divorce information help

[aonangjohn]

different twist to the normal postings here. trying to help an old thai friend get her divorce after being separated 5 years, from her holland husband.

to make a long story short, they married went back to her village and started to build a house on her land. she leased the land to him for the standard 30 years. after a couple of yearss the maarriage went sour and he moved into town and her back to the family house. she works and receives no help from her ex.she has been separated 5 years, and now would like her freedom back. she asked him for a divorce but refuses, (i think because he uses being married for his visa in thailand, he is old enough for retirement visa but not meet requirements for funds, as being married he just has to prove an income of 400,000 which his pension from holland gives him). she does not want the house or anything else from him but just her freedom back.

question?   can she just go to her amphur and file for grounds of separation, pay the fee and finished. of course bring the proper documents required. and help would be appreciated.

 

i know it is usually the other way around but looks like this guy is just taking advantage and actually illegal in the land if using a marriage as grounds for stay.

just makes it look bad for us others who try to follow the rules...thanks again for help

[happylarry]

The district office will only divorce if both parties are present to sign the paper. She has grounds to sue her husband for divorce as they have been apart for more than three years and she would have no problem, but it has to be done by a lawyer through the divorce court.

HL

[aonangjohn]

thanks i will pass it on to her but like i said he won't sign because i think he uses it for his visa. sueing might have to be the way to go but probably a lenghty process

[happylarry]

If they have been estranged for five years then its a straightforward case but it will obviously take a couple of months to go to court but there is no other option apart from the status quo so it depends on her wanting the divorce or not.

HL

Edited September 30, 2016 by happylarry

[MikeyIdea]

I wonder if the parasite husband can create problems regarding the asset

 

They built a house on I assume her land before marriage => the land is hers to keep and he keeps the right to use it until the lease runs out. So far no problems 

 

The house on the other hand should be split as marriage asset if it was built for the benefit of the family

 

The wife is happy to give it to the husband but what if he refuses and wants his half of the money instead?

 

Thai courts are excellent at finding a good negotiated solution, they'll figure something out 

[aonangjohn]

thanks again for your answers and suggestions. 

 

larry she'll be glad to hear that, and i think the couple of months waiting she can handle as she been asking him for years to divorce her.

 

mike, you have a good point about the house as an asset, but it was never completed so maybe there is nothing for him to get there.

[baansgr]

On ‎9‎/‎29‎/‎2016 at 10:11 PM, aonangjohn said:

thanks i will pass it on to her but like i said he won't sign because i think he uses it for his visa. sueing might have to be the way to go but probably a lenghty process

In order to obtain an extension based on marriage, his wife would need to cooperate and attend immigration when applying so that isn't the case

[realenglish1]

SHe will have to go to court for the divorce since she knows where he is If she did not know where he was and how to find him she would be able to file with the courts abandonment otherwise she has to go based on knowledge of where he is  and file Even if he contests it in court the most probably will allow the divorce

[Autonuaq]

under the Dutch as well under the Thai law you can separate easy take some just file under 

'take not care'

and the other 2 suitable reason.

 

can help her with lawyer who have done the Thai-Dutch law case very recently if needed for Holland.

Dutch law is easier than Thai law to have a divorce. You need a Lawyer who understands the Thai law too so the Dutch notification of divorce and the Dutch Registration will not be challenged in Thailand is the ex- husband protests and tries to block in in Thailand.

 

 

for visa and extension, he need her to sign as well be present in person. so he has no change if she refuses to extend visa. 

Edited October 1, 2016 by Autonuaq

[AsianExport]

If it was me she would never get her freedom back except if she pays me A LOT !

[Mangostin]

Something just doesn't sounds right here, i mean, even if we know that thai wives never lies and cannot do bad things, ever, as we can see from the countless stories of these bad farang husbands which just want to clear up their innocent wives of all their belonging and are up to no good, what about having a chat directly with him?

Maybe you will discover a whole new story?

If your old flend refuse to tell you how you can get in touch with the dutchie, i would start to smell a rat........and a big one too

Waiting for your updates on the whole matter 

[NickJ]

So he has a thirty year legal lease. Was the lease signed before a legal name changing registered marriage? If not than the lease is a pre marital asset. Plain and simple. House or no house.

