Divorce of Non-Thai nationals in Thailand

[bfc1980]

Hi All,

 

I posted a few (3) years ago that my wife and I were having problems and may need a divorce. Well, despite marriage therapy, it's finally happened and we've been separated for the past 8 to 9 months. However, divorcing in her country is now quite complicated because of Covid and could take a number of years. These' are our circumstances.

 

We're both non-Thai (I'm British) she's from an EU country. Married in her country (2013). Marriage was never registered here in Thailand or the UK. We have 2 children and have lived here for 8 years. We have agreed on custody and overnight stays at my house along with child support (which is more extortion so she will agree to stay in Thailand). We both have good jobs here so alimony/spousal support isn't required. Assets have already been divided.

 

1) As I understand, because the marriage isn't registered here in Thailand, it will have to be a 'contested divorce' which is a it more complicated.

Is it therefore possible to register to the marriage now and then get divorced (uncontested) a month or so later?

 

2) If number 1 isn't possible, does the fact that we've lived here for an extended period of time make it easier to go through the process of a contested divorce?

 

Thanks a lot for your help

 

 

[happylarry]

In order to get a divorce at an Amphur in Thailand you need to be married in Thailand so your only option is to go to court. The only way to register will be to get married again which of course you cannot do.

So one of you will need to sue the other but to do that you need to either sue for seperation which needs you to be seperated for at least three years or for abandonment which needs to be for one year.

The fact that you have been here for eight years should make things a bit easier but you still have to go through the whole process regardless.

 

 

Edited April 11, 2021 by happylarry

[kensawadee]

DON'T WASTE your time here on Thaivisa forum.  Go and get the real facts from a Thai Attorney (maybe 2-3 Thai Attornys)

I've been married to 2 Thai ladies, both in the USA. I divorced 1 in Thailand after marriage in the USA. NO PROBLEM using an attorney in Thailand... This is Important stuff. DON'T go by what you find on this forum....

MOST Thai attorneys don't charge anything for 'first consult'   ASK 2 or 3 Attornies if no fee.

I have been married 4 times, Two times Thai. I have divorce experience........... TALK TO A THAI ATTORNY (or 3)....... 

My first Thai wife (really number 3 for me after two USA wives) was from a 'Patpong' Bangkok, Bar.... She should have been born as a 'SHARK', she cost me $220,000 USD When I tried to help her more later, AFTER our divorce trying to be a nice guy and help her, when I really didn't need to.......My loss and MY stupidity, and a lesson learned...

Number 4 Thai wife is a 'Keeper'......... #4 and I are 28 years TOGETHER now and I 'joke' with her that 'SHE IS THE WINNER'.

But My message to you is .... TALK TO A THAI ATTORNEY...... Otten NO COST first visit...... GET THE REAL FACTS.....

Edited April 12, 2021 by kensawadee
correct spelling

[woofwoof]

GOOD ADVICE KENSAWADEE !

[Sterling]

If you both agree to the divorce and can agree to the terms of who gets what, Guam is a popular divorce destination as it only requires 7 days of "residency" to file for divorce there.

I have a friend who talked with a lawyer in Guam beforehand to schedule everything and he flew there, met with the lawyer the next day (day 1) to sign paperwork, then spent the next 6 days on vacation there. On day 8, the lawyer filed the paperwork and he was able to leave. Divorce granted a short time later.

This was with a house in Thailand and 2 kids.

 

You might want to contact a few Guam lawyers to make sure they can do it with you being British and she being from an EU country and what paperwork they'd require.

[AgMech Cowboy]

@kensawadee Hum, 28 yrs ago. Good on you both. I don't suppose you remember any attorneys that you could recommend...  Cheers!!!

Edited April 12, 2021 by AgMech Cowboy

[Gabriel1]

BFC, I am in a similar situation.  My lawyer recommended that we file in property court, since the home was bought before the wedding and  I was the sole funder of the home.  Thai civil code recognizes ownership based on investment level.  Well we went to court, and my Thai wife flew in to thailand from the USA, to testify.  Sometime the cards of fate are just not on your side.  The assigned property court judge was on vacation and the substitute judge was from family court.  After my Thai wife did a great theartic with plenty of tear by walking straight up to the judge as soon as he sat down, I was immediately at a disadvantage.  However, as soon as she left I engaged the judge and he spoke perfect english and went to school in Washington DC.  We got along quite well and realized we both got married at the same 5 star hotel.  He advised me to cancel the property court hearing and he would refund my filing fees, a huge amount.  He recommended, not once, not twice, ..., that I refile in family court, and reschedule court date.  I would normally climb into his head, but i had waited 7 years for this day and my lawyer assured my that precedent had already be set in this type of case.  In the final judgement, the judge found that I had indeed funded the home, but, but, but, we as a married couple had rights and responsibilities to each other.  So, I am still waiting to have my attorney file my case in family court, but alas corvid has tested the intelligence of the Thai government, like most others, and everything is a mess. 

 

What I have learned.  Finding a competent lawyer in Bangkok in almost impossible.  Pretenders are rampant in the legal circles.  Sometime after the first case  I spent 3 months in Bangkok trying to find an attorney and was not successful.  First of all, all the large glossy ad legal firms want big bucks up front and won't even product a work plan on which the financial demands are based.  One firm insisted my case was not a divorce, but planned to use a supreme court ruling to win.  I dug into the weeds and  the details of that case were entirely different than mine.  So that one would have been lost. I found an American fellow claiming to be an attorney advertising himself on YouTube.  We set up a 1 hour session for a set price. I asked him some question on the filing fees.  He gave me the wrong answer.  Next day he asked for $3000 with no work plan.  Another time a fellow contact me after a post and said his wife was an attorney.  She turned out to be either a paralegal or a in law school working with an attorney and wanted a bunch of money.  Luckily a fellow warned me that the had a bad experience with this couple an it cost in a significant sum in additional sundry charges.  I checked around re attorneys and decided to say with mine.  He wants a significant sum if we win, and I am okay with that.  You produce results and you get paid.  Related to court hearings there are only two out comes and there is no way to verify on which side of the won, loss ledger your lawyer typically lands on.  When you go to court you roll the dice.

 

Next, after the first case, I did a 6 month analysis of the marriage I had been in that found that in fact I had never been married.  However, traditionally Thai courts, in similar cases give all the assets to the woman.  Well this year, a new precedent was set.  That precedent recognizes something called a common law marriage, and now men get half of the assets.  I will stop here. 

 

Someone mentioned that they were married in another country and were divorced here.  Why would you think that is not possible.  You are a resident here and so is she.  You both agree to file the case here and that gives the court jurisdiction over the case.  I checked USA law, and some states will recognize a divorce from another country and some will not. A key point related to where they do accept the divorce is was it contested.  The rest of the world will most likely accept the Thai divorce.  Your property is already settled and the court will probably accept your decisions.  The process as explained to me is as follows: 1. file the case. 2. Court date set.  3. Mediation hearing will occur on the court set date.  In your case your are done.  4. If necessary, a formal hearing will be conducted the next day and the final judgement delivered.  Court will sell any home owned if the foreigner is deemed owner or is awarded sums of money the other party can not supply.  Game over.  Easy if you can find an competent and trustworthy attorney.  I will give you my attorneys name if you want it.  However,  I would rather not do that with a post.

 

Edited April 12, 2021 by Gabriel1