belg Posted February 19, 2014 Share Posted February 19, 2014 i guess the business was not so legal as she tries to make it sounds like... where there 8 thai people working for you ? to support your & his WP Link to comment Share on other sites More sharing options...
TobiasML Posted February 19, 2014 Share Posted February 19, 2014 Maybe try www.jnplegalthailand.com. As far as I know they are knowledgeable in business law. Sent from my iPad using Thaivisa Connect Thailand mobile app 1 Link to comment Share on other sites More sharing options...
a1falang Posted February 19, 2014 Share Posted February 19, 2014 i guess the business was not so legal as she tries to make it sounds like... where there 8 thai people working for you ? to support your & his WP Could be wrong but I think he's a Thai national. Link to comment Share on other sites More sharing options...
johnopolo Posted February 19, 2014 Share Posted February 19, 2014 This is a very, very sad situation and you ("cheated") need to keep your head. Seeking legal redress based on emotions is a recipe for a big financial hit on yourself - not to mention another emotional one! You need to get some close friends or family involved who can help you see the wood for the trees. Instituting legal action as "a matter of principle" or for revenge or "to save face" or for any other emotional reason will surely cost you a great deal of money and additional heartache with no discernible benefit. However, if it's money you're after, you need to assess the risk / reward ratio of going the legal route. On that subject I do have some experience and can offer the following advice: If you wish to walk away with a net 1 million baht from this sorry mess, your very best course of action is to go to your nearest casino and place 1 million on black. You most certainly won't get better odds going the legal route. 1 Link to comment Share on other sites More sharing options...
Phoenix1312 Posted February 19, 2014 Author Share Posted February 19, 2014 i guess the business was not so legal as she tries to make it sounds like... where there 8 thai people working for you ? to support your & his WP Could be wrong but I think he's a Thai national. We had 8 Thais working for us and paid them above the award. They all resigned when he bought his girlfriend in. He is Australian. 1 Link to comment Share on other sites More sharing options...
Phoenix1312 Posted February 19, 2014 Author Share Posted February 19, 2014 This is a very, very sad situation and you ("cheated") need to keep your head. Seeking legal redress based on emotions is a recipe for a big financial hit on yourself - not to mention another emotional one! You need to get some close friends or family involved who can help you see the wood for the trees. Instituting legal action as "a matter of principle" or for revenge or "to save face" or for any other emotional reason will surely cost you a great deal of money and additional heartache with no discernible benefit. However, if it's money you're after, you need to assess the risk / reward ratio of going the legal route. On that subject I do have some experience and can offer the following advice: If you wish to walk away with a net 1 million baht from this sorry mess, your very best course of action is to go to your nearest casino and place 1 million on black. You most certainly won't get better odds going the legal route. Thank you for your input. Appreciated. I am not after money even though I paid for the restaurant. I just want to keep the apartment that I bought. He wants everything. I will go the legal route. Btw. I just got threatened by his lawyer the one who was representing me. It will cost him a lot in legals too. Won't it? Link to comment Share on other sites More sharing options...
Phoenix1312 Posted February 19, 2014 Author Share Posted February 19, 2014 Out of curiosity, is this a "Farang Friendly" law firm? A law firm that specifically targets Farangs? It was supposed to be but she seems to milk farangs for their money and then does absolutely nothing Nothing to worry about then:-) I hope there isn't but I don't trust the situation. Link to comment Share on other sites More sharing options...
Phoenix1312 Posted February 19, 2014 Author Share Posted February 19, 2014 "It was our business with an unknown Thai nominee" Interesting and may of itself be illegal. Did you both have work permits and how many Thai employees did / does the business have ? As has been noted little if anything can be achieved from Australia. Maybe returning to Phuket , living in your apartment and seeking the assistance of knowledgeable Thai friends would be the way to go ? If the lawyer is no longer representing you she is free to accept any client she wishes. What do you believe this lawyer is attempting to achieve on behalf of your husband ? Honestly I really don't know. He wants my apartment. I guess she will try to get it for him Link to comment Share on other sites More sharing options...
