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Clare, Solicitor
Category: Law
Satisfied Customers: 33030
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My situation I have been married years since May 2010 to a

Resolved Question:

My situation
I have been married for 6 years since May 2010 to a Thai woman, in her own country she is a doctor. She came to live in UK in late 2009 she now has British citizenship. 3 and a half years ago we had a son.
I am coming up to retirement next March being 64 now, she has 20 years’ work still if she wants to. She never worked permanently whilst with me, only very briefly part time. I paid her mortgage each month which was £800 from November 2009, which also included making provision for her dad as he does not work. Last year I paid £40000 to close her mortgage so she owns the house outright in her name. It is worth perhaps equivalent in this country £400,000 but over there 6 million Thai bhats about £120,000 I have evidence of these payments as I used an agent to transfer the money. I also last year deposited £10000 in her Thai bank for investment for my son and I bought her a Rolex worth £7000. She has Thai wedding jewellery of £4000
I have a mortgage of £153,000 in UK started just before my wife came to England to live prior to marrying. It is interest free only and in 5 years’ time when I am 70 I have to pay it back. I bought the house depositing £200,000 of my own money. The house is worth about 400,000, I also have in various areas (gold, ISSA, shares) some £70,000 and debts of around £8500 in cards and loans. I have an intention of paying off £40,000 of my mortgage and clearing my debts leaving me with £22,000
My wife recently estranged from me and has gone back to Thailand with my son. We discussed a divorce on grounds of incompatibility. I have since she left agreed to pay her £1000 per month. She could earn around £2000 working as a GP which is equivalent to about £4000 in UK, but is half way through an on line GDL.
When she left she said I will not rip u off if you support me. A day or so back her tune changed and she said I will rip u off, I have that in writing, saying I want what my share of the marriage could get, half of all you have.
So here are three questions :
1. On divorce and financial settlement would the judge expect me to sell my house and give her half ? It would mean about £290,000 split 2 ways, meaning I would be hard pressed to buy anything in London, and perhaps become homeless, she would sit pretty in her own house high end in Bangkok which I paid for. I did also read somewhere that in the cases of these foreign wife divorces and assets you had prior to the marriage they cannot touch.
2. At the moment I am out of my goodwill supporting her and my son. What will happen when I retire, with bills of perhaps £1200 to £1400 per month with a pension of perhaps £1800. Would I be expected to pay maintenance as my wife can easily revert to working as a GP and earning £2000 a month is a small fortune in Thailand.
3. She has assets of £21000 taking the gold and Rolex into consideration I have £22,000, but she might argue I now put the £10000 in my son’s name, would I have to give her half of my £20,000.
Thank you in advance.
Submitted: 4 months ago.
Category: Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How much would a one bedroom property in the same general area cost to buy?

Customer: replied 4 months ago.
I sold my one bedroom flat 2 years ago to buy my current property for £208,000, so a one bedroom house would perhaps be a in that region of 200,000.
Expert:  Clare replied 4 months ago.

Thank you

1. The Court will look at all the assets her and abroad. Since there are enough funds to ensure that you are both adequately housed - so whilst you may be

ordered to sell the house you will certainly be left with enough to purchase an alternative property

2. You are required to pay Child Maintenance at 12% of your gross income. There may also be a limited liability for spouse maintenance for a period to allow her to find a job.

3. It is unlikely that the minor savings will have to be divided.

Please ask if you need further details

Customer: replied 4 months ago.
thanks for ur reply, are u saying that both properties will have to be sold mine and hers ? And then the joint money divided ? That would temporarily place my son homeless ?
Expert:  Clare replied 4 months ago.

I am sorry I did not make myself clear.

The total assets are roughly £450,000

Whilst the starting point for division is 50/50 the fact that you brought almost all the capital to the relationship means that you can argue strongly that you should

certainly retain sufficient to rehouse yourself plus a little more - so she would keep her house and her savings and you woddl have to pay her a limited lump sum

Customer: replied 4 months ago.
Thanks, ***** ***** brought nothing in respect to capital. The quite sad thing is most of the capital I have is from an inheritance from my uncle 2 years ago, I quite rue the day I allowed this as I know a number of English friends that have gone though or know others going through exactly this process with Thai wives now left. So just to be crystal clear u are saying 6 years of marriage allows her to get in theory, half my assets. So she lives in Thailand in a house I bought worth equivalent perhaps 400,000 and I am forced to sell my house, and downsize to a 1 bedroom flat.
Expert:  Clare replied 4 months ago.

In fact I do NOT think she will get 50% of the assets - I would hope that a 65/35 split in your favour is possible.

It is not the length of the marriage - it is the existence of the child that is relevant

Customer: replied 4 months ago.
OK thanks for your help. Have a good evening. Tom
Expert:  Clare replied 4 months ago.

You are most welcome

Clare, Solicitor
Category: Law
Satisfied Customers: 33030
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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