Thailand-UK ประเทศไทย-สหราชอาณาจักร

Forums ฟอรั่มส์

Thanks Thanks:  1
Likes Likes:  0
Dislikes Dislikes:  0
Results 1 to 10 of 10
  1. #1
    Rookie มือใหม่
    Join Date
    7 Jun 2014
    Posts
    1

    Default Divorce - advice

    So we have decided to divorce.....

    Staying together for the kids has kept us together for the last couple of years but its now at the point where its not healthy for either of us and will start impacting on the kids lives.

    At the moment my wife and step daughter are both on 1st extended settlement visa's in the UK - a 2nd extension will be required for my wife to be able to apply for ILR

    We have one biological child together - we are all in the UK in the same house (in my name) atm.

    One thing I already know
    Registration was at her local amphur - so a trip to Thailand will be in order to both of us sign away the marriage.

    We will divorce before she would be able to apply/obtain ILR - so her and the kids lives will be back in Thailand, this is fine for me as I will take a transfer with my company to work in China.

    I fully intend to support the kids until they are adults, however what can my soon to be ex wife expect from me?
    I would like to buy the kids a house in Thailand, which their mother can live in with them but I don't want her or her family to be able to sell / loan against the house is there some way i could put a property in trust for the kids until they are old enough to make a decision as adults?

    Only major asset is my house in the UK which is in my name - i would sell it and use a fair size chunk to buy the house for the kids in Thailand, however I really don't want my soon to be ex to take any major share of it.

    TIA

  2. #2
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
    Join Date
    14 Apr 2003
    Location
    Pateley Bridge, North Yorkshire/ Khao Yai, Korat
    Posts
    6,636

    Default

    I would wait until your wife is back in Thailand and you are divorced. Once she's there she is unlikely to make any claim on your UK assets - it would be very difficult to do so. As part of an 'easy divorce' in Thailand you will be asked to sign a certification that you have agreed on the division of assets and the custody of and access to the children.

    If you haven't come to such agreement the divorce will have to take place in the courts. I doubt such a certification would be regarded as legally binding over your UK assets but I also think that your wife will be unlikely to make a claim if you have reached an agreement.

    However, if she starts any action in the UK before or after you get divorced in Thailand - you'd better see a lawyer. Quite a lot of Thai girls think they are entitled to 50% because they have heard that through the Thai gossip channels. That is very rarely the case - especially as she's been in the UK for a relatively short time and I guess you owned the house before you married?

    There are various things that a a UK court would take into account before deciding the split if the matter was in front of them. 50/50 is very unlikely although I am mindful that you have children.

    As far as I know, any financial agreement you make upon divorce in Thailand is legally binding but only within Thailand. I doubt a Thai court has any jurisdiction over you outside the country. However, you don't actually have to register what the agreement is, you can but you can also just sign to say that you have reached agreement.

    If your wife trusts you she will probably accept that you will support the kids but she might want a lump sum or some other guarantee on that. Only you can know what she is likley to want but I'd suggest you start discussing it with her now. Try do do that without discussing the house but be, as it sounds like you are, mindful of your kids.

  3. #3
    Forum Regular สมาชิกประจำ
    Join Date
    28 Oct 2012
    Location
    Cleethorpes..the last resort.
    Posts
    883

    Default

    These things are never as easy as they seem..And as your wife not being entitled to 50 per cent..think again..She has children to bring up , she needs accomodation , and the length of the marriage has to be taken into consideration..Divorce is easy..the financial settlement is not..It is best if it is done amicably but it still needs to be done through lawyers if it is in this country . If it isn't done through lawyers she could come back in years to come to claim maintenance.And your wife could possibly stay on in this country if she so wishes because she would be the main carer of a British citizen if your child is British..

  4. #4
    Admin maokaang's Avatar
    Join Date
    10 Sep 2002
    Location
    เมืองขอนแก่น
    Posts
    9,419

    Default

    Quote Originally Posted by H.. View Post
    I would like to buy the kids a house in Thailand, which their mother can live in with them but I don't want her or her family to be able to sell / loan against the house is there some way i could put a property in trust for the kids until they are old enough to make a decision as adults?
    I'm not sure what age is required for them to be named on the title deeds, but a Usufruct agreement should secure your control over the property and prevent anyone selling it or taking out a loan on it.
    Paul พอล
    กำขี้ดีกว่ากำตด

  5. #5
    Premium Member Gary & Nok's Avatar
    Join Date
    6 Mar 2006
    Location
    Birmingham - UK
    Posts
    13,113

    Default

    Quote Originally Posted by tudorowen1 View Post
    It is best if it is done amicably but it still needs to be done through lawyers if it is in this country.
    Sorry, but I believe this is not true.
    You can do your own divorce just by submitting papers to your local council and and it gets processed through the courts, all for a fee of course, BUT, as long as all is agreed and amicable.

    Sadly at the moment in this country there are only a few reasons (grounds) allowed for getting a quick divorce.
    Adultery
    Desertion
    Unreasonable Behaviour
    Separation:-
    2 years (if both agree)
    More than 5 years (if not agreed by one party)

    Just the fact you "don't get on" is not a valid reason.

    This is just from experience of a slippery patch we had a few years ago. Glad to say we never actually jumped the final hurdle.
    Last edited by Gary & Nok; 29th Oct 2018 at 13:57.
    I'm ONE of the 52%

  6. #6
    Moderator Tobias's Avatar
    Join Date
    20 Jun 2003
    Location
    UK/USA
    Posts
    15,961
    Blog Entries
    44

    Default

    Quote Originally Posted by Gary & Nok View Post
    ...
    Just the fact you "don't get on" is not a valid reason.

