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Posted

what can I do?

I don't have a pre nup agreement. Can she legally take half my money in the bank in exchange for divorce?

I have given her over 500,000 over the course of our marriage and she used it to buy a new car etc ( still has the car ).

Spent at least 50,000 for appliances, tv etc which she can have.

Thanks for advice that helps.

Posted

If she refuses, just file for divorce, but yes she would be entitled to 50% of everything since marriage date. You could always abandon her and shift your money out. whistling.gif

Posted

You mention a pre nup agreement so presumably you are referring to your assets held before you got married, in which case your wife has no claim on these at all. Its only assets acquired during marriage that is shared upon divorce. So in fact you still own half the car as well.

HL biggrin.png

Posted

The title says if my wife refuses to divorce me.

I dont get it . How can she take whats in your name without a divorce ?

Posted

send her on a trip...then hire a truck to pick everything up.

go hide out on some island.

If he has spent just 500k on his wife throughout the course of their marriage its hardly likely he will need a truck for the rest of his banknotes laugh.png

(read the OP carefully)

Posted

She can also have your bank here frozen. As Soon as she files or you do the court can freeze accounts till after the divorce. Even if the funds are from before you were married. This gives her a power to ransom the locked funds as she could put the case of for along time.

Posted

She can also have your bank here frozen. As Soon as she files or you do the court can freeze accounts till after the divorce. Even if the funds are from before you were married. This gives her a power to ransom the locked funds as she could put the case of for along time.

Completely wrong information.

The only time someone can get another's bank accounts frozen is if a court case has already been ruled on and the defendant has not paid what is owed.

No court will do such a thing on a new case.

HL biggrin.png

Posted

what can I do?

1. Secure all your vital documents immediately. Keep them out of your wife's reach. Change computer passwords if she knows them.

2. Open a new, secret bank account with a fresh bank.

3. Close all old accounts and withdraw cash.

4. Put cash in new account.

5. Pack your stuff and leave.

6. After 1 year your wife can divorce you for abandonment. After 3 years either of you can divorce for separation. When there is no contact or cash from you she will want a divorce...

Posted

if you have given her over 500,000bht.plus 50,000 for appliances over the course of marriage then you are entitled to half the car aswell as every thing else.

as its already been suggested get all your money out of the bank and kiss her arse goodbuy.

as you say you have only given her 550,000bht.for her services you can count yourself lucky.

it could easily have been 550,000pounds.

if she has a new farang boyfriend she will be looking for a quick divorce so she can hook another.

Posted

Jesus... A Thai divorce is so simple and fair, much more fair than in most Christian countries. Whatever was owned before marriage stays as is, whatever was acquired during marriage is shared 50/50 regardless of if it's in the name of the wife or husband. Including money in the bank.

If the money in your bank account is from before the marriage, then prove it, if the money was acquired during marriage and you want to be unfair, then move it

Posted

Meatboy smile.png

Was the spelling mistake deliberate? "get all your money out of the bank and kiss her goodbuy"

The car will have to be split so you can keep same amount of money in the bank that the car is worth, home appliances are not normally counted as they are a normal part of what a marriage should be. A home...

And kiss her goodbye when the divorce is through. Perhaps she is just one in the majority of women who married because of love or necessity and it didn't work out for either of you and now she is older and afraid of the unknown because she can't take care of herself well while you still can

The mother of my daughter is exactly like that. She married me because of love, she didn't want children but I did, We had one child but it didn't work out and I asked her to leave and we take shared custody in 2006 when my daughter was 1 year old but she never left. Our daughter is 11 years old now, I haven't touched a woman for 10 years

Mummy as I and my daughter call her is old and afraid of the unknown because she can't take care of herself well while I still can

Posted

Jesus... A Thai divorce is so simple and fair, much more fair than in most Christian countries. Whatever was owned before marriage stays as is, whatever was acquired during marriage is shared 50/50 regardless of if it's in the name of the wife or husband. Including money in the bank.

If the money in your bank account is from before the marriage, then prove it, if the money was acquired during marriage and you want to be unfair, then move it

I have no animosity towards her, and don't wish to deprive her of the car or the appliances. However, I need my money, and can't afford to be losing half of it.

I wouldn't even bother with the divorce except the married rate of pension back home is too low to live on, so need to be single if I go back home. She wouldn't want to get divorced, so just trying to find out my options.

Posted

what can I do?

1. Secure all your vital documents immediately. Keep them out of your wife's reach. Change computer passwords if she knows them.

