prakhonchai nick Posted October 18, 2015 Share Posted October 18, 2015 A lot of good advice in many of the foregoing posts. Most, basically telling you to forget any divorce proceedings, and thereby the necessitiy of spending unnecessary money on lawyers. Just leave (you have not deserted her, she has committed adultery). Go and start a new life wherever, and keep all your money intact. If the time ever comes for the wife to want to divorce you, either she finds you and you set out your terms (half the house), or she goes to court and gets the divorce without your involvement (thereby getting the house and nothing else) Why spend tens of thousands on a lawyer to achieve the same result? Link to comment Share on other sites More sharing options...
Jip99 Posted October 18, 2015 Share Posted October 18, 2015 The only practicing lawyers are Thai. Isaan Lawyers would have been my first port of call if I had used a lawyer at all. I think I would have just walked - getting a divorce would not have bothered me. Exactly. Walk with your money. Let the dishonourable wife sue for divorce in abstentia. She pays all the costs and just gets the house, which is likely hers anyway. Walk across the border with all your cash,preferably Laos or Cambodia where you can still use baht.Spend a lot of time in these countries,come back to Thailand,for a holiday if you must.Then come back in 5 years. Sound advice and no need to hump cash - the ATMs in Cambodia accept Thai cards and the fees are not excessive. I doubt that a Thai court would pursue an absent Farang - even if the court process had already commenced. I think the fly in the ointment to the 'escape plan' is that Jan may already be in a new relationship in Rayong (based on his posts). He could also lie low in his home country if necessary. Link to comment Share on other sites More sharing options...
Nomyai Posted October 18, 2015 Share Posted October 18, 2015 Always Buriram, Sisaket or Udon Thani. What is it about these provinces The real question is whats up with the europeans. No other race jumps @ the chance to marry 2nd grade edukated women with multiple kids from multiple fathers like eu guys do. Lets look @ the bright side. Im sure the bride gave op the best 8 years of his life......................................hahahahahahaha. Link to comment Share on other sites More sharing options...
Krataiboy Posted October 18, 2015 Share Posted October 18, 2015 You need a lawyer as you clearly are unfamiliar with the Thai laws relating divorce. Unlike the UK and other developed countries, Thailand still works on the principle of the "guilty party" - in this case, your wife, who has committed adultery, which gives you the right to divorce her irrespective of any other consideration. Under Thai law, all assets purchased after the marriage are regarded as joint assets. Therefore, irrespective of where the money came from or whose name the house is in, you are entitled to half the proceeds of the sale of the property. You have no obligation to support this woman's children unless you legally adopted them or became their legal guardian and if she is of working age there is no reason why you should volunteer to maintain them herself. Thai women often play a long game to get their hands on the assets of a sham marriage and it sounds like you are yet another victim of this common scam. Harden your heart and use your head to ensure this ungrateful creature gets the absolute minimum she can wring out of you. Good luck. Link to comment Share on other sites More sharing options...
Krataiboy Posted October 18, 2015 Share Posted October 18, 2015 Get a lawyer if you want a fairer shake. You should never have made this duplicitous spouse such a ridiculously generous offer. Hopefully, it is not too late to withdraw it. Under Thai law, your wife's adultery makes her the guilty party. You might even be able to sue her new suitor for enticement. Irrespective of whose money was used or whose name is on the sale bills, all assets of the marriage should be divided equally, which means you are entitled to half the proceeds of the house sale. You are not obligated to support this woman's children unless you are their legal father or guardian- or keep her in the style to which she has become accustomed unless she is unable to work for a living. Harden your heart, use your head and invest in a smart lawyer who can get you back in the ball game. Link to comment Share on other sites More sharing options...
Jip99 Posted October 18, 2015 Share Posted October 18, 2015 Always Buriram, Sisaket or Udon Thani. What is it about these provinces The real question is whats up with the europeans. No other race jumps @ the chance to marry 2nd grade edukated women with multiple kids from multiple fathers like eu guys do. Jeez mate, you should see the number of Aussies and Americans in Isaan. Link to comment Share on other sites More sharing options...