    This is just from experience of a slippery patch we had a few years ago. Glad to say we never actually jumped the final hurdle.
    Not getting on is likely to come under the heading of 'unreasonable behaviour'.

    Divorce laws are currently under review, and a 'no fault' divorce is one of the aspects under review. That said, making a divorce difficult to achieve can have a positive affect.
    Tobias - โทเบียส
    If you want to know where I am, follow me on my Thailand-UK Blog.

  7. #7
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
    Join Date
    14 Apr 2003
    Location
    Pateley Bridge, North Yorkshire/ Khao Yai, Korat
    Posts
    6,636

    Default

    Quote Originally Posted by maokaang View Post
    I'm not sure what age is required for them to be named on the title deeds, but a Usufruct agreement should secure your control over the property and prevent anyone selling it or taking out a loan on it.
    As far as I remember when I took out my Usufruct, the registered owner can actually sell the property but the new owner has to honour the Usufruct. I didn't ask about loans - I think I'd better do that.

    If the OP does get a Usufruct agreement he should make sure its registered on the Chanotte at the local Land Office - if its not, its not valid.

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by tudorowen1 View Post
    And as your wife not being entitled to 50 per cent..think again..She has children to bring up , she needs accomodation , and the length of the marriage has to be taken into consideration.
    Yes but its also not as bad as some think it is. The children make a difference but if he satisfies a UK court, if that's the way he does it, that he will maintain his children, he is unlikely to lose assets that he owned before the marriage as the marriage appears to have been relatively short.

    The courts take a lot of things into consideration that many don't even consider. Children are always given priority though.

    If he gets divorced in Thailand with a financial settlement that his wife agrees to and he sticks to his promise to maintain the kids and they have reasonable housing - I would very much doubt that his wife could return at a later date and convince a UK court to go against the Thai settlement. There would be no valid reason to do so. That's an opinion but with some knowledge - I'm becoming an expert at this divorce game. I have never lost a single penny but I did maintain my kids.

    Perhaps Tobias could comment on that scenario......... if his wife returned to the UK later and tried to make a claim against his assets after a reasonable settlement had been made in Thailand that had been stuck to and he could show that his kids had been well taken care of. Would a UK court be likely to deem the Thai settlement to have been unreasonable and order a fresh settlement?

  8. #8
    Premium Member Gary & Nok's Avatar
    Join Date
    6 Mar 2006
    Location
    Birmingham - UK
    Posts
    13,113

    Default

    Quote Originally Posted by Tobias View Post
    Not getting on is likely to come under the heading of 'unreasonable behaviour'.
    You would like to think so Mr T, but in my brief experience I was told it did not and it would need to be more "unreasonable" !!!!

    Divorce laws are currently under review, and a 'no fault' divorce is one of the aspects under review. That said, making a divorce difficult to achieve can have a positive affect.
    Yes, I was watching the Parliament Channel some time ago when this subject came up in the Commons and there were quite a few, what I would call, "holier than thou" comments about this in that things should not be made easier to divorce and people should be made to work at it and sort it out.

    All very well saying this until you are the one in the situation and can see no light at the end of the tunnel and in my opinion that is when things could turn from amicable to nasty.

    I do not see any reason that "just not getting on" should not be made valid, as long as it can be shown that you have tried.
    I'm ONE of the 52%

  9. #9
    Moderator Tobias's Avatar
    Join Date
    20 Jun 2003
    Location
    UK/USA
    Posts
    15,961
    Blog Entries
    44

    Default

    Quote Originally Posted by Gary & Nok View Post
    ... I do not see any reason that "just not getting on" should not be made valid, as long as it can be shown that you have tried.
    It is, but as with all things evidential in legal matters, it is the degree of the 'not getting on' and the period of the 'not getting on' that are the relevant factors and that this behaviour means "that you cannot reasonably be expected to live with them".

    There is no one single definition, it's all about context, the circumstances of the complaint and if those circumstances mean one party cannot be expected to live with the other if they continue then a divorce will be granted.
    Tobias - โทเบียส
    If you want to know where I am, follow me on my Thailand-UK Blog.

  10. #10
    Forum Regular สมาชิกประจำ
    Join Date
    29 Oct 2011
    Posts
    984

    Default

    so sorry for you if children are involved then heartbreaking news ,such sadness all around with all parties no words can help just hope you can make a crap situation into something that makes sense good luck .

Similar Threads

  1. Divorce Advice
    By Happydays in forum Miscellaneous Legal Matters
    Replies: 67
    Last Post: 6th Jun 2013, 00:23
  2. Divorce advice (financial settlement)
    By Ally in forum Miscellaneous Legal Matters
    Replies: 24
    Last Post: 11th Mar 2013, 00:29
  3. Divorce - Advice please
    By fsh76 in forum Miscellaneous Legal Matters
    Replies: 56
    Last Post: 13th Aug 2012, 17:53
  4. Divorce Advice Needed
    By Robster in forum Miscellaneous Legal Matters
    Replies: 18
    Last Post: 16th Feb 2010, 09:47
  5. I'm going to divorce ,need some advice
    By anya in forum UK Visas
    Replies: 12
    Last Post: 23rd Sep 2009, 00:38

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •