Jump to content

Divorce


Recommended Posts

OK, I have an old friend who is having difficulty getting his wife to divorce him; they have had no contact for 2.5 years. After reading this post can he divorce his wife?

She is currently asking 400,000 Baht plus the house. He now has a lawyer in Bangkok whom I feel is bleeding him for money.

Link to comment
Share on other sites

You would be surprised (maybe not) just how easy this can be done. Anything is possible in the Thai court system, she can have the marriage terminated on grounds of abandonment and it will be granted.

With regards to assets, well.....She already owns the house, write it off as a loss. But I would never be giving into any additional money demands.

BTW....Did you learn anything?

Link to comment
Share on other sites

The old guy I've mentioned is 82 years old and not in the best of health. The Thai lawyer he has in Bangkok has already been paid a considerable sum but has produced nothing in return. Only thing I know is that the wife received a letter about 2 years ago stating he wanted a divorce. Is there any way this can be rushed through the courts?

Thanks for any info which I can pass on to him.

Link to comment
Share on other sites

OK, I have an old friend who is having difficulty getting his wife to divorce him; they have had no contact for 2.5 years. After reading this post can he divorce his wife?

She is currently asking 400,000 Baht plus the house. He now has a lawyer in Bangkok whom I feel is bleeding him for money.

I don't understand.

No contact means no contact.

Currently asking 400,000 plus house implies current contact. If there is current contact I don't think you can use the "no contact" reason for a divorce.

Lawyers will always take clients for as much as possible. They have a conflict of interests, a short and easy solution does not earn them as much as a long protracted and complicated mess. That is why so many divorce cases are incredibly expensive.

If the house/land is in her name and he signed that bit of paper at the land registry department saying it was her money, bye bye house and land.

To reiterate for all the newbies.

The 4*F rule states clearly

If it flies, floats, f&*^s or fixed in Thailand, rent it.

Edited by 12DrinkMore
Link to comment
Share on other sites

Your wife could get a divorce in your absence if you are away for more than one year. In that case she could claim abandonment and try to get a divorce through the courts. Some proof of abandonment will be required.

Only the person who has been abandont can file for divorce.

In Thailand you divore either based on agreement at the amphur and no rreason is needed or you go to court if you can't reach an agreement but than need one of the grounds mentioned in the law.

Land and house might be in the wife's name, but that is no problem. Especially if you can show (part) of the money came from you many courts have awarded part of the value to the foreign husband.

  • Like 2
Link to comment
Share on other sites

This is the reality I got a divorce from my Thai wife 6 years Ago They cannot get what you do not have in the country. So plead poverty Its that simple and make sure you tell them you dont have any money and will be going back to your home country

Tell the lawyer that and tell him he can have a certain amount you are willing to give meaning half the value of the house since you cannot own it but are entitled to its value and that is it

See what he does and get a lawyer you need one

Link to comment
Share on other sites

Divorce and financial settlement of marital assets are 2 completely separate issues in Thai law - neither is dependent on the other. After a long time of her refusing to divorce - because of moneyissues - I finally divorced my Thai wife through the court - in her absence because she was in UK - and the court merely accepted that she had not bothered to reply and was therefore not contesting the divorce. Therefore - any Thai wife can do the same to their foreign husband - the divorce will be granted - as long as the legal requirements have been met. The legal requirements for divorce do NOT include any financial matters about division of marital assets - it is completely separate in the Thai legal code - and therefore such matters would need to be cleared by mutual agreement or by separate court case. If any lawyer tells you different - he/she is not being honest with you.

Link to comment
Share on other sites

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

Sent from my iPad using Thaivisa Connect Thailand

Divorce is not pointless. without a divorce, you for example:

- you are libel for eachothers debts

- you are a natural heir incase the other spouse dies

- any children will be automatically be considered yours

- you cannot get married again

Depending on countries, if I did want a divorce I would just return to America of which I can marry again without any legal BS in Thailand. Most large country citizens don't realize that if your Thai marriage isn't registered with your Embassy, it's not necessarily registered as a marriage in your home country. I'm not planning on leaving my Thai wife but she is aware that I can walk away without consequence.

Sent from my iPad using Thaivisa Connect Thailand

Link to comment
Share on other sites

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

Sent from my iPad using Thaivisa Connect Thailand

A Thai registered marriage (at Amphur) is recognised by most other countries. For an American, this is extract from US Embassy website, bangkok.

"A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphur (Civil Registry Office). The United States does recognize the validity of such a marriage. For American citizens marrying either Thai citizens or another American citizen, the procedure is the same. For Americans marrying a third-country national, their prospective spouse must also follow a similar procedure with their own embassy".

  • Like 1
Link to comment
Share on other sites

Hello All,

Have just divorced my first Thai wife, reasons are not important.

I have read some parts of the Thai law, and have found some interesting parts.

The most interesting part is:

If a Thai woman can not show that she has paied for house/land by herself it can be confiscated by the gouverment,

Meaning - a thai woman/man can actually not get the Money from a farang to buy a house/land and be sure to be able to keep it...??

I never Heard that this law has been used. Has anybody else here some knowledge about this subject ??

Have a goood time, all of you

Eric

Link to comment
Share on other sites

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

Sent from my iPad using Thaivisa Connect Thailand

A Thai registered marriage (at Amphur) is recognised by most other countries. For an American, this is extract from US Embassy website, bangkok.

