Divorce thai style

[pschef]

Again just wondering. I have a Thai G/F of my wife, she wants a Divorce. The Thai husband is already remarried, wife with child. He refuses to go and sign the papers, she is not the brightest  spark in the box. She asked me for help  I would assume there must be some kind of law available to her? I think we would call it bigamy or at least male chauvinism. all views appreciated ???

[D80]

Please don't count on this post as definite.  Someone I know was in the same situation and I remembered that there is a law that could help your friend here.

I think she can get a court order for the divorce if her husband refused to sign the paper.  If he has a mistress and remarry, then if she could show that he treats the other woman as his wife (ie making it public that she is with him), then that will be one of the reason a court can order a divorce.  There are also other reasons (ie violence), you may be better of asking a lawyer.  There is a Thai law society where you can go & find out more information.  I know they have a web site but I don't remember the address (sorry).  If the husband has already remarry, his second marriage would not be legally valid anyway, so that might be a point to make to the guy (unless he is such a pig that he doesn't care one way or the other).  Theoretically, the guy can get done if he register his second marriage as it is against the law in Thailand.  Whether it will be enforce is another story.

The law in this area really need a lot of brushing up.  The criteria for a man to divorce his wife is much easier to meet ie. the one about treating another woman as his wife - if a woman cheat, that can be ground on divorce, it does not have to be public but if a man cheat, as long as it is not public, it is not likely to be a ground for divorce.  

Sorry I can't help further.  If divorce is likely to be complicated and the husband is not going to be co-operative, then I would get a lawyer if I were her.  If she cannot afford to, try contacting the law society in Thailand where free advice can be obtained in these issues.  They'll definitely be more  legally accurate than me!  

[D80]

Found the law society web site here.  It's in Thai though.  Might worth a look.

http://www.lawsociety.or.th/

Good luck for your friend.

[D80]

Hi again,

Just out of interest, I've done some research and found a site in English.  Aim more at foreigners who marry Thais and want to divorce but shouldn't be too different.  It's about the law on the Thai side anyway.  I edit some irrelevant parts out.

From the site:

http://www.asiatradingonline.com/divorce.htm

GETTING DIVORCED:

Easy and quick some say? If you married in Thailand and both parties agree to the divorce, it's as simple as going to the registrar's office where your marriage is registered and filing the divorce. You just go with your wife to any Amphur, show them your wedding papers, your passport, her ID card, and tell them that you want to divorce. They will ask you some questions, like have you children together and what have you decided for their future?... are there financial problems pending?..,They will fill a form. You both sign it then wait a few minutes, the time needed to fill the divorce certificate... the wedding certificate was in "portrait form '' the divorce certificate is "landscape form".You will have to pay 50 baht & your wife must change her name to yours BEFORE the divorce can be granted...and she can reverse to her old family name, the minute after the divorce is granted.

If you are married and your spouse does not agree to a divorce in Thailand then you will need to obtain a judgement from the Court. You need to use a lawyer for these steps. You cannot remarry until this has been annulled and you must be present in the Court in Thailand yourself. However the lawyer will act as power of attorney on your behalf to do the preliminaries but you must appear at the final hearing in person. You are not permitted to have a power of attorney acting for you. Therefore "YOU MARRY IN THAILAND & Register in the local Marriage Office YOU MUST DIVORCE IN THAILAND".

Qu: If I am a foreigner & live in Britain & my wife will not divorce me what do I do?

You must file to the Thai Court for an annulment in Thailand & be present (can take 2 months). Normally a Thai Lawyer will file for you and act as power of attorney until you are required to appear in Court in which case you have NO OPTION BUT TO APPEAR.

Qu: Can I get my Thai wife's parents to sign on her behalf? No

Qu: Can I prepare myself?

No a lawyer must file to the court. However if by mutual consent you can do yourself.

Qu: If both parties agree is it straight forward?

Yes you can then apply direct to the local Amphur where you were married.

Qu: How long must I be separated before I can apply for divorce?

3 year separation

SECTIONS OF THE ACT:

Section 1514 Divorce by mutual consent must be made in writing and certified by the signatures of at least 2 witnesses.

Section 1515 Where marriage has been registered as provided by this code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife.

Section 1516: GROUNDS FOR DIVORCE:

1/. Husband has given maintenance to or honoured such other woman as his wife, or the wife has committed adultery, the other may claim for divorce.  (my comment: totally unfair!)

2/. One spouse is guilty of misconduct, criminal or otherwise.

3/. One spouse has harmed the other via torture or mental circumstances.

4/. One spouse has deserted the other for over 1 year.

    Either party lives apart for 3 years.

5/. One or the other partner has disappeared for 3 years.

6/. Lack of marital support.

7/. One spouse insane for more than 3 years & its incurable.

8/. One partner has broken the bond of good behaviour.

9/. Incurable disease that may affect the other.

10/. Physical disadvantage permanently unable to cohabit as husband & wife.

If in doubt ask us. We are only an email away!!

THAI DIVORCE LAW:

When a couple divorce in Thailand all marital property (sin somros) is divided equally. personal property (sin suan tua) remains owned by the individual. Thus marital property is anything  acquired  during marriage by way of gift, bought, or inherited. Personal property is anything acquired before the marriage like a house, tools, equipment & possessions. If both parties agree then the proceedings are straight forward.

Both parties are responsible for debts incurred from household affairs, education and medical bills. One can have a prenuptial agreement which is law & where property is subject to foreign laws. To be valid the prenuptial must be tendered at the marriage registration to be effective & signed by both parties & 2 witnesses. Most of these prenuptial agreements are between foreigners and Thais.

 If one partner is employed, property is split equally. If the wife stays home and looks after the children she has the right to half even though she is not receiving payment. The parents divorcing can agree on who pays for the children's education and day to day living expenses and maintenance. if they cannot agree the Court will rule. the Court may also decide on living allowances based on the ability of the grantor & the status of the receiver.

[pschef]

Thanks for your imput D80, I think she will need a lawyer to force the guy into signing. He is in fact breaking the law, openly married to another woman, she is with child

I advise her to go to local amphur and explain her. circumstances, lets see    ???