Posted by
inch720
14 yrs ago
I have been separated for almost 2 years, hubby is living in Bangkok with another woman but is delaying sorting out our divorce. Being the conscientious person that i am,i agreed to do joint-filing to keep the peace and avoid lengthy and bloody divorce battles. He keeps saying nobody needs to know we are not divorced and that he will look after us. He is moving on, while we are living at his mercy. I heard Bkk is the one place where International divorce laws are not being observed. Is that true? Can anyone recommend a good, affordable lawyer who can helpout? Is it possible to make him shoulder all my legal fees?
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There is no such thing as a peaceful or quick and battleless divorce. Given the international nature of your lives, you might want to ensure that you FILE IN HK if you know that BKK is one of the places where internatinal divorce laws are not being observed. From my own personal divorce battle (starter marriage), I know that whoever files for divorce in whichever country has priority over rulings and outcomes. If you are dependent entirely on him, you could. You can file for the divorce yourself then get a lawyer.
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Firstly, there is no such thing as 'international divorce laws'; every jurisdiction has its own legal norms.
Secondly, you said you and your husband have agreed to file a joint petition. Have you filed any of the paperwork for this in HK? I am guessing you haven't because both parties need to be present to get the ball rolling on the joint petition.
I would recommend taking this route instead of retaining a solicitor specializing in family law; the phrase 'good, affordable lawyer' is practically an oxymoron. If you want to make your husband shoulder all of your legal fees you may succeed but it will likely be a Pyrrhic victory. The best route would be to ask him to come to HK and file the paperwork for a joint petition. You will need to produce a marriage certificate and declare that you have been living separately for at least a year.
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Dear Familyofthree and Dansande,
Thank you for your advise. Will do my best to work on it.
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Yes, I agree with Dansande. There is no 'international divorce laws'. But the civil courts where the divorce takes place especially if parties are residing and filing in two different countries will take into account which party filed first in which country. And THIS was taken into consideration in my divorce. Even the conditions attached to the divorce was dependent on it. So, in my case, because the divorce was granted in Australia first, filed first in Austalia, the civil court in the other country (European) had to uphold the ruling e.g. division of property, child support, spousal maintenance, ... solely based on the fact that the divorce was first filed in Australia and the other filing was done in retaliation (in the hope of getting better terms/outcomes). So the other party's divorce petition was overturned and made to comply with the terms set by Australia.
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Sorry to hijack this topic but can someone tell me how to create one of these threads? I need some advice re my former landlord, and I can't seem to find how to start a thread. Thanks in advance
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