Divorcing in Thailand after being married overseas and separated for 2 years

[bbi1]

Is it possible to get a divorce in Thailand when someone was previously married overseas when they were living in that country many years ago, being married to a person of that overseas country? The marriage wasn't registered in Thailand so in Thailand they are apparently considered single. Say that person in that country doesn't want to do the divorce, how can a Thai person in Thailand do it from here when they have been separated for 2 years?

[Andyfez]

I'm no lawyer, but I would first of all say that for many countries two years is not enough. 3-5 in many countries.

It really is down to the laws of the country you got married in (you don't say which country).

Also whether your ex-partner still resides in that country.

If neither of you live in the country you got married in, it's very difficult.

Be aware that although you consider yourself single in Thailand, the existing marriage will still be recognized for many purposes.

Edited June 4, 2019 by Andyfez

[scorecard]

One thing for sure, Thai judicial processes have no jurisdiction on this matter.

 

Why not contact the embassy of the 'other' country you are talking about and ask them where you can find specific information about this situation.

[TigerandDog]

Am in this position also. However, when I made enquiries a foreigner can only be granted a divorce in Thailand if they were married in Thailand, regardless of where the ex lives. So unfortunately you'll have to apply for your divorce in the country you were married in.  I know that for aussies you only need to be separated for 1 year and that although you are living here in Thailand you can apply for your divorce online. You don't actually need to return to Oz. perhaps there are similar setups in other farang countries too.

Edited June 4, 2019 by TigerandDog
extra information added

[connda]

2 hours ago, scorecard said:

One thing for sure, Thai judicial processes have no jurisdiction on this matter.

That's the bottom line right there - and your answer.  

[KhaoYai]

20 hours ago, bbi1 said:

The marriage wasn't registered in Thailand so in Thailand they are apparently considered single.

That is incorrect, Thailand recognises legal marriages that were conducted in most countries.

 

Your post is confusing, you are far more likley to get an answer if you give a little more detail - i.e. Who is where, who wants the divorce, where were they married?

[Captain 776]

Dont even bother........just walk away, turn the page, and move on.

 

What do you gain from going thru all the B S of divorce?

[bbi1]

18 hours ago, Andyfez said:

I'm no lawyer, but I would first of all say that for many countries two years is not enough. 3-5 in many countries.

It really is down to the laws of the country you got married in (you don't say which country).

Also whether your ex-partner still resides in that country.

If neither of you live in the country you got married in, it's very difficult.

Be aware that although you consider yourself single in Thailand, the existing marriage will still be recognized for many purposes.

Country of marriage was in Mexico. Thai woman married to a Mexican man in Mexico. Mexican man still lives in Mexico. Thai woman moved back to Thailand a couple of years ago.

[Andyfez]

If you want a clear divorce you should either visit the Mexican consulate (if there is one) or email a Mexican lawyer.
It looks on the surface like Mexican divorced are quite easy.

Sent from my JKM-LX2 using Thaivisa Connect mobile app

[thaibeachlovers]

On ‎6‎/‎4‎/‎2019 at 6:31 PM, Andyfez said:

I'm no lawyer, but I would first of all say that for many countries two years is not enough. 3-5 in many countries.

It really is down to the laws of the country you got married in (you don't say which country).

Also whether your ex-partner still resides in that country.

If neither of you live in the country you got married in, it's very difficult.

Be aware that although you consider yourself single in Thailand, the existing marriage will still be recognized for many purposes.

I think the only significant problem would be if s/he wanted to get married again in Thailand.

 

I'd say they'd have to get divorced in the country married in.

[bbi1]

On 6/5/2019 at 7:46 AM, Andyfez said:

If you want a clear divorce you should either visit the Mexican consulate (if there is one) or email a Mexican lawyer.
It looks on the surface like Mexican divorced are quite easy.

Sent from my JKM-LX2 using Thaivisa Connect mobile app
 

The consulate said that it can only be done in Mexico. Seems strange when Western countries allow it's own citizens to divorce in their Western country, doesn't matter which country in the world you get married in.

[Andyfez]

Then email a Mexican lawyer in Mexico?

Sent from my JKM-LX2 using Thaivisa Connect mobile app

[happylarry]

Ok bbi1, here are the facts mate......

I just checked with my wife and your Thai friend can divorce over here.

Assuming she has the marriage certificate from Mexico then she has to make a copy and take both to the Mexican Embassy and get them to stamp the copy as a true copy. Then it needs translating into Thai and taking to the Ministry of Foreign Affairs in Bangkok to be stamped and legalised as a true copy. Then take all to the Amphur and register the marriage. Once that is all done she can then start the court process for divorce citing abandonment by the husband. (As they have only been seperated for two years.)

Hope this helps.

HL

[hanuman2543]

On 6/4/2019 at 11:32 AM, TigerandDog said:

a foreigner can only be granted a divorce in Thailand if they were married in Thailand, regardless of where the ex lives. So unfortunately you'll have to apply for your divorce in the country you were married in.  I 

This is not true. I married my ex-wife in Denmark and divorced her here in Thailand.  Our marriage was registered here.

 

Edited June 17, 2019 by hanuman2543