Example of agreement for a simple divorce, mutual consent.

[Steven55]

Hi Guys,

A neighbor of mine, legally married, wants to divorce (after being married for less than half a year).
No kids, no house, no car. She already got (took) lots of money of him, she can't claim any more. 
Actually, in case they go to court, he could claim quite an interesting amount of money back. But he doesn't want to spend time and have any more stress.
And lawyers in Thailand are charging up to 5000 baht/hour.

Anyone got (or knows where to download) an example of a divorce agreement with mutual consent? Preferably each paragraph in Thai and next in English.
It may also be in Thai, google and a bit of help of another Thai will do the job, I guess.

Cheers and thanks!

 

Steven
 

[Excel]

51 minutes ago, Steven55 said:

Actually, in case they go to court, he could claim quite an interesting amount of money back

Really ? Unless she physically stole it, which is not the case I suspect, as opposed to him giving it to her, then good luck with that. After only 6 months of marriage any court case would be interesting.

[Steven55]

52 minutes ago, Excel said:

Really ? Unless she physically stole it, which is not the case I suspect, as opposed to him giving it to her, then good luck with that. After only 6 months of marriage any court case would be interesting.

No 50-50 split of what was brought (and not spent) in for the period the marriage lasted?
But pls: the main question is: example of divorce agreement.

[jastheace]

wonder legal website. have form templates. they are in thai, but you can get them translated, then sign both with witnesses. 

if needed i can get mine out to see what it actually says, but it goes along the lines of

'Memorandum of Understanding'. 

can be edited to suit needs, IE, where the divorce will take place, timeframe,  remove the part about children etc...

however, easiest thing to do is to return to the district office where the marriage was registered, and register divorce there, 20-30 minutes and 50 Baht, done.

i think the online form costs around 300 B and converts to PDF once yr happy with it.

[KIngsofisaan]

How many people on this forum are smart enough to move to Thailand, smart enough to get married, not so smart to get divorced (6 months) and have no idea how to use the internet to look up things for themselves?

 

 

[ThailandRyan]

Do not need a template or an agreement.  Both parties go to the Amphur where they married, talk to the head guy, sign the back of the original marriage certificates indicating no items to change hands and sign another form, Takes about 30 minutes, well it did for me in Udon Thani, and I received a Certificate indicating divorced, and so did she.  If it is not mutual and contested and they both can not go to the local amphur, then it will need lawyers and a court date.  If he has a house with her that he built, it will need to be sold and the proceeds split 50/50 unless he is giving it to her.  If she does not want the house then he has one year to sell it and move....If it is a condo in his name, well then it is his and not hers.

[ThailandRyan]

4 minutes ago, KIngsofisaan said:

How many people on this forum are smart enough to move to Thailand, smart enough to get married, not so smart to get divorced (6 months) and have no idea how to use the internet to look up things for themselves?

 

 

Why are you always so condescending.  People turn to forums such as this because it has many resources including people who have gone and done what they are trying to do. Just like the Extension of stay questions or 90 day report issues.  If you can not give info and need to berate people then maybe just not post.

[kidneyw]

In Pattaya it was easy. Just went to the Amphur together, where we initially got married. Saw the head honcho and he asked me a couple of times if I was sure. The misses was flashing gold and I was flashing nothing. Told him yes and the divorce paper was signed and a couple of certificates were given to us.

No lawyer required, so no extra expense incurred.

[Excel]

1 hour ago, ThailandRyan said:

Do not need a template or an agreement.  Both parties go to the Amphur where they married, talk to the head guy, sign the back of the original marriage certificates indicating no items to change hands and sign another form, Takes about 30 minutes, well it did for me in Udon Thani, and I received a Certificate indicating divorced, and so did she.  If it is not mutual and contested and they both can not go to the local amphur, then it will need lawyers and a court date.  If he has a house with her that he built, it will need to be sold and the proceeds split 50/50 unless he is giving it to her.  If she does not want the house then he has one year to sell it and move....If it is a condo in his name, well then it is his and not hers.