She can't borrow against the land or sell it. Till the lease is up.

Pre or post marriage?  That decides the case.

[sawadeeken]

WOW...... It is risky seeking advise on the forum..........................

In Thailand it is not expensive to consult a lawyer/solicitor (as in other countries)...........

Get some 'legal advice', from a legal source..... You might be surprised and not even cost for the advise...........

Problem could be solved easily.............

Talk to a lawyer in Thailand, There are so many who mean well, HERE but are wrong.........

[SOTIRIOS]

...it is not the Thais that need help in Thailand....

 

...it is the foreigners......

 

...and more and more one has to wonder why this forum for foreigners....has eroded to this point......

 

 

[Deepinthailand]

He may well be getting his yearly non o based on marriage from Savenaket only needs copy her Id and house book. And he will probably have them from years back no problem.

[performance]

Great story I particularly like the part about he not meet requirements.  That was not the case once building her a home. Which she has kept :)

In regards to him getting a VISA off his marriage. Again really quite impossible. A non O visa requires her signed ID and a letter hand written in some parts of the world.

I sure she is a lovely lady but Thais are shift as rattle snakes. 

[performance]

2 hours ago, Terdsak said:

I love reading barstool lawyer opinions; the later in the evening the more wildly inaccurate they become - with notable exceptions. The problem for the OP is separating the wheat from the chaff.

 

Who cares about her really all rorters let her go bleed some other stooge. She probably bled him dry. Thainess 

[Deepinthailand]

26 minutes ago, performance said:

Great story I particularly like the part about he not meet requirements.  That was not the case once building her a home. Which she has kept :)

In regards to him getting a VISA off his marriage. Again really quite impossible. A non O visa requires her signed ID and a letter hand written in some parts of the world.

I sure she is a lovely lady but Thais are shift as rattle snakes. 

Read the above post  19 not impossible at all

Edited October 1, 2016 by Deepinthailand

[Grubster]

I think the op may be her next victim. Don't ever believe sob stories from a woman.  Especially a Thai woman. I guarantee you don't know all of the truth. Tell her to get a lawyer and leave yourself out of it.

[cdnvic]

This should go without saying, but apparently it isn't obvious to some. If you advocate violence as a method of settling marriage issues, you are out of here. (several posts removed).

[GOLDBUGGY]

I just renewed my extension (again) based on marriage and to be honest I can't see how he could do this without his wife's signature and cooperation.

 

Even if he forged his wife's signature, found 2 witnesses to lie for him, had a copy of their marriage certificate, used old photos for their house pics, used his 30 year lease agreement for his location, and came up with a good excuse why his wife wasn't with him during this renewal process at Immigration, he still has to pass a surprise police visit and which they better find him in the location he said and with his wife, and also hope they don't talk to other people who live their. Like her family for instance. They may not come every year, but for sure at least once in 5 years. 

 

So since I can't see any benefit to him for staying married, it then poses the question as to why he refuses to give her a divorce. It can't be the house they started to build as a skeleton of a house isn't worth much and even if it was he still should get back 50% after the divorce. He also still has a 30 year lease on the property. Although a divorce can change that and especially if she brought this property into the marriage. 

 

Could it be he is just vindictive and doesn't want his wife to have any future happiness? Perhaps! But after 5 years you would think he would be over this by now. Besides that, and as along as he remains married he runs the risk of future problems, like her getting into debt and him forced to help her out of it. Or even her suing him now for divorce when he may have gained more wealth. 

 

So my guess is that he is afraid to rock the boat as he is afraid that through an official divorce he may have to pay some maintenance to his X Thai Wife and/or split some of his present assets. Since he doesn't pay anything now, nor have they agreed on the division of property, this could be a viable possibility. Being in a situation like this, and not planning to marry anyone, why bother to change that? 

 

I would suggest that they get together now and try and settle any of these issues. If he refuses to cooperate and talk about this then I would just tell him that the next step is to a Lawyer to sue him for divorce, and division of his property, maintenance support, and court costs. See where that takes her.   