Jip99 Posted October 18, 2015 Share Posted October 18, 2015 Get a lawyer if you want a fairer shake. You should never have made this duplicitous spouse such a ridiculously generous offer. Hopefully, it is not too late to withdraw it. Under Thai law, your wife's adultery makes her the guilty party. You might even be able to sue her new suitor for enticement. Irrespective of whose money was used or whose name is on the sale bills, all assets of the marriage should be divided equally, which means you are entitled to half the proceeds of the house sale. You are not obligated to support this woman's children unless you are their legal father or guardian- or keep her in the style to which she has become accustomed unless she is unable to work for a living. Harden your heart, use your head and invest in a smart lawyer who can get you back in the ball game. Excellent - this should have been post 2. The only thing is that Jan has a lawyer - from Bangkok - and it doesn't sound like he has been well-served. Link to comment Share on other sites More sharing options...
prakhonchai nick Posted October 18, 2015 Share Posted October 18, 2015 Excellent - this should have been post 2. The only thing is that Jan has a lawyer - from Bangkok - and it doesn't sound like he has been well-served. Sounds rather as if he "Asked the Lawyer", the Thai Visa well known one to whom he referred. He must have been one of the very few people that got an answer to a specific request from THAT lawyer.. Neither I nor many friends managed that. Pity with hindsight that he did! Link to comment Share on other sites More sharing options...
prakhonchai nick Posted October 18, 2015 Share Posted October 18, 2015 Get a lawyer if you want a fairer shake. You should never have made this duplicitous spouse such a ridiculously generous offer. Hopefully, it is not too late to withdraw it. Under Thai law, your wife's adultery makes her the guilty party. You might even be able to sue her new suitor for enticement. Irrespective of whose money was used or whose name is on the sale bills, all assets of the marriage should be divided equally, which means you are entitled to half the proceeds of the house sale. You are not obligated to support this woman's children unless you are their legal father or guardian- or keep her in the style to which she has become accustomed unless she is unable to work for a living. Harden your heart, use your head and invest in a smart lawyer who can get you back in the ball game. The generous offer was rejected. That offer therefore no longer stands. Back to square 1. If jan wants a divorce, he needs a good lawyer who fully understands that Jan is the innocent party, and is only liable to give the wife 50% of the house. She is entitled to nothing else. On the other hand if it is unimportant to Jan to obtain a divorce, then let him just leave, and the errant wife has lost 300,000baht , and will have to fund her daughters university expenses and her own divorce proceedings should she wish to have one. Jan....take note-- that if you remain legally married, then upon your death, your cheating wife may be eligible for widows pensions from your government and/or your former employers. She would also be eligible for any other assets you may have unless you make a will leaving it to others. Link to comment Share on other sites More sharing options...
roquefort Posted October 18, 2015 Share Posted October 18, 2015 Jan, please PM me. I can put you in touch with a good English speaking lawyer in Buriram if you need one. Link to comment Share on other sites More sharing options...
Rhys Posted October 18, 2015 Share Posted October 18, 2015 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 Justice.. on the emotional level..sometimes the best.. Link to comment Share on other sites More sharing options...
metisdead Posted October 18, 2015 Share Posted October 18, 2015 Posts containing derogatory generalization toward Thai women have been removed as well as the replies. Nonsense posts and troll posts have been removed as well. Link to comment Share on other sites More sharing options...
Scott Posted October 18, 2015 Share Posted October 18, 2015 A post with all caps has been removed. Link to comment Share on other sites More sharing options...
gemguy Posted October 18, 2015 Share Posted October 18, 2015 Disappear for about 1 year or more if you want and see what happens.....Thai style....lol Who needs to stick around and be subjected to the sort of crap you are being subjected to. Cheers and good luck. Link to comment Share on other sites More sharing options...
janpharma Posted October 18, 2015 Author Share Posted October 18, 2015 A lot of good advice in many of the foregoing posts. Most, basically telling you to forget any divorce proceedings, and thereby the necessitiy of spending unnecessary money on lawyers. Just leave (you have not deserted her, she has committed adultery). Go and start a new life wherever, and keep all your money intact. If the time ever comes for the wife to want to divorce you, either she finds you and you set out your terms (half the house), or she goes to court and gets the divorce without your involvement (thereby getting the house and nothing else) Why spend tens of thousands on a lawyer to achieve the same result? Thank You Nick, and many others...for your concern. I just don't understand why the Judge wants me to give the house and a sustainable amount of money. Meanwhile I paid my lawyer over 100.000.- Thb to defend my case... Does anyone has a good suggestion about a good lawyer? Because I learn through all your comments that my lawyer isn't acting the right way... I also would like to report this "corruptive" situation...Where do I have to address to do this? I also would appreciate that people with sarcastic minds keep their comments for themselves...and I thank the "global moderators" to act. further on...I would like to take this file ( Thai visa ) to Court....Can anyone tell me how to print this out...? Sincere thanks... Link to comment Share on other sites More sharing options...
