expecting the worst, as all my mates had told me she would get "everything" and I would be stupid to fight her in court.

Well the surprise was was solely for her, the Judge was extremely fair to me, would not listen to her Thai ways arguments,nor her family witnesses.

The Judge explained Thai Law to me, especially the 50/50 split situation,I told the Judge that I welcomed my day in court to vindicate myself. The Judge explained to both of us any appeal process, and the likely time frame, any appeals could take at least 10 years to complete.

In front of the Judge, I told him that I would not accept a 50/50 split as I had done nothing to cause the divorce. If you cannot reach an agreement for Divorce in Thailand, then you need a reason to divorce in court, such as adultery or serious bodily harm.

All through the process the Judge agreed with me on every count, he told me numerous times the "he knew all about Thai bargirls ".

The Judge told me he was not allowing her claim for divorce, nor would he rule for her to get a 50/50 split of our assets, he told her in no uncertain terms to reach a settlement with me.

Both of us were sent to another judge to broker a settlement, that Judge told her if she did not agree to a settlement she would get nothing from the marriage.

Anyway the bottom line is the Judge forced a settlement in my favour, I got the house, land and car, I have to pay a smalll settlement to her, nothing like the value of our assets.

I suppose my story line is that the farlang can win, I had a good Thai Lawyer who did not cost me much and a Thai Judge who told me he had 180 cases just like mine to rule upon of Thai bargirls trying to rip off farlangs.

In Udon Thani, it seems it has become an "urban myth" amongst bargirls as to how to cheat farlangs, by building homes on "her land" and then she mortgages the house and land or sells the property. They always think they own everything.

Lastly, you may all wonder about what happens to the land my house is built on, the Judge in all his wisdom put a clause in the settlement stating that the land remains in her name, but upon my selling the house (and land), she must sign the land over to the new Thai owner, a very wise man!!!

So depending on the situation you will get at least 50%, or if it is another scam, then standing up for your rights will get you a better deal.

For her the bottom line is she will get nothing from the marriage and has returned to her bargirl profession, making her money in the worlds oldest "trade".

Well done, she was a bargirl and low class girl from the esaan, "easy" case, it will not be same story with a well educated girl from an upper class, believe my experience...

[DiamondKing]

I too have recently divorced from a very bad girl named Vee Vee from just outside Udon Thani.

When we met I thought she was the perfect girl, but over time I discovered the drug and alcohol abuse and of course the thai bf's.

Anyhow following an argument over me supporting her family, she left our home and filed for divorce.

I already had a good lawyer, but I went to Court expecting the worst, as all my mates had told me she would get "everything" and I would be stupid to fight her in court.

Well the surprise was was solely for her, the Judge was extremely fair to me, would not listen to her Thai ways arguments,nor her family witnesses.

The Judge explained Thai Law to me, especially the 50/50 split situation,I told the Judge that I welcomed my day in court to vindicate myself. The Judge explained to both of us any appeal process, and the likely time frame, any appeals could take at least 10 years to complete.

In front of the Judge, I told him that I would not accept a 50/50 split as I had done nothing to cause the divorce. If you cannot reach an agreement for Divorce in Thailand, then you need a reason to divorce in court, such as adultery or serious bodily harm.

All through the process the Judge agreed with me on every count, he told me numerous times the "he knew all about Thai bargirls ".

The Judge told me he was not allowing her claim for divorce, nor would he rule for her to get a 50/50 split of our assets, he told her in no uncertain terms to reach a settlement with me.

Both of us were sent to another judge to broker a settlement, that Judge told her if she did not agree to a settlement she would get nothing from the marriage.

Anyway the bottom line is the Judge forced a settlement in my favour, I got the house, land and car, I have to pay a smalll settlement to her, nothing like the value of our assets.

I suppose my story line is that the farlang can win, I had a good Thai Lawyer who did not cost me much and a Thai Judge who told me he had 180 cases just like mine to rule upon of Thai bargirls trying to rip off farlangs.

In Udon Thani, it seems it has become an "urban myth" amongst bargirls as to how to cheat farlangs, by building homes on "her land" and then she mortgages the house and land or sells the property. They always think they own everything.

Lastly, you may all wonder about what happens to the land my house is built on, the Judge in all his wisdom put a clause in the settlement stating that the land remains in her name, but upon my selling the house (and land), she must sign the land over to the new Thai owner, a very wise man!!!

So depending on the situation you will get at least 50%, or if it is another scam, then standing up for your rights will get you a better deal.

For her the bottom line is she will get nothing from the marriage and has returned to her bargirl profession, making her money in the worlds oldest "trade".

Well done, she was a bargirl and low class girl from the esaan, "easy" case, it will not be same story with a well educated girl from an upper class, believe my experience...

In a case like that you will still get 50% that is the law

[cosmont]

I was married for 2 years to a thai lady we have a young son almost 2yo.

We divorced last year.Everything I had before we were married I kept

.Everything we accumulated together we split 50/50.We used a thai lawyer to draw up a fair settlement and also a custody sharing agreement.

We had gold toether which we split,and 2 cars,so took one each.