[performance]

2 hours ago, GOLDBUGGY said:

I just renewed my extension (again) based on marriage and to be honest I can't see how he could do this without his wife's signature and cooperation.

 

Even if he forged his wife's signature, found 2 witnesses to lie for him, had a copy of their marriage certificate, used old photos for their house pics, used his 30 year lease agreement for his location, and came up with a good excuse why his wife wasn't with him during this renewal process at Immigration, he still has to pass a surprise police visit and which they better find him in the location he said and with his wife, and also hope they don't talk to other people who live their. Like her family for instance. They may not come every year, but for sure at least once in 5 years. 

 

So since I can't see any benefit to him for staying married, it then poses the question as to why he refuses to give her a divorce. It can't be the house they started to build as a skeleton of a house isn't worth much and even if it was he still should get back 50% after the divorce. He also still has a 30 year lease on the property. Although a divorce can change that and especially if she brought this property into the marriage. 

 

Could it be he is just vindictive and doesn't want his wife to have any future happiness? Perhaps! But after 5 years you would think he would be over this by now. Besides that, and as along as he remains married he runs the risk of future problems, like her getting into debt and him forced to help her out of it. Or even her suing him now for divorce when he may have gained more wealth. 

 

So my guess is that he is afraid to rock the boat as he is afraid that through an official divorce he may have to pay some maintenance to his X Thai Wife and/or split some of his present assets. Since he doesn't pay anything now, nor have they agreed on the division of property, this could be a viable possibility. Being in a situation like this, and not planning to marry anyone, why bother to change that? 

 

I would suggest that they get together now and try and settle any of these issues. If he refuses to cooperate and talk about this then I would just tell him that the next step is to a Lawyer to sue him for divorce, and division of his property, maintenance support, and court costs. See where that takes her.   

That's a exstension of stay. Your asleep still

We are referring to a non o visa. 

[owenm]

I was of the opinion that when a Thai marriage has had a separation of longer than 3 years due to desertion, then one of the party can apply for divorce on the grounds of desertion through the local amphur which initially registered the marriage. 2 Thai witnesses would be required and all the relevant documentation, original wedding certificate, copy of his passport and possibly a translated copy of passport as well. There are no children in the relationship, so should be an easy process. I would suggest she makes enquiries at her local Amphur who registered the marriage, for advice. 

[Deepinthailand]

To get a non o all you need is signed copies of her ID card and house book simple as I'm sure if he did this before he will have signed copies already. That's all he needs in savanaket. 

[GOLDBUGGY]

22 hours ago, performance said:

That's a exstension of stay. Your asleep still

We are referring to a non o visa. 

I agree somebody is still asleep here!

 

The OP never mentions anything about a Non O Visa. In fact what he says is: " (i think because he uses being married for his visa in thailand, he is old enough for retirement visa but not meet requirements for funds, as being married he just has to prove an income of 400,000 which his pension from holland gives him)"

 

Clearly this is the extension I was referring to. I have no idea what you were referring to. Or even how you got to use the word "We" when you meant "You". 

[cnx355]

On 01/10/2016 at 4:13 PM, baansgr said:

In order to obtain an extension based on marriage, his wife would need to cooperate and attend immigration when applying so that isn't the case

  

In that case , she may inform Immigration where he gets his extension that they are not living together as husband and wife.   If he does not cooperate, she may use the same tactic.

 

But , is she sure he still use marriage extension ?  Maybe he is not. ! Anyway, she need to start divorce proceeding.

[hobobo]

On Saturday, October 01, 2016 at 6:48 PM, AsianExport said:

If it was me she would never get her freedom back except if she pays me A LOT !

Says a lot about what kind of person you are!

[AsianExport]

6 hours ago, hobobo said:

Says a lot about what kind of person you are!

 

 

Yes I am not the one who is cheated but I am the one who cheats and is proud of it. You understand the difference between a victim like you and me ?

 

 

[metisdead]

An inflammatory post has been removed. 

[thaibeachlovers]

While not an expert by any means, I did some research for my own divorce, and to me it seems that she has grounds of being apart for the requisite time, and just needs to go to the family court for a straightforward ruling, especially if not getting involved in financials.