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Posted

Anyone have an idea if divorces could be backdated (nunc pro tunc)?

 

Seperated many years ago but did not get a divorce decree. Could the divorce now be backdated to date of seperation?

Posted
12 minutes ago, soi3eddie said:

Some of us would like divorce back dated to before marriage. Would have saved a fortune! 

 

In answer to your question then; No. Divorce cannot be backdated. Depending on the juristiction and law applied, it "may" be possible to get any financial settlement based upon the situation at separation however that would be only determined on agreement of both parties or in a court.

 

Soi3eddie.

Harsh but true.

What has been done can not be undone.

Luckily I haven't been undone....(yet).

 

 

 

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Posted (edited)
20 minutes ago, soi3eddie said:

Some of us would like divorce back dated to before marriage. Would have saved a fortune! 

 

In answer to your question then; No. Divorce cannot be backdated. Depending on the juristiction and law applied, it "may" be possible to get any financial settlement based upon the situation at separation however that would be only determined on agreement of both parties or in a court.

 

It's Thailand

 

Not an issue of finances but rather a situation of trying to legitimize a current marriage, of many many years.

Edited by Teal
Posted
57 minutes ago, Teal said:

It's Thailand

 

Not an issue of finances but rather a situation of trying to legitimize a current marriage, of many many years.

Does this mean you are married to two women at same time? Not aware of Thai law on bigamy. 

 

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Posted
23 minutes ago, soi3eddie said:

Does this mean you are married to two women at same time? Not aware of Thai law on bigamy. 

 

Only the first marriage was in Thailand.

Posted
11 minutes ago, Teal said:

Only the first marriage was in Thailand.

Legally should be OK so long as the new wife is unaware (or the first wife doesn't cause problems). Do the Thai divorce and move on. 

 

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Posted
11 hours ago, soi3eddie said:

Some of us would like divorce back dated to before marriage. Would have saved a fortune! 

 

In answer to your question then; No. Divorce cannot be backdated. Depending on the juristiction and law applied, it "may" be possible to get any financial settlement based upon the situation at separation however that would be only determined on agreement of both parties or in a court.

 

Agreed it is usually the date signed and declared by the judge and is usually the day he grants it.

Posted (edited)

If you married in Thailand and your wife is happy to divorce you it can be done at the local Tamban office 500 baht however if that is not the case you have to go to the court which is a lot more expensive they will grant it as you have been separated a number of years she doesn’t even have to be there I looked into all of this and in the end decided to remain married after two failed marriages I’m not going down that road again a weekly massage home service is more than enough to keep me more than happy 

Edited by crazykopite
Posted (edited)

*Deleted post edited out*

 

Both parties have to be there and agree to everything including finances if you get married in Thailand you can only get divorced in Thailand .  

Edited by Scott
Posted
15 hours ago, Teal said:

Seperated many years ago but did not get a divorce decree. Could the divorce now be backdated to date of seperation?

A divorce decree is a statement from court dissolving the marriage on that day...

It cannot be back dated.

Posted
On 12/5/2022 at 2:24 AM, crazykopite said:

If you married in Thailand and your wife is happy to divorce you it can be done at the local Tamban office 500 baht however if that is not the case you have to go to the court which is a lot more expensive they will grant it as you have been separated a number of years she doesn’t even have to be there I looked into all of this and in the end decided to remain married after two failed marriages I’m not going down that road again a weekly massage home service is more than enough to keep me more than happy 

How expensive and is a lawyer required? I'm assuming for the Tamban option it is required for both to show up for it to be possible.

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