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Nov 18, 2008
THAKSIN AND WIFE SPLIT
Divorce a tactical move?
It could be bid to win sympathy, or ex-PM's plan to shield family if he attacks political foes
By Nirmal Ghosh
BANGKOK: Speculation is swirling in the Thai capital over former premier Thaksin Shinawatra's divorce last week from Khunying Pojaman, his wife of 32 years.

The announcement by Thaksin, made over a dinner with friends in Hong Kong, apparently stunned those present, who included loyalists Yongyuth Tiyapairat and Jakrapob Penkair, among others.

Under Thai law, a divorce can be granted on the spot if a couple can present themselves to the civil authorities with their documents, and state that they wish to divorce and that their affairs have been settled amicably. A divorce goes before a court only if there is disagreement.

A couple married in Thailand must also divorce there. Thaksin and Pojaman got their divorce at the Thai Consulate in Hong Kong, which may be considered Thai territory.

Under Thai law, all marital property is divided equally, but personal property remains owned by the individuals. That Thaksin and Pojaman got the divorce immediately implies that there was no disagreement over assets.

Speculation now centres on whether the divorce was genuine or tactical, given that both have been convicted and sentenced to jail terms in Thailand.

Thaksin continues to cast a long and divisive political shadow over his home country, and it is unlikely that the divorce will affect the couple's legal battles in Thailand.

Mr Pongthep Thepkanchana, a former justice minister and now spokesman for Thaksin, told reporters last week that the divorce 'will not affect their status in any of the court cases they face'.

And Mr Thaworn Senniem, a legal expert for the opposition Democrat Party, said it would not benefit Thaksin in recovering the 76 billion baht (S$3.3 billion) worth of the couple's assets frozen by Thai courts after the military seized power in September 2006 and installed an appointed government, which ran the country until elections in December last year.

'The divorce cannot attribute the money to any one side - it is still jointly owned, and they would both need to prove how the money was earned. I think it is purely a personal decision,' he said.

Much of the frozen assets are said to be in Pojaman's name. The implications of a divorce on these assets - if the couple are able to recover them - are unclear.

There are, however, some signs that point to a tactical divorce.

The divorce may increase the sympathy factor for Thaksin, who in his last telephone and video address to supporters on Nov 1 had played to the gallery, saying he was growing old in exile and unwelcome in his own country.

There are also practical reasons for the divorce. Legal disengagement would make it easier for Pojaman to travel with the couple's two daughters, without the liability of Thaksin's political role.

And the former Thai prime minister plans to go on the attack now and does not wish his former wife and children to be in the firing line. He has often cited investigations of his children's tax affairs as unfair.

Last week, Thaksin said he would fight back against his political enemies.

The ousted premier, who is now in Dubai seeking a new home after his British visa was revoked, may address supporters in Thailand by telephone at an event in Bangkok next month. And Pojaman wants to distance herself from Thaksin as he prepares to take his gloves off.

'Legally, it is the best way forward; do not read it too cynically,' a Thai source close to Thaksin's inner circle told The Straits Times.

Certainly as far as the couple's assets are concerned, more protracted legal battles lie ahead, said a top Thai lawyer, who asked not to be named.

'Essentially the divorce is immaterial to the ongoing cases, and under Thai law, matrimonial assets must be split 50:50, if they agree,' he said.

Given Pojaman's historic role in Thaksin's rise, it is unlikely that their alliance will end with the divorce.

nirmal@sph.com.sg

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