MaeJoMTB Posted October 18, 2015 Share Posted October 18, 2015 You still aren't listening to us. You threw away 1.8M on a house You threw another 100k away on a lawyer who didn't appear to be competent, Now you're looking to throw more money away ........... Just leave, no lawyer, no court, no divorce, no more stress and worry, no more wasted money. You can't win this one, it's a money pit, and the only way to win is to stop digging. But you won't listen, Nobody ever does. Link to comment Share on other sites More sharing options...
happylarry Posted October 18, 2015 Share Posted October 18, 2015 A lot of good advice in many of the foregoing posts. Most, basically telling you to forget any divorce proceedings, and thereby the necessitiy of spending unnecessary money on lawyers. Just leave (you have not deserted her, she has committed adultery). Go and start a new life wherever, and keep all your money intact. If the time ever comes for the wife to want to divorce you, either she finds you and you set out your terms (half the house), or she goes to court and gets the divorce without your involvement (thereby getting the house and nothing else) Why spend tens of thousands on a lawyer to achieve the same result? Thank You Nick, and many others...for your concern. I just don't understand why the Judge wants me to give the house and a sustainable amount of money. Meanwhile I paid my lawyer over 100.000.- Thb to defend my case... Does anyone has a good suggestion about a good lawyer? Because I learn through all your comments that my lawyer isn't acting the right way... I also would like to report this "corruptive" situation...Where do I have to address to do this? I also would appreciate that people with sarcastic minds keep their comments for themselves...and I thank the "global moderators" to act. further on...I would like to take this file ( Thai visa ) to Court....Can anyone tell me how to print this out...? Sincere thanks... If you check post 12 in this thread you will see I sent you a PM, why don't you check this PM if as you say you want a good lawyer. HL Link to comment Share on other sites More sharing options...
DILLIGAD Posted October 18, 2015 Share Posted October 18, 2015 Mate, take the majority view and move on. Rebuild your life without any of this 'baggage'. That's what most sensible people do. Link to comment Share on other sites More sharing options...
Whyamiandwhatamidoinghere Posted October 18, 2015 Share Posted October 18, 2015 What is wrong with some guys. Dont they understand the saying "you can take a girl from the bar but can never take the bar from the girl". If a lady is prepared to sell her soul and hole for the elusive baht then dont you think she is capable of anything? Leave the bar girls where they belong. In a bar. Sorry but no sympathy. Use the primary brain not the secondary brain. Bar girls (prostitutes) belong in bars or brothels. They do not belong in the kitchen cooking dinner waiting faithfully for their loving husband to come home and eat after a hard days work. Tigers belong in the jungle not playing in your backyard. Some of us men better understand the saying "You can't make a ho a housewife" But there are those who die or come near death trying. Link to comment Share on other sites More sharing options...
AloisAmrein Posted October 18, 2015 Share Posted October 18, 2015 Thailand at its best. NEVER buy a house in Thailand. You cannot own a house as a foreigner. Xenophic policy of Thailand. Second: Don't marry a bar girl from Pattaya. A bitch remains a bitch. Third: Get a better lawyer. Fourth: You will pay for your mistakes you made in the past. Link to comment Share on other sites More sharing options...
Nomyai Posted October 19, 2015 Share Posted October 19, 2015 No hypocrisy here. I did not marry a prostitute. For the love of me I cannot fathom the words bar girl. Is it to make others feel good instead of using the real name for the girls. I am not having a go at the girls just calling a spade a spade. They are there for short term rental. Not for meaningful relations. No hypocrisy from me neither. I enjoy going to bars and interacting with bargirls. Something is wrong with me as no matter how much i like one do i ever think of marrying one..............hahahahaa. On the other hand i dont see why a bargirl would want to marry me-only thing i have to offer is a ton of money.......oops! Link to comment Share on other sites More sharing options...
theoldgit Posted October 19, 2015 Share Posted October 19, 2015 A number of trolling posts removed. If you are able to offer the OP some meaningful advice please feel free to do so. Link to comment Share on other sites More sharing options...
MobileContent Posted October 19, 2015 Share Posted October 19, 2015 Disappear for about 1 year or more if you want and see what happens.....Thai style....lol Who needs to stick around and be subjected to the sort of crap you are being subjected to. Cheers and good luck. If during the year the OP Mrs runs up credit card bills or decides to buy a pickup truck or get involved in any other credits, I hear that Jan would be liable as well. A quick divorce is the best option. Link to comment Share on other sites More sharing options...
DILLIGAD Posted October 19, 2015 Share Posted October 19, 2015 Disappear for about 1 year or more if you want and see what happens.....Thai style....lol Who needs to stick around and be subjected to the sort of crap you are being subjected to. Cheers and good luck. If during the year the OP Mrs runs up credit card bills or decides to buy a pickup truck or get involved in any other credits, I hear that Jan would be liable as well. A quick divorce is the best option. If considering staying in LOS, yes. Link to comment Share on other sites More sharing options...
hgma Posted October 19, 2015 Share Posted October 19, 2015 If i had told Jan that he could stash his money on my Lao dollar account @X+ % interest rates......he would be mad and tell my i am a crook. Who is gonna 'trust' somebody you not or hardly know? He is right, now sit on the hot pan Jan! Link to comment Share on other sites More sharing options...
thaiduncankk Posted October 19, 2015 Share Posted October 19, 2015 If you insist on a lawyer, you need one educated outside of Thailand. He might not be so 'Thai Rak Thai'. They do exist (in Isaan too). I used one when the police threatened me with jail and deportation. Although I was in the right, most lawyers with a Thai education refused to take the case on because the police were involved. I had to go to court otherwise police would 'lose face'. Went to court, no 100,000 baht fine, jail or deportation, paid 4,000 baht fine. Police 'saved face' as they 'won' the case. I still begrudged it because I was not in the wrong, but T.I.T ! Link to comment Share on other sites More sharing options...
timendres Posted October 19, 2015 Share Posted October 19, 2015 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). If you are legally married, and can prove the adultery, not only can you get the divorce, but you are entitled to compensation, not her. GET A REAL LAWYER NOW. Preferably one from BKK. Link to comment Share on other sites More sharing options...
Gecko123 Posted October 19, 2015 Share Posted October 19, 2015 It is totally incorrect that under Thai law all property purchased during a marriage is automatically split 50/50 upon divorce. See my posts 10 & 7 on below thread for explanation of how Thai marital property law addresses the division of debt and property acquired during marriage. http://www.thaivisa....ic/756222-debt/ Also, Google "Thai civil code marital property" for additional research. Infidelity is grounds for divorce in Thailand. If you paid for the house with funds you owned prior to marriage, then house belongs to you. Wife does have a technical claim to 50% of all your income acquired during marriage. This includes interest and capital gains acquired during period you were married. "Acquired" under Thai marital property law does not mean "purchased." It means "gained through effort" during the marriage, such as earned income. Link to comment Share on other sites More sharing options...
MaeJoMTB Posted October 19, 2015 Share Posted October 19, 2015 It is totally incorrect that under Thai law all property purchased during a marriage is automatically split 50/50 upon divorce. See my posts 10 & 7 on below thread for explanation of how Thai marital property law addresses the division of debt and property acquired during marriage. http://www.thaivisa....ic/756222-debt/ Also, Google "Thai civil code marital property" for additional research. Infidelity is grounds for divorce in Thailand. If you paid for the house with funds you owned prior to marriage, then house belongs to you. Wife does have a technical claim to 50% of all your income acquired during marriage. This includes interest and capital gains acquired during period you were married. "Acquired" under Thai marital property law does not mean "purchased." It means "gained through effort" during the marriage, such as earned income. The only marital asset appears to be a house built in a rural Issan village on family land. What value do you think that has, to anyone that isn't in the family? (Not to mention, it only really cost 1M to build in the first place and 0.8M was skimmed by the wife and related builder) Link to comment Share on other sites More sharing options...
Gecko123 Posted October 19, 2015 Share Posted October 19, 2015 It is totally incorrect that under Thai law all property purchased during a marriage is automatically split 50/50 upon divorce. See my posts 10 & 7 on below thread for explanation of how Thai marital property law addresses the division of debt and property acquired during marriage. http://www.thaivisa....ic/756222-debt/ Also, Google "Thai civil code marital property" for additional research. Infidelity is grounds for divorce in Thailand. If you paid for the house with funds you owned prior to marriage, then house belongs to you. Wife does have a technical claim to 50% of all your income acquired during marriage. This includes interest and capital gains acquired during period you were married. "Acquired" under Thai marital property law does not mean "purchased." It means "gained through effort" during the marriage, such as earned income. The only marital asset appears to be a house built in a rural Issan village on family land. What value do you think that has, to anyone that isn't in the family? (Not to mention, it only really cost 1M to build in the first place and 0.8M was skimmed by the wife and related builder) You don't know who owns the land, or if the house is constructed out of wood and can be dismantled. Anyway, the issue here isn't the market value of the house. The issue is whether under Thai marital property law, the wife had the right to demand 100% of the house (as she is doing), 50% of the house (as others have advised) or 0% of the house (because it was built with funds which the OP owned prior to the marriage.) The point of my post was to educate the OP and others about how Thai marital property law works. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.