johnopolo Posted February 19, 2014 Share Posted February 19, 2014 This is a very, very sad situation and you ("cheated") need to keep your head. Seeking legal redress based on emotions is a recipe for a big financial hit on yourself - not to mention another emotional one! You need to get some close friends or family involved who can help you see the wood for the trees. Instituting legal action as "a matter of principle" or for revenge or "to save face" or for any other emotional reason will surely cost you a great deal of money and additional heartache with no discernible benefit. However, if it's money you're after, you need to assess the risk / reward ratio of going the legal route. On that subject I do have some experience and can offer the following advice: If you wish to walk away with a net 1 million baht from this sorry mess, your very best course of action is to go to your nearest casino and place 1 million on black. You most certainly won't get better odds going the legal route. Thank you for your input. Appreciated. I am not after money even though I paid for the restaurant. I just want to keep the apartment that I bought. He wants everything. I will go the legal route. Btw. I just got threatened by his lawyer the one who was representing me. It will cost him a lot in legals too. Won't it? Yes, it probably will - as it surely will you. But you're thinking with your heart and not with your head (no offense of course) and that's a very costly exercise when lawyers are involved. Get some moral support and try to keep a cool rational head. Link to comment Share on other sites More sharing options...
sustento Posted February 19, 2014 Share Posted February 19, 2014 Whose name is on the condo paperwork? Just yours? Or yours and your husband's? Link to comment Share on other sites More sharing options...
Phoenix1312 Posted February 19, 2014 Author Share Posted February 19, 2014 I really didn't want to incarcerate him in a Thai jail. I cant understand why not, this person is trying to cheat you out of your marriage, your business and your home. This is no time for you to play fair. This is Thailand, where business disputes are often settled late at night with a weapon. Jailing him would be an act of kindness compared to what some might do, and if he is in jail or facing charges, you will be in a much stronger position to bargain with him. You should try and hit with with everything at your disposal. Document fraud, no work permit, illegal company set up, financial irregularities. I guess I am a better person than him. Maybe I should still get him incarcerated. Would solve a lot do problems wouldn't it. Weapons have crossed my mind lol Link to comment Share on other sites More sharing options...
Phoenix1312 Posted February 19, 2014 Author Share Posted February 19, 2014 Whose name is on the condo paperwork? Just yours? Or yours and your husband's? Just mine. I paid for it from my account. He had nothing to do with it. Can he take it because we got married? Link to comment Share on other sites More sharing options...
johnopolo Posted February 19, 2014 Share Posted February 19, 2014 Please accept that I really can't give you any advice (other than to avoid lawyers wherever possible) but I do have a thought regarding the apartment. If the apartment has chanote (a legal title deed registered at the land office) and that title deed reflects you as being the sole owner of the apartment, then I suggest that you consider selling said apartment. That would be a clean break and you would get your cash and the problem would be history. Whether your soon to be ex could interfere with the property sale remains to be seen but I would think it highly unlikely. Seek out a few reputable (or as best as you can find) Realtor / Property / Estate Agents in the area and request valuations from them. However, do not sign any "Sole Agency agreements" and be very wary of signing anything else. 1 Link to comment Share on other sites More sharing options...
kingstonkid Posted February 19, 2014 Share Posted February 19, 2014 I assume that your divorce is going through an Aussie law firm. If that is the case ask them if they have an arrangement with a Thai firm or if they know of a firm that does. That will make it easier for you and you will not have to go to Thailand until it is rally necessary. As to what your husband can and cannot do that will be easy as you should be able to put it all int he legal agreement for the divorce. For the thai part like I said i would talk to people and get all my facts down on paper with dates and times if you can remember them Bank books and deposit slips would also be a good thing to have ready. I use SIAM LEGAL in Bangkok. They helped me out and they are a legitimate company. you might want to try them they also have an office in Phuket. Link to comment Share on other sites More sharing options...
olddoc Posted February 19, 2014 Share Posted February 19, 2014 Whose name is on the condo paperwork? Just yours? Or yours and your husband's? Just mine. I paid for it from my account. He had nothing to do with it. Can he take it because we got married? If the apartment/condo was bought and paid for by you. If you have all the paperwork and do not owe maintenance fees then it is yours. Unless the condo was used as collateral to secure a loan ----maybe a different topic ! Link to comment Share on other sites More sharing options...
