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Home » Reader question » Reader question: Settlement of divorce and property division with my Thai wife
Dear readers,
After six years of marriage, before Thai law, my wife decided to start working as a lady bar girl again because I didn't have enough financial resources to fulfill her wishes. She has now built up a considerable fortune through her work.
Now we want to get divorced. Thai law then says what you have built up during your marriage period, such as the contents and assets are divided in half. Since I have no assets, only my monthly AOW and what pension and she only receives 50% of the household effects, she will be difficult.
Do any of you have experience with this. How can I best handle this?
Regards,
Victor
I would gather as much information as possible and hire a good lawyer. Apparently you are not married under Dutch law, which saves extra arrangements. It's still a hassle you have to go through, but standing up for yourself is a birthright and make use of it and don't let yourself be fooled.
The first step is to prove that she actually has assets. If it's on the couch, it's easy. But a lot of money that goes around in the bar circuit is black. It only needs to be in another account of someone else and then on paper she has no assets.
Personally, I would start with a good lawyer first.
But I would also say don't make it too difficult for yourself, throw it on a deal if necessary. You own the furniture where you live and she keeps her wealth, or something like that. These kinds of lawsuits take a lot of time and effort.
Dear Victor,
If I understand correctly, you want to take advantage of what your Thai partner has earned??
Because she bought everything from her salary, you also benefited a lot from it, otherwise you would have had to buy it all.
And you have been able to save a lot of money or do other fun things with it!!
I also know a few compatriots who live in their Thai partner's house to save on rent costs.
These compatriots are the Kinijauws of Thailand, and then I am always deeply ashamed that they also come from the Netherlands.
So if you also want to benefit from your marriage to a Thai lady, I hope that this Thai lady has the best lawyer in Thailand and then has half of your AOW and Pension seized.
Very sad that there are such Dutch or Belgians walking around here !!
Best regards,
Josh .
I see you haven't read the story properly, and you don't seem to have any experience with a .divorce. In this case THE WOMAN has more material wishes than the man can provide.
They call it greed. The husband cannot aspire to share his wife for money, hence the divorce.
“His wife” now wants to be difficult in the divorce, because of her insistence on more earthly matters. I don't think Victor benefits from her income. She is clearly self-centered, has benefited from Victor in previous years, but now wants more and more.
You can take the woman out of the bar, but you can't take the bar out of the woman.
If she earns that much, then she is in a very special club and she is much too young for Victor, that is his fault. It seems nice such a young slut, but it turns against you.
Either you ignore everything and live your own life or you divorce.
By the way, I came across an experience of a middle-aged man with a 42-year-old Thai nurse, who had been married to him for less than a year and then hooked up with the next man (a 60-year-old). She had already been married 3 times so, sinsod!! Well women, just try to find the right one.
And why shouldn't I be allowed to live in my wife's house? Isn't living together something you're supposed to do when you're married?
What should I do then?
Leave her house empty and rent something to prove that I'm not a miser?
My wife may live with me after all, I hope... or will she suddenly become the miser
josh,
Very sad that you have prejudices, I and my wife first lived with my mother-in-law for half a year (plenty of space) before we found a house of our own. Once moved, the soi where many family members live was surprised that we left the parental home, because who would take care of mother in the future? You can have a judgment but yours may be partly true but that is not true for everyone. Shame on you.
Clean
The experiences I see around me are not rosy. Is there real estate involved. Is it in both names? If this is not the case, take your own things with you after the divorce and leave her behind, because if you start being difficult, the other party may become very difficult. After all, she has saved a large fortune by selling her body, I wouldn't want to take a single piece of it with me.
With regard to goods and assets, you should divide this 50/50, if you are not married under a prenuptial agreement.
Of course, this also applies to your wife's accrued assets !!, after all, you are still married. However, there is no alimony obligation, I believe, in Thailand.
I can't say whether your pension is considered an asset by Thai law. You will have to go to a divorce lawyer for that, moreover if you build up assets during marriage, then this would fall outside.
Depending on your situation with your wife, you could arrange it mutually and establish it in a divorce agreement as it is called here. There you arranged the distribution yourself and everything was recorded and signed for approval. After which everything is handled by a lawyer.
Thus when the earthly goods are divided, it is over.
A lawyer is needed, usually it applies to a divorce that it is war.
There are two ways to divorce in Thailand 1 if you agree on the terms of the divorce through a very simple procedure at the amphoe (town hall) 2 if you disagree before the family court, also known as saan deck (children's court).
I was divorced under 1 four and a half years ago and received one third of the capital from the matrimonial property, one third went to her and one third (land) was credited to our son's name. I got custody of our son.