2. Open a new, secret bank account with a fresh bank.

3. Close all old accounts and withdraw cash.

4. Put cash in new account.

5. Pack your stuff and leave.

6. After 1 year your wife can divorce you for abandonment. After 3 years either of you can divorce for separation. When there is no contact or cash from you she will want a divorce...

#6 That's no use to me. As I explained I need to be single if I go home to get enough pension to live on.

Not all of us are zillionaires like most TV posters claim to be.

Posted

I was told by my lawyer. Just asked him again. One divorce is filed for. One party can block the accts.

Posted

If you are talking about the pension in Australia you will get the single rate in Australia if you are separated, You will have to show you are settling in Australia without her. If you can get the divorce it would be best to do it at the amphur as it is cheaper and immediate. If she will not agree to a divorce remind her that without it she will be recorded here as married and will have to wait at least 2 years to apply to the court. It seems you are willing to leave what you have so just transfer your money first and then just put it she can either have what she has or go to court and get half of it.

I understand it is not a nice situation to be in....a stupid rule.

Posted

I was told by my lawyer. Just asked him again. One divorce is filed for. One party can block the accts.

Yes, confirm that can happen in Thailand. It will have to be ordered by a judge and is not totally uncommon, must have strong reason to warrant it though

More common is to get bank information from unwilling partner. Not difficult to get actually

Posted

I was told by my lawyer. Just asked him again. One divorce is filed for. One party can block the accts.

Yes, confirm that can happen in Thailand. It will have to be ordered by a judge and is not totally uncommon, must have strong reason to warrant it though

More common is to get bank information from unwilling partner. Not difficult to get actually

I already said in my earlier post that it can be done when a ruling in a court case is not adhered to and the courts then have to take action, but it would not be done as soon as a new divorce case has been filed at the court. As you rightly say it has to be ordered by a judge and there must be strong reason for it, so how on earth do you think you are going to ask the judge to do this if the court case is not for a couple of months after filing it.

My wife is an interpreter and works in courts assisting lawyers on divorce cases almost on a weekly basis , it seems, and I would believe her when she tells me the facts.

HL

Posted

I have been here for a long time. Trust me its done. Happens alot in the case of Farang divorce.

Posted

I was told by my lawyer. Just asked him again. One divorce is filed for. One party can block the accts.

Yes, confirm that can happen in Thailand. It will have to be ordered by a judge and is not totally uncommon, must have strong reason to warrant it though

More common is to get bank information from unwilling partner. Not difficult to get actually

I already said in my earlier post that it can be done when a ruling in a court case is not adhered to and the courts then have to take action, but it would not be done as soon as a new divorce case has been filed at the court. As you rightly say it has to be ordered by a judge and there must be strong reason for it, so how on earth do you think you are going to ask the judge to do this if the court case is not for a couple of months after filing it.

My wife is an interpreter and works in courts assisting lawyers on divorce cases almost on a weekly basis , it seems, and I would believe her when she tells me the facts.

HL

I don't have a wife but I have been interpretor in Juvenile court in Thailand quite a few times myself. I have not seen it happen when I was present but I heard that it has happened at an early stage too when I was in court.

I think we have to agree to disagree on this one but at least we both agree about the strong reason part

Posted

I was told by my lawyer. Just asked him again. One divorce is filed for. One party can block the accts.

Yes, confirm that can happen in Thailand. It will have to be ordered by a judge and is not totally uncommon, must have strong reason to warrant it though

More common is to get bank information from unwilling partner. Not difficult to get actually

I already said in my earlier post that it can be done when a ruling in a court case is not adhered to and the courts then have to take action, but it would not be done as soon as a new divorce case has been filed at the court. As you rightly say it has to be ordered by a judge and there must be strong reason for it, so how on earth do you think you are going to ask the judge to do this if the court case is not for a couple of months after filing it.

My wife is an interpreter and works in courts assisting lawyers on divorce cases almost on a weekly basis , it seems, and I would believe her when she tells me the facts.

HL

I don't have a wife but I have been interpretor in Juvenile court in Thailand quite a few times myself. I have not seen it happen when I was present but I heard that it has happened at an early stage too when I was in court.

I think we have to agree to disagree on this one but at least we both agree about the strong reason part

Jeez mate. Can we agree that when the lawyer submits the first paper to the court he then gets a date some time in the future for the hearing. And can we agree that it is not until this date that you first appear before the judge. In which case how can you get the bank accounts frozen when you first submit the paper because you don't even see the judge until weeks after that at the hearing.

It is just common sense surely that you can't do it until you attend the hearing and see the judge.

Does anyone out there understand what I am saying?

HL

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