Contested Divorce`

[joeyjojo]

Can I get some recommendations for a BKK lawyer? Someone with reasonable English and value for money. If someone could outline the process and how much it would reasonably cost along the way would be great... THANKS

[blackcab]

You need to give us a bit more information.

What nationality are the married couple? Where did they get married? Where do they live now? Who is contesting the divorce - him or her? Why (or on what grounds) is that person contesting the divorce?

[joeyjojo]

Thai female and farang male married in Thailand. The Thai females location is unknown...

[blackcab]

So who is divorcing who?

And who is contesting?

Was this marriage registered at the district office 'on paper'?

Without this information you are not going to get many replies.

[NickJ]

I would tell him to empty his Thai bank accts. As if the divorce is contested she can have all the accts frozen until after the divorce is final. Doesnt matter if its pre marital money. The wife can then hostage the funds for years.

[joeyjojo]

Sorry, I thought that was clear as it was stated that the Female Thai's location is unknown. Male farang divorcing Female Thai. Contested as Thai females location unknown... It was registered in an Amphur otherwise I dont beleive the marriage would be legal and therefore wouldnt be relevant to get a laywer...Just after recommendations on lawyers in Thailand etc... thank you

Edited November 13, 2015 by joeyjojo

[blackcab]

I understand what you are describing but I don't agree with your terminology. In my opinion the divorce isn't contested, because there is nobody to contest it. A contested divorce is when one party wants a divorce and the other party disagrees with the reasons given. That isn't the case here.

One of the reasons you can be granted a divorce in Thailand is because of desertion. If one party deserts the other and they are gone more than 1 year a divorce can be granted. Clearly, this type of divorce requires no input from the other party.

[joeyjojo]

Yes thats correct and these are the grounds that would be given. Im looking for recommendations for good value lawyers. I was hoping those who have gone through the process could share that and who they used. Thanks

[joeyjojo]

It will have to be decided in the court. Hence the question regarding process and the recommendations for lawyers. Thanks

[hanuman2543]

Don't hire the one who gave legal advice here before. Hired him for a contested divorce and I can't recommend him. He was my 3rd lawyer in the divorce case and all 3 didn't work as expected. I filed 2 complaints with the Lawyer's Council. One will loose the license, one paid some compensation and the last one is not worth going there again because useless to claim compensation from him( there is a reason why he stopped giving advice here). Expect to pay a 6 digit amount plus expenses for travelling and court translators which are difficult to find. And sorry there is no value for money lawyer in Thailand, especially if they claim to be able to speak English.

Edited November 19, 2015 by hanuman2543

[Phukhieo Pete]

I have spent two year in the Thai high Court finalising the divorce. In the end got nothing !

Appoint a Thai lawyer from BKK from Sukhumvit expect to pay THB5000 an hour

The best way is to have an uncontested divorce where your lawyer will agree with your wife a financial settlement or access rights if you have kids. They s=will then draw up a contract for you which needs to be agreed by both parties and presentation to the Ampheur.

If contested this is going to be very expensive and time consuming particularly if you are working outside Thailand and need to fly in for every court apperance and time off work and loss of income.

If the wife will not agree then need to file a complaint with the court with all financial banking records, proof of payment and property details etc if kids are involved birth certificates etc. According to the compensation you are seeking will dtermine the court fee to be paid. The maximum court fee is THB175k or was and then on top you have lawyer travelling time and the hours to prepare all the court papers so to file my case was around THB300k as a child was involved and properties.

I also had to use a private detective to obtain housing registrations and property deeds etc

The wife wouldnt settle voluntary so the judge referred us for arbitration took 18 months with wife not attending hearings and counterclaims by both parties. In the end we went for trial my lawyer turned up late lost papers, witnesses didnt arrive from the bank and translators were not briefed. For all court hearings you need a translator additional cost.

In the end i ran out of money and accepted that my equity share in properties (sin somros) would be used to pay for my sons education until he is 21 years and no maintenance to paid. This was the only way out.

The judge decreed that property bought before marriage Uk house is Sin Tua and should not be spli 50/50 however my wife wanted half of that also.

With hindisght unless you have a new girlfriend just walk away let the wife sue you and settle on your own terms. If the wife is cheating or returned to the bar or have new fiancee then you can seek compensation from both wife and boyfriend.

If you live outside Thailand then she cant serve a summons on you from the court so the case remains in limbo if you want to be difficult as there is no regitered postal address for the court to send correspondence to. Also have no bank accounts in Thailand or other assets move overseas immediately.

If employed in Thailand consider relocating as can apply for salary deduction through the courts.

[Phukhieo Pete]

Final bit of advice act like an angel until divorce finalised.

Wife employed private detectives to follow me and hack phone and email records.

Even though separated from her she found the girlfriend threatened in her home with hired thugs and sued for THB 10 million compensation for loss of face and adultery . In a town 600kms from BKK she found us and had photos of us together and surveillance presented to the courts. Please dont run back to pattaya or soi cowboy

From my oen experinces if you cant just walk away and treat it as a leraning experience hire the best lawyers from sukhumvit there are a least half a dozen to choose from forget local lawyers as many dont have expertise. The divorce is finalised at the ampheur where you got married so expect to pay travelling costs and airflights and car rental if outside BKK easily another THB 100k.. In my case i thought it was worth it as related to access rights to my child. The wife and her lawyers tried to amend the court ruling before presentation to the ampheur as conversations are in Thai very difficult to understand what events are occurring.