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Thai National Divorced in Europe - What documents needed for Thai Legal System.


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Posted

Good day,

A Thai friend who has recently returned to Thailand is getting a divorce from her husband in Europe. Her lawyer there is asking her what Seals etc, are required for the documents to be accepted by the Thai legal system for a name change back to her family name on her Passport, Drivers License and similar.

I am thinking a properly executed Final Divorce Decree from another country  (with relevant stamps etc), and then having the Final Decree translated into Thai from the original German-language should be acceptable.

 

Does anyone have any experience with this type of situation, and advice on what she should to do?

Thanks for the assistance.

Cheers

 

Posted

I have talked with my wife and basically you are correct with what you suggest with a couple of additions.

The divorce certificate will need to be certified as genuine by the German Embassy in Bangkok, then translated and then stamped by the MFA (ministry of foreign affairs) in Bangkok. 

Then she will be good to go.

HL

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Posted

If yoy are married under thai law or in the case that you forgot to make the choice of right and you stay longer then 10 years in a county automatically the law of the country applies on the marriage.

 

Under Rhai law you need to be sure that the reasons for devorce comply with the thai law.

There are some ampurs that not accept if the reason if the 3 resons of devorce not comply to the thai law.

 

It is easy to asked the foreign judge to add them in the ruling.

You have to choose form 10 points that are valid and 3 of them are needed.

Stupid if you forgot them.

 

 

Of course you have to legalize the court order and translated if needed.

Posted
5 hours ago, Autonuaq said:

If yoy are married under thai law or in the case that you forgot to make the choice of right and you stay longer then 10 years in a county automatically the law of the country applies on the marriage.

 

Under Rhai law you need to be sure that the reasons for devorce comply with the thai law.

There are some ampurs that not accept if the reason if the 3 resons of devorce not comply to the thai law.

 

It is easy to asked the foreign judge to add them in the ruling.

You have to choose form 10 points that are valid and 3 of them are needed.

Stupid if you forgot them.

 

 

Of course you have to legalize the court order and translated if needed.

Besides the fact that they are already divorced your answer is totally incorrect. Under Thai law you do not need a reason to divorce at the amphur, which is always by mutual consent. If there isn't mutual consent you need to go to court and than you need a valid reason that is mentioned in the law. There are more than 3 reasons to divorce and you need only establish 1 of these grounds for divorce.

 

Since they already are divorced they only have to proof they are divorced in the way happy larry provided for the divorced to be entered into the Thai marriage register. 

Posted

" a name change back to her family name on her Passport, Drivers License and similar."

 

There is a procedure for changing the name, my wife did it recently to her married name after nearly 10 years of marriage. It is done at the amphur and they will issue a certificate with the new name, once you have that, housebook, passport etc are straightforword. I would suspect that any Thai national could change their name to that shown on their birth certificate without a problem, but that is what would need to be clarified. The divorce could well be a separate issue.

Posted
On 8/12/2018 at 9:02 PM, happylarry said:

I have talked with my wife and basically you are correct with what you suggest with a couple of additions.

The divorce certificate will need to be certified as genuine by the German Embassy in Bangkok, then translated and then stamped by the MFA (ministry of foreign affairs) in Bangkok. 

Then she will be good to go.

HL

Thank you for the advice, this sounds reasonable and I will forward her the information.

thanks!

Posted
On 8/14/2018 at 8:36 AM, sandyf said:

" a name change back to her family name on her Passport, Drivers License and similar."

 

There is a procedure for changing the name, my wife did it recently to her married name after nearly 10 years of marriage. It is done at the amphur and they will issue a certificate with the new name, once you have that, housebook, passport etc are straightforword. I would suspect that any Thai national could change their name to that shown on their birth certificate without a problem, but that is what would need to be clarified. The divorce could well be a separate issue.

Thanks, it seems the post #2 is a place to start. I will forward her the information. 

Cheers

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