Phuket Thailand

jason_uk · #1 27-09-2006, 20:20

i wanna know more information on this subject if married to a thai girl can she demand a ridiculous sum of money before excepting divorce?????????????

Mav · #2 27-09-2006, 20:26

Quote:

Originally Posted by jason_uk

i wanna know more information on this subject if married to a thai girl can she demand a ridiculous sum of money before excepting divorce?????????????

Yes she can demand a ridiculous sum of money........question is will you give it to her ???

LivinLOS · #3 27-09-2006, 20:35

Depends where she is.. If in Thailand and not yet holding a passport to the home country or having the long stay visa independent of you then no, she can only pursue you under Thai law which is pretty weak.

If she however has got to the stage of residency in the uk she can then pursue you for everything in the uk courts that a uk girl could. Its the jurisdiction of where she chases you and the location of the assets she chases is my understanding.

IIRC you have been married a couple of years already but cant remember how long shes been in uk. Remember you were getting her long stay sorted.

Theres a common tale I have heard a couple of times that may be an urban legend. Girl meets boy, girl marries boy, they break up, boy returns to California. Sister of girl marries an American and takes up US living, sister and hubby sponsor girl over for a visit, where she immediately sues boy in divorce courts, gains US residency, gains half his assets, back maintenance, etc etc etc Essentially financially ruining the guy yars after the relationship. I have heard the tale with both she had a kid and back sues him for years of child support (even though hes paying her money for the kid) and without, hence I tend to believe it to be an urban myth for expats. However the possibility for that is there.

shark1963 · #4 27-09-2006, 20:49

Hey Jason, as i remember that you are not long ago married, i hope this is not a bad situation for you or just and info you want to get. I dont know the UK law, but i guess it is similiar for all europaens. I can tell you how it is in germany, which should be close to UK (eurpaen law). Depending on the period of the marriage she has to return to her homecountry. Also if she had already a permision to stay, which is normally granted for 1-3 years frist time. If the non- europaen hasnt stayed at least 3 years in germany or EC, the permission of stay expires.Concerning to the assets , she gets nothing of the assets as she wasnt married at least 3 years, but you might have to pay some monthly money. If there is a child, not from previous marriage of her, you have to pay for the child.
This is the german law, but dont know how its in UK and what are the differences to europaen law.

LivinLOS · #5 27-09-2006, 21:04

Of course all of these things are hard for her to fight without legal aid.. Shes not going to have a high priced lawyer so you do have the option of tieing divorce proceedings up that way. If shes out of the country it would be hard for her to get into he UK to attend court presumably.

All that said your still legally married (and she can register that with the embassy here n BKK easily) and hence cannot get remarried ever until your properly divorced. So she can blackmail you that way if you ever intend to get married again. I have often heard of girls demanding payment to free a farang of this problem.

SMF · #6 28-09-2006, 02:28

About Denmark I can tell you that's not the same as in Germany, although we are also in the EU. In Denmark your wife must have stayed with you on the long stay visa for at least 7 years, before it gets permanent.

Otherwise I can only advise anyone before going into a marriage with a thai girl (or for that matter anyother girl), if they have any assets they want to protect, that they consult a lawyer first. Then you must make legal marriage contract.

AZZZEY68 · #7 28-09-2006, 03:09

I did a pre nup translated into thai in writing all done officialy they are recognised in EU if done correctly.

dawsey · #8 28-09-2006, 03:40

Quote:

Originally Posted by AZZZEY68

I did a pre nup translated into thai in writing all done officialy they are recognised in EU if done correctly.

A good idea,but a bit late when you have already got married.

AZZZEY68 · #9 28-09-2006, 03:54

Once bitten twice shy

steve@thaib · #10 28-09-2006, 03:58

First, if she has been here less than a year on a settlement visa you have something of a get out of jail card. The original visa they get is only for a year, you then have to do some more paperwork to say all is well and they then get indefinite leave to remain.

Second. These things are never cut and dried, there is no formula to work to. Any settlement will be decided on a day in court where both parties and their legal reps will get to have a very expensive argument.

UK courts will take into account what both sides brought to the party in the first place. If you had a house to start with and she had nothing it is very unlikely that she will walk away from a relatively short marriage with half, or anything like half.

If she has only been here a short time and is now groundlessly demanding big lumps of cash the courts will see right through her, with help from your hideously expensive brief.

