Rules for Thai Divorce

[restart67]

Hi all

 

I have a quick question. My wife and I have separated and she is seeking a divorce. We live abroad and she has a residency card. I was told she returning back to Thailand for a short trip, 4 days. Can she legally divorce me while she is there alone or do the two of us have to sign a divorce certificate together?

 

Any ideas?

 

[Preacher]

Divorce in Thailand is easy if you both agree, just sign some paperwork at the amphur and return the marriage certificates, but you do have to show up in person although it could be at two different amphurs.

 

Not sure if a certified power of attorney by the Thai embassy will work, as you would have to get it from the Thai embassy or general consulate in your country. (A divorce at an embassy is often not recognized by other countries). 

 

 

[restart67]

Thanks.

 

She's the one seeking the divorce and I'm worried that she's heading back to Thailand to divorce alone. I was under the impressions BOTH parties have to be present to sign the certificate, not just one and the witnesses.

 

 

[happylarry]

Yes, both parties have to be present for an amphur divorce. You can divorce alone but through the courts if you can prove abandonment or over three years seperation but cant be done in four days.....lol

HL

[restart67]

Well, that's a bit of relief. 

 

If the courts allow a divorce after abandonment, does it still need to be registered at an Amphor office or is the judgement the final document?

 

My wife divorced her first husband and there were only 3 signatures on the back of the certificate. Wonder how that happened...

[happylarry]

1 hour ago, restart67 said:

Well, that's a bit of relief. 

 

If the courts allow a divorce after abandonment, does it still need to be registered at an Amphor office or is the judgement the final document?

 

My wife divorced her first husband and there were only 3 signatures on the back of the certificate. Wonder how that happened...

Well who knows what a handfull of banknotes can bring forth, this is Thailand after all.....lol 

To answer your first question, if the court grants a divorce then they give you the judgement paper and you then go to the amphur armed with that and get your divorce.

HL

[Preacher]

The judgement means that you are divorced, but until you register a divorce at the amphur with the court papers others will not know of the divorce and can legally assume you are still married. That is mostly important related to debts for which both can be hold responsible.

[blackcab]

She could have started the divorce a while back without you knowing. She just has to (falsely) state you abandoned her.

 

During her 4 day vacation she goes to Court for the final judgement, gets the papers and registers them at the Amphur.

 

Job done, and you will not be there to argue.

[restart67]

21 hours ago, blackcab said:

She could have started the divorce a while back without you knowing. She just has to (falsely) state you abandoned her.

 

During her 4 day vacation she goes to Court for the final judgement, gets the papers and registers them at the Amphur.

 

Job done, and you will not be there to argue.

I thought the abandonment law had to be 3 years or more? We've been separated only a few months and she's still here in my country.

[blackcab]

15 minutes ago, restart67 said:

I thought the abandonment law had to be 3 years or more? We've been separated only a few months and she's still here in my country.

 

You are completely correct, which is why I said she had to falsely claim it.

 

Assuming this happened, if you're not there to tell your side of the story then who is going to challenge her account of what did and didn't happen?

[restart67]

On 9/12/2017 at 9:22 PM, Preacher said:

Divorce in Thailand is easy if you both agree, just sign some paperwork at the amphur and return the marriage certificates, but you do have to show up in person although it could be at two different amphurs.

 

Not sure if a certified power of attorney by the Thai embassy will work, as you would have to get it from the Thai embassy or general consulate in your country. (A divorce at an embassy is often not recognized by other countries). 

 

 

Interesting comment about "At two different Amphors" Would the official divorce certificate need to include both parties signature or would one signature suffice on one divorce certificate and the other on another one?

[Preacher]

I know it is possible, but not sure how they go about it.

 

Probably one of the amphurs wittnesses the signature and it is send to the other amphur, where the official divorce takes place and is registered.

[thaibeachlovers]

On ‎9‎/‎13‎/‎2017 at 11:41 AM, restart67 said:

Thanks.

 

She's the one seeking the divorce and I'm worried that she's heading back to Thailand to divorce alone. I was under the impressions BOTH parties have to be present to sign the certificate, not just one and the witnesses.

 

 

That applies only to an uncontested divorce. She can apply to the court for a divorce without you being present, but takes years and lawyers and money etc.