News & Insights

Divorce and custody: A British expat's journey to justice in Thailand

In the intricate legal proceedings with family courts, where complexities intertwine with personal hardships, the role of a trusted attorney becomes paramount. Our recent success story involving a British client exemplifies the necessity of placing unwavering trust in your attorney's judgement. This case, involving divorce, asset division, and child custody against a backdrop of sensitive issues, demonstrates the significance of expert legal guidance in proceeding with a divorce in Thailand.

Our legal team handled a complex case for a British client living in the south of Thailand last year, involving issues of divorce, marital asset division, and child custody. The case presented several unique challenges due to the nature of the marriage and the involvement of sensitive issues such as alcoholism, drug addiction, and gambling problems.

The client, a British national, was married to a Thai citizen. They married in Thailand and resided in the south of Thailand within an expatriate community. Together, they had two children. The husband's work required frequent travel, leaving his wife responsible for the children. However, the wife's struggle with alcoholism became apparent as she regularly drank and left the children in the care of a maid until the early morning hours. This occurred many times, and our client was only made aware after the maid informed him.

Upon further investigation, our client also discovered his wife's drug addiction and gambling problems. Knowing that the relationship with his wife could not be saved and thinking about his children’s future, he contacted us. Our team advised the client that these circumstances were grounds for divorce and presented a strong case for 100% custody of the children.

Complicating the issue further, our client had previously purchased a luxury house worth US$1 million under his wife's name. When the wife expressed a sudden desire to sell the property and relocate with the children, our client contacted us to prevent the sale and initiate divorce proceedings.

Given the urgency of the situation, our team filed for divorce and submitted an emergency request for an injunction to prevent the sale of the house simultaneously. With sufficient evidence against the wife, particularly her addiction and gambling habits which affected the family, the court granted our request, ensuring the property remained intact during legal proceedings.

The wife, represented by a lawyer she hired, attempted to negotiate with our team, presenting an offer which included monthly spousal alimony and 100% child custody. Despite these proposals, we advised our client to proceed to a full trial, as our grounds against the wife were strong enough to ensure his win in this case. Over several months of court proceedings, our legal team presented a robust case against the wife.

Finally, after 9 months of court proceedings, the court ruled in favor of our client, granting a divorce and awarding 100% custody of the children. The assets, including the luxury house, were to be auctioned by the Legal Execution Department, with the proceeds divided equally between our client and his ex-wife.

As per our recent communication with our client, the children are still residing with him and are happy and stable. This is one of the cases that our team is proud to share, as the experience we have gathered from such a sensitive case proves our commitment to providing effective legal representation. Juslaws ensured that our legal strategies would achieve favorable results for our client, prioritizing his goal to have 100% custody over his children.

For more information on child custody see: Thailand Family Law