If there are any children involved, all bets are off. Also, if there is any provable mistreatment (recorded assaults etc) that will be expensive, and quite right too. If there is any adultery involved you are fcuked, proper fcuked.

Divorce from a short marriage does not have to be expensive, depending on the time involved (how long were you married?) and the grounds for divorce (no fault divorces do not exist in the UK), she will get something but it will be on a sliding scale somewhere between nothing and everything.

A half decent divorce practitioner will deal with this, if it can be resolved on one court date, for around two thousand quid (which she will have to pay if you win). If that sounds expensive, try losing the argument.

LivinLOS · #11 28-09-2006, 08:38

The "which she will have to pay if you win" comment.. What would happen when the person is non uk and leaving..

You engage brief.. You win.. Theres a 2k GBP bill for her which she cannot and will not pay.. She leaves..

Who will the brief chase ?? Can he come at you if you have won the case ??

Never heard of that situation..

lovebangkok · #12 28-09-2006, 08:53

When dealing with divorce get a figure in your head what you are willing to part with and if she will except that figure give it to her , stay away from lawers and divorce courts for other than processing the paperwork for the divorce .You want a one off settlement a figure that you are both happy with pay up wipe your mouth with it and move on

.

steve@thaib · #13 28-09-2006, 12:46

Quote:

Originally Posted by LivinLOS

The "which she will have to pay if you win" comment.. What would happen when the person is non uk and leaving..

You engage brief.. You win.. Theres a 2k GBP bill for her which she cannot and will not pay.. She leaves..

Who will the brief chase ?? Can he come at you if you have won the case ??

Never heard of that situation..

I don't know that you could ever enforce it, but legally you can insert it into a divorce petition. If they are playing silly buggers, demanding big lumps of cash or the cause is nonsense, then inserting a 'loser pays' clause can sometimes make them back off before it starts.If she has no money to start with, or can't get legal aid, it can stop the thing dead in it's tracks.

You will pay your own bill and then claim it back, your brief wants paying, but her brief will have to point it out before doing any work. It's worth noting that them getting legal aid is unlikely as well.

steve@thaib · #14 28-09-2006, 12:55

Quote:

Originally Posted by lovebangkok

When dealing with divorce get a figure in your head what you are willing to part with and if she will except that figure give it to her , stay away from lawers and divorce courts for other than processing the paperwork for the divorce .You want a one off settlement a figure that you are both happy with pay up wipe your mouth with it and move on

.

It's really not that easy, one party has to lie down and take a shoeing. If you 'give' her a divorce on the grounds of unreasonable behaviour or whatever then why would she walk away with next to nothing?

Even a simple divorce, neither party attending the court case, will cost you a grand in legal fees.

If it was me (again), and I believed completely that I had done nothing wrong I would be very aggressive about fighting any raid on my property. I would much rather give 2 grand to a lawyer than have a woman walk into my life and waltz off with a big payout.

If you've been married for a few years and it's just not worked out then yes, find a sum and help her to re-settle at home. But short term big mistake relationships don't have to be the fiscal train wreck that so many people believe thay do.

LivinLOS · #15 28-09-2006, 14:45

Jason has said on here hes been married a few years now.. More than 2 IIRC.. Though of that time I think she was in Thailand mostly etc. So not cohabiting and also was he financially supporting her ?? Those things would all effect a UK settlement but I dont think Thais work like that much, they tend to take what they can and quits. Hence why sin sot is often asked to be a downpayment on later life for the woman should trouble arise.

I think the idea of a big divorce payoff in this case is unlikely, but she has him on the cannot ever marry again issue. It would be worth a few 1000 GBP to have that cleared and not hanging as if in later life you wish to remarry and she knows your driven by pressure then shes got you even further over the barrel.

jason_uk · #16 28-09-2006, 17:46

thanks for all your comments i'll just explain my situation,
i been married one year and a half i have never taken my wife back to the uk i have been fortunate to visit her alot over the past 3 and half years im also serving in the navy which will be a great help to me i think as i have heard plenty of guys in my job marrying foriegn girls and they get it sorted when they have found out there mistake of marrying i was going for a 2 year visa for her in Bangkok next month when i return back from Phuket but i have greatly changed my mind about it...........

jason_uk · #17 28-09-2006, 17:50

well from that scary explaination im happy to say she aint got any sisters so im ok there ........but also she has never been to the uk i visit her in Thailand

Quote:

Originally Posted by LivinLOS

Depends where she is.. If in Thailand and not yet holding a passport to the home country or having the long stay visa independent of you then no, she can only pursue you under Thai law which is pretty weak.