Because our son was young she was the main carer and I agreed to financially support them both as well as have regular contact.

At the time she wanted to return to work when our son turned 3,so the lawyer put in the divorce agreement that I would take custody when he turned three and that she would pay me money(3000bht a month)and she could have access regularly as well,obviously her alimony was smaller than mine because of her earning capacity,but at least it was a gesture.

All papers were lodged with the local amphur in hua hin.

I was lucky that my ex is areasonable person and we had our sons interests at heart.

Soon after we separated she actually moved to a house only a few doors from mine so I could have more time with my son,we have a friendly and amicable relationship.

It all depends on your attitude to your partner and hers to yours,i tried to make it as easy as possible....oh and it was her who wanted a divorce,we just couldn't live together,..i think too many cultural differences....but we are both better people for the experience and of course having a wonderful son

You are lucky, all Thai women are far to be like your ex !

I was also "lucky" as I made prenuptial agreement but it was and still a nightmare on the kid custody matter...

[mdmayes]

I got a lawyer after I found out my wife had a Thai boyfriend. The lawyer did a good job and had plenty of evidence. We went to court in Korat and I kept everything, 100%....house, car, money everything. She got nothing.

How about giving up your Lawyers name and where he/she office is...please

[Thai at Heart]

Good Afternoon,

I am just thinking is there anybody on this forum who has actually been to court and won 50% of the assets on divorce.

If so how long did it take and what was the cost of the lawyers.Also if you are on a o visa you have to be living to-gether.

Not going in to much detail about myself i am considering a divorce, the wife will not agree to sell off all our assets and can not afford to pay me off

We have land 2 houses a dairy and all the other stuff that goes with it.She say's it's all in her name so it's her's.I do not agree because it was all bought after we married.

Thank's for any reply's

My best mate did.

It was a long slog, still not 100% done, but the court divided it up 50:50 as best they could.

[StaffsShot]

I too have recently divorced from a very bad girl named Vee Vee from just outside Udon Thani.

When we met I thought she was the perfect girl, but over time I discovered the drug and alcohol abuse and of course the thai bf's.

Anyhow following an argument over me supporting her family, she left our home and filed for divorce.

I already had a good lawyer, but I went to Court expecting the worst, as all my mates had told me she would get "everything" and I would be stupid to fight her in court.

Well the surprise was was solely for her, the Judge was extremely fair to me, would not listen to her Thai ways arguments,nor her family witnesses.

The Judge explained Thai Law to me, especially the 50/50 split situation,I told the Judge that I welcomed my day in court to vindicate myself. The Judge explained to both of us any appeal process, and the likely time frame, any appeals could take at least 10 years to complete.

In front of the Judge, I told him that I would not accept a 50/50 split as I had done nothing to cause the divorce. If you cannot reach an agreement for Divorce in Thailand, then you need a reason to divorce in court, such as adultery or serious bodily harm.

All through the process the Judge agreed with me on every count, he told me numerous times the "he knew all about Thai bargirls ".

The Judge told me he was not allowing her claim for divorce, nor would he rule for her to get a 50/50 split of our assets, he told her in no uncertain terms to reach a settlement with me.

Both of us were sent to another judge to broker a settlement, that Judge told her if she did not agree to a settlement she would get nothing from the marriage.

Anyway the bottom line is the Judge forced a settlement in my favour, I got the house, land and car, I have to pay a smalll settlement to her, nothing like the value of our assets.

I suppose my story line is that the farlang can win, I had a good Thai Lawyer who did not cost me much and a Thai Judge who told me he had 180 cases just like mine to rule upon of Thai bargirls trying to rip off farlangs.

In Udon Thani, it seems it has become an "urban myth" amongst bargirls as to how to cheat farlangs, by building homes on "her land" and then she mortgages the house and land or sells the property. They always think they own everything.

Lastly, you may all wonder about what happens to the land my house is built on, the Judge in all his wisdom put a clause in the settlement stating that the land remains in her name, but upon my selling the house (and land), she must sign the land over to the new Thai owner, a very wise man!!!

So depending on the situation you will get at least 50%, or if it is another scam, then standing up for your rights will get you a better deal.

For her the bottom line is she will get nothing from the marriage and has returned to her bargirl profession, making her money in the worlds oldest "trade".

Wow interesting story. Judge certainly had sympathy for you.

Quite a few posts here should give banpunket great cause for optimism

I've just married this year to a great girl with her own house as an only child, hope I never experience the pain of a Thai divorce

[Gil]

Dear Sir's

Nobody has answered my Question,Has far as my wife is concerned we are still good friend's,I can still stay in the house no problem i can move on no problem with finance's etc etc,i have a pension,just for the record my wife has british nationality,I have in my possesion legally a pump action shotgun and a auto pistol,I do not think she will go down that route.

I don't get it...If you can get a retirement visa no problem, if you can still stay in the house and move on no problem, why did you ask?

[banpunket]

Thank's for all the answer's so it is possible and not a waste of time and money,I only want half of what i put in and i put in 90% of the funds.

[sms747]

How can a settlement give a house and land to a foreigner? is it on the understanding that all is sold in a period of time?