100% spot on TR

[ThailandRyan]

1 minute ago, Excel said:

100% spot on TR

As long as both agree, it is done and dusted, took my ex-wife longer as she had to change her name back, then her ID card, then do a new passport, and then that caused her issues when she returned to the US as her green card did not match her passport.....sucked for her, but then not my problem....lol

[Steven55]

On 8/22/2022 at 6:07 PM, jastheace said:

wonder legal website. have form templates. they are in thai, but you can get them translated, then sign both with witnesses. 

if needed i can get mine out to see what it actually says, but it goes along the lines of

'Memorandum of Understanding'. 

can be edited to suit needs, IE, where the divorce will take place, timeframe,  remove the part about children etc...

however, easiest thing to do is to return to the district office where the marriage was registered, and register divorce there, 20-30 minutes and 50 Baht, done.

i think the online form costs around 300 B and converts to PDF once yr happy with it.

He will do that. Does he need to bring witnesses? Translator?

[HappyExpat57]

As per Steve Martin, it's saying "I break with thee" three times then throw dog poop on her shoes. Done and dusted.

[ChaiyaTH]

If you wanna make a contract like this, in Thailand, let alone enforce it later on (a lot of time and costs), the 5-10K a lawyer would charge you would be well worth it.

 

Else you might as well make a pinky promise and still have general existing laws. You would make mistakes in a free fabricated contract, you rely on, to then find out those mistakes make you lose, when you need it. 

Edited August 26, 2022 by ChaiyaTH

[jastheace]

On 8/26/2022 at 8:59 AM, Steven55 said:

He will do that. Does he need to bring witnesses? Translator?

2 witnesses needed. can be anyone. but best to get copies of their ID if they are not part of a recognised profession. IE legal or official government office. not a translator as such, but a certified translation of the documents, which should be signed at the same time (not required really, but just to keep it 'watertight' so to speak.)

witnesses may need or expect to be 'tipped' for their service, polite to comply.

as has been mentioned previously, would be a lot less complicated if they met in the same office as marriage registration and did the divorce there....

[thaibeachlovers]

On 8/22/2022 at 3:48 PM, Steven55 said:

No 50-50 split of what was brought (and not spent) in for the period the marriage lasted?
But pls: the main question is: example of divorce agreement.

The neighbour can go himself to the amphur office and obtain a copy of the divorce agreement and take it to a translator to see what's on it.

He can also ask what they require for the procedure, as the office he uses will likely have different requirements as to other offices. That's what I did.

[thaibeachlovers]

On 8/30/2022 at 2:42 AM, jastheace said:

2 witnesses needed. can be anyone. but best to get copies of their ID if they are not part of a recognised profession. IE legal or official government office. not a translator as such, but a certified translation of the documents, which should be signed at the same time (not required really, but just to keep it 'watertight' so to speak.)

witnesses may need or expect to be 'tipped' for their service, polite to comply.

as has been mentioned previously, would be a lot less complicated if they met in the same office as marriage registration and did the divorce there....

That is NOT correct for EVERY office. I required NO witnesses of my own- the office staff did it for us. I did NOT have to "tip" them.

I had no translation of the documents, certified or otherwise.

It is NOT always less complicated to do it in the same office as married in. I was married in Pattaya and divorced in Lamphun without any problems.

 

One should always go to the office where the procedure will be carried out and ask THEM what they require.

[thaibeachlovers]

On 8/26/2022 at 7:59 PM, Steven55 said:

He will do that. Does he need to bring witnesses? Translator?

The only people that can answer that will be the staff at the office where the divorce will be carried out.

Different offices= different requirements.

[thaibeachlovers]

On 8/23/2022 at 12:09 AM, kidneyw said:

In Pattaya it was easy. Just went to the Amphur together, where we initially got married. Saw the head honcho and he asked me a couple of times if I was sure. Th I was suree misses was flashing gold and I was flashing nothing. Told him yes and the divorce paper was signed and a couple of certificates were given to us.

No lawyer required, so no extra expense incurred.

Right.

In my case they didn't even ask if I was sure.

Think it cost 20 baht for the documents.