"A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphur (Civil Registry Office). The United States does recognize the validity of such a marriage. For American citizens marrying either Thai citizens or another American citizen, the procedure is the same. For Americans marrying a third-country national, their prospective spouse must also follow a similar procedure with their own embassy".

Exactly. Unless registered with the US embassy, my Thai marriage doesn't exist, however I wouldn't be able to come back to this country though all my holdings in America are protected from any legal action. This I confirmed with my lawyer beforehand.

Sent from my iPad using Thaivisa Connect Thailand

Link to comment
Share on other sites

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

Sent from my iPad using Thaivisa Connect Thailand

Divorce is not pointless. without a divorce, you for example:

- you are libel for eachothers debts

- you are a natural heir incase the other spouse dies

- any children will be automatically be considered yours

- you cannot get married again

Depending on countries, if I did want a divorce I would just return to America of which I can marry again without any legal BS in Thailand. Most large country citizens don't realize that if your Thai marriage isn't registered with your Embassy, it's not necessarily registered as a marriage in your home country. I'm not planning on leaving my Thai wife but she is aware that I can walk away without consequence.

Sent from my iPad using Thaivisa Connect Thailand

That would mean commiting a criminal offence for which you can (and probably will be) prosecuted.

That your marriage is not registered in your home country doesn't mean it is not recognised by your home country. Also the consequences of the first marriage will still be intact, such as the things I mentioned before.

  • Like 1
Link to comment
Share on other sites

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

Sent from my iPad using Thaivisa Connect Thailand

A Thai registered marriage (at Amphur) is recognised by most other countries. For an American, this is extract from US Embassy website, bangkok.

"A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphur (Civil Registry Office). The United States does recognize the validity of such a marriage. For American citizens marrying either Thai citizens or another American citizen, the procedure is the same. For Americans marrying a third-country national, their prospective spouse must also follow a similar procedure with their own embassy".

Exactly. Unless registered with the US embassy, my Thai marriage doesn't exist, however I wouldn't be able to come back to this country though all my holdings in America are protected from any legal action. This I confirmed with my lawyer beforehand.

Sent from my iPad using Thaivisa Connect Thailand

Sorry, mis quoted. It does not in a legal sense. Americans are in rule outside that policy, now if I married an English woman, I'd be screwed!

Sent from my iPad using Thaivisa Connect Thailand

  • Like 1
Link to comment
Share on other sites

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

Sent from my iPad using Thaivisa Connect Thailand

A Thai registered marriage (at Amphur) is recognised by most other countries. For an American, this is extract from US Embassy website, bangkok.

"A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphur (Civil Registry Office). The United States does recognize the validity of such a marriage. For American citizens marrying either Thai citizens or another American citizen, the procedure is the same. For Americans marrying a third-country national, their prospective spouse must also follow a similar procedure with their own embassy".

Exactly. Unless registered with the US embassy, my Thai marriage doesn't exist, however I wouldn't be able to come back to this country though all my holdings in America are protected from any legal action. This I confirmed with my lawyer beforehand.

Sent from my iPad using Thaivisa Connect Thailand

If I were you I would seek another lawyer.

  • Like 2
Link to comment
Share on other sites

Hello All,

Have just divorced my first Thai wife, reasons are not important.

I have read some parts of the Thai law, and have found some interesting parts.

The most interesting part is:

If a Thai woman can not show that she has paied for house/land by herself it can be confiscated by the gouverment,

Meaning - a thai woman/man can actually not get the Money from a farang to buy a house/land and be sure to be able to keep it...??

I never Heard that this law has been used. Has anybody else here some knowledge about this subject ??

Have a goood time, all of you

Eric

I would say that is wrong.

I can pay for my wife's land (house doen't matter) without any problems. But It will be her land and not mine and she cannot hold it on my behalf. I will have no claim on the land.

Link to comment
Share on other sites

If the house/land is in her name and he signed that bit of paper at the land registry department saying it was her money, bye bye house and land.

This is not true!!! She has only the rights about the land but not for the house. The paper at the land registry department says only that you don't have rights about the land. If you devorce you can let check the worth of the land and house. A good lawyer cut out the land buying price what is written on the chanot and from the rest you can get the half!!!

:-)

But to find a good lawyer??? Very difficult!!!

Link to comment
Share on other sites

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

Sent from my iPad using Thaivisa Connect Thailand

A Thai registered marriage (at Amphur) is recognised by most other countries. For an American, this is extract from US Embassy website, bangkok.

"A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphur (Civil Registry Office). The United States does recognize the validity of such a marriage. For American citizens marrying either Thai citizens or another American citizen, the procedure is the same. For Americans marrying a third-country national, their prospective spouse must also follow a similar procedure with their own embassy".

Exactly. Unless registered with the US embassy, my Thai marriage doesn't exist, however I wouldn't be able to come back to this country though all my holdings in America are protected from any legal action. This I confirmed with my lawyer beforehand.

Sent from my iPad using Thaivisa Connect Thailand

If I were you I would seek another lawyer.

No need, it's a fact.

Talking about my holdings in America anyway. Thailand cannot breach or any other third world country.

Sent from my iPad using Thaivisa Connect Thailand

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.



×
×
  • Create New...