If she however has got to the stage of residency in the uk she can then pursue you for everything in the uk courts that a uk girl could. Its the jurisdiction of where she chases you and the location of the assets she chases is my understanding.

IIRC you have been married a couple of years already but cant remember how long shes been in uk. Remember you were getting her long stay sorted.

Theres a common tale I have heard a couple of times that may be an urban legend. Girl meets boy, girl marries boy, they break up, boy returns to California. Sister of girl marries an American and takes up US living, sister and hubby sponsor girl over for a visit, where she immediately sues boy in divorce courts, gains US residency, gains half his assets, back maintenance, etc etc etc Essentially financially ruining the guy yars after the relationship. I have heard the tale with both she had a kid and back sues him for years of child support (even though hes paying her money for the kid) and without, hence I tend to believe it to be an urban myth for expats. However the possibility for that is there.

LivinLOS · #18 28-09-2006, 18:35

OK well then IMHO divorce settlement needs be low / nothing.. Especially if hardly cohabiting (only visits away from work leave)..

However your married.. I dont know how it is with forcing a divorce from an unwilling divorcee.. Wifey was told she couldn't divorce without her husbands consent (hubby was gone and never likely to return to Thailand, not contact) but Thailand is often unusual in that rights are not equal between the sexes. Would not surprise me to hear that a man can force it but a woman needs permission.

The only possible hold if she has been Thailand only is the restrictions on you against future marriage.

steve@thaib · #19 28-09-2006, 18:40

Well, I can see your big divorce bill shrinking already.

Big question: when you got married was it just in Thailand or did you register it with the British Embassy as well? To the best of my (uncertain) knowledge if it's not registered at the Embassy it has no legal standing in the UK.

I suppose LiL is correct otherwise, she has you over the future marriage thing. That said, it depends how much of a possibility you see marriage in the future.

Also, I would think that getting such a marriage annulled (spelling?) would be a distinct possibility.

LivinLOS · #20 28-09-2006, 18:45

Even if 'you' didnt register it, she can do so alone with the paperwork.

I know someone who got married.. Instead of a honey moon immediately his new wife rushed straight to BKK to register it.. Kinda makes you think.

Have no idea about having it annulled.. That has to be the ideal but dont know how easy after 1.5 years.

steve@thaib · #21 28-09-2006, 18:48

Well, if you went to a brief here saying that you married this girl 3 years ago, she never even applied for a visa never mind set foot in the country and now you can't find her to ask for a divorce, I think you might get somewhere. Got to be worth a try?

jason_uk · #22 07-11-2006, 00:53

i never took her to uk i only visit her in bangkok but i want to divorce how hard can it be if she doesnt hold a uk visa.
i was told by a guy in thailand who has been divorced himself he paid like £600 with translate agency persons help to go to the embassy and said he didnt know where she was and couldnt contact her and it was done like that and he is free to marry another thai as he is divorced,i mean in uk if your divorced you can marry anyone you want ???

Quote:

Originally Posted by LivinLOS

Even if 'you' didnt register it, she can do so alone with the paperwork.

I know someone who got married.. Instead of a honey moon immediately his new wife rushed straight to BKK to register it.. Kinda makes you think.

Have no idea about having it annulled.. That has to be the ideal but dont know how easy after 1.5 years.

erik1 · #23 07-11-2006, 05:17

If you are married in Thailand only under Thai Law that would mean you could get an administrative divorce at the ampur where you got married. If she has denied you your matrimonious rights, has been sleeping with others or you have not seen her for a year that would be the easy way when she does not want to go to the amphur with you to end the marriage together. So stay away for a year, don't send her money etc and she will probably file for divorce after a year herself on the same grounds as she will look for someone new. (as far as I understood it)

Did you already discuss it with her?

Quote:

Originally Posted by jason_uk

i never took her to uk i only visit her in bangkok but i want to divorce how hard can it be if she doesnt hold a uk visa.
i was told by a guy in thailand who has been divorced himself he paid like £600 with translate agency persons help to go to the embassy and said he didnt know where she was and couldnt contact her and it was done like that and he is free to marry another thai as he is divorced,i mean in uk if your divorced you can marry anyone you want ???