recycler Posted February 19, 2014 Share Posted February 19, 2014 OP: Sorry to hear of your woes. The practices below have good reputations. Suggest you contact the Partner responsible for dispute resolution. It may be worth your while to have one of them to get a member of legal staff to review your issues and have them outline a strategy on how to address the legal issues, indicative timelines and fees; they will not be inexpensive. Alternatively possibly they have an association with a Phuket based practice they can recommend? Only an assumption, but if it went to Court, I would guess it would be difficult to get enforcement in a reasonable amount of time as ex would just appeal to get more time or possibly move elsewhere. Could always ask that bail is not offered as a flight risk... http://www.tilleke.com/ http://www.bakermckenzie.com/Thailand/ It may be useful to contact AFP if husband has busines dealings in Oz, doubt they could assist for financial crime/fraud comitted in Thailand, but at least he would be on their radar if his name popped up in the future. Thank you for your advise. I am very grateful. If you lawyer is licensed than they can also report your lawyer at the Lawyer Council as it's not within the code of ethics to switch parties for licensed lawyers and it could lead to revoking the license. It should normally not be possible to do anything with your apartment, but as they are already using fake signatures you'd better be quick. Bare in mind that the Thai legal system, both civil and criminal, is very slow so your best bet would be to come to an agreement to avoid a very long legal battle on distance with a lot of expenses! Link to comment Share on other sites More sharing options...
Wat dee Posted February 19, 2014 Share Posted February 19, 2014 "It was our business with an unknown Thai nominee" Interesting and may of itself be illegal. Did you both have work permits and how many Thai employees did / does the business have ? As has been noted little if anything can be achieved from Australia. Maybe returning to Phuket , living in your apartment and seeking the assistance of knowledgeable Thai friends would be the way to go ? If the lawyer is no longer representing you she is free to accept any client she wishes. What do you believe this lawyer is attempting to achieve on behalf of your husband ? Nothing special about "unknownThai nominee" Thousands motorcycle taxis and bargirls are shareholders in falang businesses .Now new laws have complicated known shareholders lives. Link to comment Share on other sites More sharing options...
ronaldo0 Posted February 19, 2014 Share Posted February 19, 2014 As far as i know your partner cannot claim anything you owned in thailand before you were married if you can prove you paid for it. Link to comment Share on other sites More sharing options...
cocopops Posted February 19, 2014 Share Posted February 19, 2014 1) Get real advice and representation from one of the international firms in Phuket. 2) Consider that your ex-husband having a lazy lawyer prone to cheating her clients might be just the break you need. Get your new representations opinion. 3) It is not impossible that either your ex-husband or his new counsel might someday read this thread. 4) Play hard ball with criminal charges if you can. A short spell in Thai jail won't kill a man, but the threat of such might make him more cooperative. 1 Link to comment Share on other sites More sharing options...
yourauntbob Posted February 19, 2014 Share Posted February 19, 2014 i still have not met an honest ethical lawyer. sorry to hear about the severity of how bad this one is though........ 1 Link to comment Share on other sites More sharing options...
sustento Posted February 19, 2014 Share Posted February 19, 2014 (edited) Whose name is on the condo paperwork? Just yours? Or yours and your husband's? Just mine. I paid for it from my account. He had nothing to do with it. Can he take it because we got married? Did you buy it before or after you were married? http://www.siam-legal.com/legal_services/Marital-Property-for-Thailand-Divorce.php Edited February 19, 2014 by sustento Link to comment Share on other sites More sharing options...
AlphMichaels Posted February 19, 2014 Share Posted February 19, 2014 A sad situation. But I'm reminded of a good joke....., What do you call a sinking boat in the middle of the ocean with 1000 lawyers on board? A good start!! Wishing you the best of luck and a reasonable outcome. Link to comment Share on other sites More sharing options...
gchurch259 Posted February 19, 2014 Share Posted February 19, 2014 Siam Legal, whose ad appears above has done wokr for me in there BKK Office. They may have an Office in Pucket as well. Jerry Link to comment Share on other sites More sharing options...
oxo1947 Posted February 19, 2014 Share Posted February 19, 2014 She also wanted to charge me $10.000 AUD to put him in jail. I felt this was very expensive and I really didn't want to incarcerate him in a Thai jail.She is now representing him against me. Is this legal and can I report her for unethical practices. If I can who do I report her too. I know this is Thailand but surely lawyers can't do this. ---------------------------------------------------------------------------------------------------------------- Just hope that he does not have $10,000 AUD to spare..................... Link to comment Share on other sites More sharing options...
