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janpharma

Divorce in Isaan

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From reading the OP I think Jan is unsure of the proceedings.

I get the impression the negotiation he had was the initial hearing to decide if a settlement can be reached prior to going to trial. The judges try to find a quick solution through arbitration rather than dragging it all out with a trial.

As it appears no settlement was reached, the case will proceed with a number of hearings over the coming months or years for evidence and arguments to be submitted. That will include appeals and appeals on appeals before a court verdict for divorce is issued. The evidence will be accepted during the coming hearings.

My initial appearance saw the 3 judges ask both parties plus lawyers to approach the bench. We were both asked what we would accept in settlement and when no agreement was reached the case went ahead.

Jan's "sentencing" is a misunderstanding and I believe it means the next hearing or the start of the case.

At the end of all the appeals a court verdict for divorce will be issued with any financial conditions listed as part of the verdict. It is then up to the parties to settle their financial requirement with proof to the court before the verdict document is taken to the Umphur for the divorce to be registered.

This is a very well written post and I have to admit being wrong in my earlier post, I misunderstood what I was quoting, for

which I apologise. The divorce is not finalised until the finances are sorted out just as Farma states.

HL

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In Thailand assets are divided 50/50 even if they fight it. I know I went through it. Court is very fair. Get a new lawyer.

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From reading the OP I think Jan is unsure of the proceedings.

I get the impression the negotiation he had was the initial hearing to decide if a settlement can be reached prior to going to trial. The judges try to find a quick solution through arbitration rather than dragging it all out with a trial.

As it appears no settlement was reached, the case will proceed with a number of hearings over the coming months or years for evidence and arguments to be submitted. That will include appeals and appeals on appeals before a court verdict for divorce is issued. The evidence will be accepted during the coming hearings.

My initial appearance saw the 3 judges ask both parties plus lawyers to approach the bench. We were both asked what we would accept in settlement and when no agreement was reached the case went ahead.

Jan's "sentencing" is a misunderstanding and I believe it means the next hearing or the start of the case.

At the end of all the appeals a court verdict for divorce will be issued with any financial conditions listed as part of the verdict. It is then up to the parties to settle their financial requirement with proof to the court before the verdict document is taken to the Umphur for the divorce to be registered.

This is a very well written post and I have to admit being wrong in my earlier post, I misunderstood what I was quoting, for

which I apologise. The divorce is not finalised until the finances are sorted out just as Farma states.

HL

The idea of the post is good, however the poster's knowledge and use of legal jargon leaves something to be desired. You definitely do not want to march into court and ask for arbitration. That means the arbiter/judge assigns who gets what. In an arbitration you have no say. Arbitration is usually used because it has previously been written into a contract in order to avoid the more expensive and time consuming litigation or going to trial.

I think the term he meant was mediation, where the two sides come together in private and negotiate back and forth in order to try to come to an agreement.

In addition he said that after all the appeals. Well you can not appeal a decision until after a verdict is reached. Otherwise what would you be appealing?

Also, the "verdict document" that he mentioned is called a decree.

As many have said you need a lawyer. He who represents himself has a fool for a client. I have been that fool several times (would never do it in Thailand though), but fortunately all of the outcomes were successful for me.

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The dis-abled bf sound like quite a catch? Distributing money hand over feet!

The op sounds quite like the old cliche-and not in a good way!

My kudos to op saying girl from a bar in Pattaya! at least he knows what he is dealing with. Good Luck cakefruit!

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That's the 3rd this week.

I bought her a house, I bought her a car, now I'm out.

The ugly truth is, she only ever wanted the house and the car, you weren't going to spend much more and she knows it.

Asking us for advice is a little bit like a guy jumping off a balcony then phoning for help before he hits the ground.

Seeing as you have already gone to court and been warned of the likely outcome.

What you do is take your money and anything else you can sell/carry/offload then leave the country and don't look back.

Some people, that are less forgiving than myself, have been known to bulldoze/burn down the house on the way out.

Shouldn't have bought the house for cash!

Sorry for your loss, it could have been worse, and still can be.

PS

Why would you even consider throwing more money at her?

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That's the 3rd this week.

I bought her a house, I bought her a car, now I'm out.

The ugly truth is, she only ever wanted the house and the car, you weren't going to spend much more and she knows it.

Asking us for advice is a little bit like a guy jumping off a balcony then phoning for help before he hits the ground.

Seeing as you have already gone to court and been warned of the likely outcome.

What you do is take your money and anything else you can sell/carry/offload then leave the country and don't look back.

Some people, that are less forgiving than myself, have been known to bulldoze/burn down the house on the way out.

Shouldn't have bought the house for cash!

Sorry for your loss, it could have been worse, and still can be.

See the sad tale of Yoshi-oka san.

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Why bother with a divorce Jan?

Unless you want to re-marry, stay as you are. Leave the wife. Have a legal letter of separation sent to her setting out why you have left, and then get on with your life (seemingly in Pattaya according to an earlier post)

That way there is no settlement necessary. You have already lost the house. Why lose money too.

Let the wife sue for divorce, then come up with the evidence/documents etc you have, and make sure that any money you have is suitably "lost".

Quote: Let the wife sue for divorce, then come up with the evidence/documents etc you have, and make sure that any money you have is suitably "lost".

As long as the whole thing is "in Limbo", one should "loose" as much money as possible.

- IMO this thread should be moved to the sub-forum "Marriage & Divorce", especially since the posts so far do not include the "house-factor" enough. There is more to it.

Cheers.

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I don't want to be a pessimist but in many countries adultery does not mean much during a divorce. It does not help much on how much you are obliged to pay. In Thailand you have to pay 50% of the increase in your money possessions during marriage.

So if you had 100.000 in the bank and a 10.000.000 house before the marriage and 200.000 and a 10.000.000 house at the moment of divorce you have to pay for the 100.000 increase (50% of that).

Adultery means nothing in a divorce, my mate got raped by his cheating English wife in Australia, took 60 %..

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your fist mistake, she came from a bar in Pattaya !! Get a better lawyer.....

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I must admit i don't live in the " Movie World " but i would be very tempted to empty my bank accounts and burn down the house on the way out and go home.Perhaps it's not the right thing to do but it will certainly cause you less " bitterness " for months and years to come......

F.J clap2.gif

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Why pay her any cash? I do not understand this.

She already has the next sucker hooked.

15,000 / month plus gold plus extras.

She can get her arse in a job.

You have paid enough.

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she came from a bar in Pattaya)...There's your sigh...

Thai apologists would say you got what you deserved...this is Thailand...you knew the odds going into the marriage...you are the farang with deep pockets trying to take advantage of this poor Thai woman who is only doing what Thai women do...

Let this be a lesson to you and others who venture into waters filled with hungry man-eating sharks...

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I don't want to be a pessimist but in many countries adultery does not mean much during a divorce. It does not help much on how much you are obliged to pay. In Thailand you have to pay 50% of the increase in your money possessions during marriage.

So if you had 100.000 in the bank and a 10.000.000 house before the marriage and 200.000 and a 10.000.000 house at the moment of divorce you have to pay for the 100.000 increase (50% of that).

Adultery means nothing in a divorce, my mate got raped by his cheating English wife in Australia, took 60 %..

Does in Thailand....read the law...all on the man's side.

Adultery if proven is grounds for divorce...but only for the man.

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She left you for a disabled man?

Better than leaving you for another woman.......I guess.

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What do you expect from a bar girl (prostitute) from Pattaya ???

Get yourself a good (divorce) lawyer.

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