Contested Divorce

[Sarnian]

I am a British National married to a Thai man.

I left Thailand two years ago after our marriage broke down. We have no children or joint assets.

Every time I have asked him for a divorce he says no.

Do I have any other options other than to wait another year and then return to Thailand and divorce him through the courts?

I would rather not return to Thailand even to obtain the divorce but believe this is the only way it can be done?

Just after we married, his mother transferred her house and motorcar workshop into his name. I don't want any claim to anything he owns but am wondering if I could use this as leverage to get him to agree. Would this mean I would also need to declare any assets I own (nothing really only a cheapish car)?

Any advice would be greatly appreciated.

[Brit_Doggie]

Now correct me if I wrong 2 year separation qualifies for divorce.

Wrong with consent did my own correction slaps own wrists and gl ouchy.

[Arkady]

If your husband refuses to agree to a divorce by mutual consent, you can either sue for divorce in the court on grounds of adultery, cruelty, insanity etc, etc or just wait for another year and divorce him on grounds of separation for 3 years, which would be the easiest, as just proving that you have been living in different locations would be sufficient.

It is likely, in my opinion, that the house and business would qualify as conjugal assets to be divided 50:50 in the event of divorce because they were acquired after marriage. In that case, the court would order that they be sold and the proceeds divided, if there was no agreement on division of assets. Inheritances qualify for exemption from being included in conjugal assets but I think that the fact that they were a gift during the mother's lifetime, rather than an inheritance, wouldn't permit exemption.

You will have to come to Thailand for the court hearings and will have to pay for a lawyer. The first session will be a court assisted mediation. if that doesn't work, the court will order a trial for a future date, probably some months later, which you will also have to attend. Therefore you should sue for half his assets to try to recover the legal and travel expenses, if he refuses to agree to a divorce. The Thai courts don't attempt to exercise jurisdiction over assets outside Thailand. Therefore, any assets you have outside Thailand don't enter into the equation and there is no need for you to declare them. If he wants to sue you for some of your assets in the UK, he will have to file a case in the UK, which the court might actually decline to accept on the grounds that you never lived together there.

Financially it makes no sense for your husband not to agree to an uncontested divorce at a nominal cost in a district office, since you are not demanding anything else from him at this point. He could save the cost of a lawyer and the risk of his house and business being forcibly sold from under him to pay you 50%. If you sue him for divorce and 50% of his assets and he fails to defend the case, he will lose and end up divorced with court orders to sell his assets. Therefore he cannot avoid legal expenses, if you sue, unless he is willing to accept the 50% division of assets. If he doesn't show up in court, the judgement will go in your favour. Whatever happens to the assets, the court will order a divorce after 3 years' separation. So he has no way of remaining married to you, if you go to court.

[NickJ]

Arkady hit the nail on the head.

[Sarnian]

Thank you so much Arkady.

This really helps me clarify the situation.

I'm sure his reasons for not saying yes to a divorce are due to him losing face but this may well persuade him that a little loss of face would be much less hassle than the disapproval he would get from his mother if he forces me to take court action!

I really appreciate your help and knowledge, thanks again

[Sophon]

<snipped>

It is likely, in my opinion, that the house and business would qualify as conjugal assets to be divided 50:50 in the event of divorce because they were acquired after marriage. In that case, the court would order that they be sold and the proceeds divided, if there was no agreement on division of assets. Inheritances qualify for exemption from being included in conjugal assets but I think that the fact that they were a gift during the mother's lifetime, rather than an inheritance, wouldn't permit exemption.

<snipped>

I'm certainly no expert, but I don't believe you are correct on this.

From www.thailaws.com:

There are two types of Matrimonial Assets in Thailand and they become very relevant during a divorce in Thailand. There is the Sin Suan Tua (Personal Property) and the Sin Somoros (Conjugal Property). They are explained as follows in the Civil and Commercial Code:

Civil & Commercial Code: Sec 1470 and 1471 (Sin Suan Tua)

• This is property belonging to either spouse before marriage;
• This is property for personal use such as clothing or tools of trade;
• Property acquired during marriage by way of inheritance or gifts;
• "Khongman" otherwise known as an engagement gift.

If this "Sin Suan Tua" is sold or destroyed or even exchanged, the proceeds and any new property purchased with the money will then also be seen as "Sin Suan Tau". Each spouse is the manger of his or her own "Sin Suan Tau".

If this is correct (and other online sources says the same), the house and business would be her husband's personal property as it was gifted to him by his parents, and would not be split during a divorce.

Proof that this was a personal gift for the husband may be required in form of a letter/document stating so, but unless his parents are dead I don't doubt that the husband will be able to produce such a letter (even if it doesn't exist today).

Sophon