harrry Posted February 19, 2014 Share Posted February 19, 2014 If it is possible for you to lodge a divorce application in Australia he would have to make full disclosure of all assets everywhere. The Court in Australia could eventually make a division, in the ratios you are aware of. He would have to account for the delalings of the bussiness he and you co owned and its disposition. You would be left with an order getting at least half his assets gained in marriage and they would probably pay you mostly out of any Australian assets you have. Given the order from the court for him to pay you could then get a respectable thai law firm to go after his thai assets. If he makes any attempt to conceal his assets and not account for them wherever in the world they arre located the court can prove very nasty if he ever returns to Australia. Link to comment Share on other sites More sharing options...
nithisa78 Posted February 19, 2014 Share Posted February 19, 2014 My husband cheated me out of our business when he met a Thai woman. He illegally deregistered me off our business and forged my signature. He is now trying to take the apartment that I bought before I married him. It is not in his name it's in mine. I paid for it as well. He says he can take everything from me because that's Thailand. Was it just you and your husband who owns the business? No Thai nominee? You guys met and got married in Thailand? Are you guys still married? How can he possibly go after your condo if it's in your name? Your lawyer did something clearly unethical, if not downright criminal. You'd have grounds to sue her for malpractice. And if your husband forged your signature, he can and should be criminally prosecuted. But you can't do anything from overseas, you really need to be in Thailand. Surely, as a business owner, you must know some Thai folks who can recommend a good lawyer. There's plenty of them around, decent, ethical ones. It all sounds criminal. You might be able to find Thai lawyer through the Austrailian Bar Association. We too had problem after paying good amount of money up front. It seems when anybody has to dwell outside there comfort zone (doesn't matter what country they are from) panic is at cause from real weird behaviors. So many faith / trust based issues. I had bar association complaint in USA. Attorney preparded it for me. Including the statute violations. When it went to be reviewed by the bar, they threw it out. It took time and money. Can always earn more money. The time we don't get back. Given what you say as true. Woe be on your husband and you just let it go. Proceed on with your life. You may be very surprised how it all plays out after you let go of it. Best of luck. Link to comment Share on other sites More sharing options...
mogo51 Posted February 19, 2014 Share Posted February 19, 2014 I assume you are an Australian Citizen and you married a Thai? Mistake No. 1, the reverse is usually the case. I l and can relay a case to you without details involving an Australian who got involved with a Thai and made her nominee of a company involving a very large property portfolio. The case has been going over 3 years and the cost to the Aussie in excess of $1million Aussie = fact. It is still a long way from being resolved, will be going for quite some time and the farang has a very strong and legal case - means stuff all. Whilst there has been some success, the crunch has still not come for the Thai who is legally a long way from being legally correct. There are criminal matters involved. You are a farang and he is a Thai. Lawyers here are like everyone else, corrupt!!!!! Link to comment Share on other sites More sharing options...
Popular Post sustento Posted February 19, 2014 Popular Post Share Posted February 19, 2014 I assume you are an Australian Citizen and you married a Thai? Mistake No. 1, the reverse is usually the case. "We had 8 Thais working for us and paid them above the award. They all resigned when he bought his girlfriend in. He is Australian." Better to actually read the whole thread rather than 'assume'. 3 Link to comment Share on other sites More sharing options...
sam sen Posted February 19, 2014 Share Posted February 19, 2014 mentioned this to my GF who is a corporate lawyer. if you want to make a complaint about your lawyer you can do so at the Lawyer Council on Ratchadamnern Road - near Sanam Luang. she suggests you take an interpreter as they may not speak English Link to comment Share on other sites More sharing options...
harrry Posted February 19, 2014 Share Posted February 19, 2014 I assume you are an Australian Citizen and you married a Thai? Mistake No. 1, the reverse is usually the case. "We had 8 Thais working for us and paid them above the award. They all resigned when he bought his girlfriend in. He is Australian." Better to actually read the whole thread rather than 'assume'. Divorce Can I apply for a divorce?You can apply for a divorce in Australia if either you or your spouse: regard Australia as your home and intend to live in Australia indefinitely, or are an Australian citizen by birth, descent or by grant of Australian citizenship, or ordinarily live in Australia and have done so for 12 months immediately before filing for divorce. http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Divorce/ Link to comment Share on other sites More sharing options...
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