Number 2 is expensive. Count on lawyer fees of 20-40.000 baht and a long procedure. For this form of divorce you have to give reasons such as adultery, abandonment of more than (I thought) two years, abuse, etc. the lawyer knows that. The court decides on the division of the matrimonial property.
I would go for 1 and try to persuade her to do so with the threat of 2 (she will also lose out financially) even if you don't get half of the marital property.
Hi Victor, I recommend a good lawyer. Get one that speaks English and is definitely on your side and doesn't play a double role.
If you legally marry in Thailand, it is also legally valid in the Netherlands. In fact, you must report this to the registry office in the Netherlands.
I endorse what Jos says, with some nuance.
You are married according to Thai law, of course that law applies in the event of a divorce.
The first question is, was there property before the marriage and has this also been recorded. Then part of the current assets accrue to the original owner, otherwise it is 50/50.
It is not that difficult after all, make a list of the assets per present or. date of divorce.
You may be able to assert some right to your wife's money if you paid all of your Aow and pension to the household, which enabled your wife to increase money.
As you ask the question, you seem to want to profit from the divorce and that doesn't smell good; your husband is not being difficult yet, you expect that, then you can also ask your question if there is a question of being difficult. If it is your intention to profit from the divorce, then you can expect something, apart from the associated costs and long-term uncertainties, I think that is seriously inadvisable.
I have already mentioned the only argument you have for possibly being able to claim some of your wife's funds at the time of division of the estate; you paid for everything for the household and your wife thus saved everything from her work.
I hope you understand that your spouse's perception of that fact, her labor, will be very different from yours.
I wish you strength, but above all wisdom.
Nico B
Thai family law states that all personal monetary assets and other property owned by the individual marriage partner before the date of marriage are not included in the division of property in the event of a divorce.
When no real estate has been bought and you get the chance, pack your things quickly, get a divorce and get out, then you are the best and then many divorced farang are jealous of you, because a divorce in Thailand costs most farang a small power.
If you go to court you lose anyway, she is Thai with money and a willing body and you are farang without money, she takes an expensive lawyer and you have to make do with an average lawyer and if it really can't be easy for her she buys just get your lawyer.
A well-known Thai proverb is: Everything that is yours is also mine, but everything that is mine is not yours.
I would count my blessings, pack my bags, and take the rambling slats. There's nothing to gain. There is talk of household effects purchased at the time of the marriage: apparently this has already been divided equally. No joint assets have been built up at the time of the marriage, eg savings, investments, real estate. Then there is nothing to discuss. Go to the town hall and register the end of the marriage.
However, because she went back to work after 6 years of marriage, Ms. has saved capital. Victor does not report how Mrs. Land has already started working again, so that it is impossible to estimate how large his claim could be on the savings. It is therefore impossible to say whether his claim will be useful. Anyway, he questions it, and I conveniently assume his claim is worth it.
In principle he is right. Mrs saved during the marriage, so Victor is entitled to half. Because the lady does not cooperate, he has to go to court. He can argue that in the first 6 years of the marriage he maintained his Aow and pension to the best of his knowledge. Now that she has earned some time herself, he can expect his claim to be well founded.
The court procedure is prepared by a lawyer. That costs something. An invoice will also be received from the court. Victor can calculate for himself whether half of the total legal costs are less than the amount of his claim. The other half has to pay Mrs.
First of all, kudos to the editors of Thailandblog for publishing a story like this. This at least gives the reader an insight into how some people view life with a Thai. Some responses are purely about the legal aspect, others are about the human aspect.
Victor clearly indicates that he is incapable and was unable to meet his wife's expectations. Despite a 6-year marriage in which he "supported" his wife as best he could, he must have received something in return. If only she cooked for him, kept the house clean, did the laundry, shared his bed…. or whatever. If this were not the case, he should have realized earlier that he had chosen the wrong woman and he can hardly hold anyone else responsible for that.
Now that his wife has built up a fortune through her own "work", he is eagerly looking forward to it and wants his share of the cake. As far as this “capacity” is concerned, it is a very relative fact and one can ask all kinds of questions about it. So the wealth was built up by working in the bar, let's call a cat a cat and call it prostitution. Prostitution in itself is not a criminal offense in many countries, as long as it occurs under certain circumstances. Third, and that is Victor, despite being married in Thailand, taking advantage is punishable because then the person concerned is labeled as a “pimp”.
I would give Victor some good advice: take your personal belongings and leave quietly without making a fuss. You are here in Thailand and as Farang you will only get a loss with possibly serious consequences. Your “wealthy” woman will be better informed than you are and will defend her self-built “wealth” tooth and nail.
What's going on here can't be seen as just Thai, it's happening just about everywhere.
Simple enough if you agree just to just ampoe and get a divorce
You don't mention what she wants, nothing? then hop and go, easy enough.
Does she want to make things difficult? just don't get divorced and move out
Good luck!