A Friend Ask For Advice Regarding Divorce

[Felt 35]

He married his Thai wife in Thailand nearly two years ago. She moved to Europe 2-3 months later.

9 months after that she is on a three months holiday in Thailand to visit family and friends.

Midway in here holiday she calls to her husband in Europe and say she will not come back.

(She wants to stay there and take care of a kind of food stall she inherited from some family member. She says to him that they still can be married but she not want to live in Europe)

He travels to Thailand, find here and tries to over tale here to return to Europe with him,

but he ends up leaving alone.

My friend have no intention about being married and never see his wife so 4 months later and he return to Thailand with the intention to take out separation and later divorce. They have now been separated both theoretical and practical for a year.

He will soon return to Thailand to get here to sign the necessary documents in Thailand, included documents from his home Country. (The marriage had to be registered in his home country so she could get residency).

What are his rights in Thailand, and what can he do if she not wants to sign the required documents for divorce.

Thanks.

[johnnymoretti]

Bad situation.

Your friend doesn't have any rights in Thailand. So, forget that angle.

If he's concerned about his property in Europe, he needs to hire an attorney. I suggest he files for divorce in his home country and have the papers couriered to Thailand by someone he might know there for her to sign. If she doesn't sign them, at least he has intiated the divorce and can file the paperwork for legal separation. This way, she is not legally able to garner any of his property after he files. These are only personal advice and not to be taken as law. I'm not a lawyer, just a sympathizer. If your friend gave her reason to leave him (abuse, drugs, infidelity, etc) then she's smart for leaving.

This is a classic case of what often goes wrong when you marry a foreigner, especially someone from a country with lax laws and a written language that keeps you in the dark.

Perhaps he can get a judge to null the marriage based on her abandoning the relationship.

He really needs to get legal help.

Good luck!

PS: I get the feeling that your 'friend' is actually you. No need to be shy...we all make mistakes.

Johnny

[johnnymoretti]

Upon further review I found this as written by Asia Trading Online:

"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."

In addition:

IF LIVING OVERSEAS WHAT TO DO:

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: What if my Thai wife won't agree? Then you need to file to the court for an annulment on grounds. Approx time if straight forward 2 months but can be longer?

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 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 the Thai Embassy assist me as a foreigner? 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

Qu: Must I travel to Thailand to divorce if my wife won't sign? Yes but you can use a lawyer for the prelim's.

[Felt 35]

Bad situation.

Your friend doesn't have any rights in Thailand. So, forget that angle.

If he's concerned about his property in Europe, he needs to hire an attorney. I suggest he files for divorce in his home country and have the papers couriered to Thailand by someone he might know there for her to sign. If she doesn't sign them, at least he has intiated the divorce and can file the paperwork for legal separation. This way, she is not legally able to garner any of his property after he files. These are only personal advice and not to be taken as law. I'm not a lawyer, just a sympathizer. If your friend gave her reason to leave him (abuse, drugs, infidelity, etc) then she's smart for leaving.

This is a classic case of what often goes wrong when you marry a foreigner, especially someone from a country with lax laws and a written language that keeps you in the dark.

Perhaps he can get a judge to null the marriage based on her abandoning the relationship.

He really needs to get legal help.

Good luck!

PS: I get the feeling that your 'friend' is actually you. No need to be shy...we all make mistakes.

Johnny

Hi & thanks for the information Johnny. I will forward it to my friend.

No it’s not me. If you check some of my previous post you will find out that I live in Phuket and have done so for nearly a decade. I’m just home for a two weeks winter holiday.

But I feel I have to help my friend because both my Thai wife and I helped my friend and the wife he now wants to divorce with all the documents needed to get into marriage and also the Visa application for his wife.

However we was sceptical that time because his wife have a background which I believe not exactly is the basic to suddenly be a housewife in a quite large house on the countryside in cold Europe.

Regards

Felt

[torrenova]

The upside is that she has gone back to Thailand rather than trying to divorce him in the UK and having her Thai "friends" screw as much cash out of him as possible. Divorce her in Thailand and that will be the end of it.

[Felt 35]

The upside is that she has gone back to Thailand rather than trying to divorce him in the UK and having her Thai "friends" screw as much cash out of him as possible. Divorce her in Thailand and that will be the end of it.

My friend will divorce in Thailand. He is going next month. But he is concerned about here willingness to sign both the actual Thai documents and the documents necessary from his home country. The paradox is that he haven’t given up to find a Thai bride who eventually are a bit more faithful and loyal and want to live with him in Europe, but as long as he is registered as married in his home country with the woman he now want to divorce, he will not get a residence visa for a “new one” even if divorced in Thailand.

Yes he probably needs a lawyer.

BTW, forget to mention it earlier. There is no abuse or anything like that involved in this situation. His wife got a three months paid vacation by him and didn’t want to return. However some Thai friends living here tell that she in fact had planned that in advance.

The man is as good as gold. Good economy, he owns a house and apartment. He couldn’t hurt a fly.

Thanks.

[torrenova]

Not sure about divorce but if you marry legally in Thailand then it is considered legally binding in the UK. Perhaps divorce is the same I don't know.

If it is not, then he may have to wait until a period of time has elapsed and file on the grounds of abandonment or similar.

I remember one situation reported on the boards where the husband took the wife to the police station and stated that he was no longer responsible for her. I believe this applies before she has indefinite leave to remain and thus cancels her visas status or something.

Your friend does indeed need legal advice starting with whether the Thai divorce is final and binding in the UK.

[thaihome]

... The paradox is that he haven’t given up to find a Thai bride who eventually are a bit more faithful and loyal and want to live with him in Europe, ....

The man is as good as gold. Good economy, he owns a house and apartment. He couldn’t hurt a fly.

Thanks.

I am baffled by people that decide on the nationality of their wives before they meet them.

TH

[Thaddeus]

I'm baffled by the number of people that assume it is the UK when the OP has only ever said Europe.

Which actual country is this chap from?

[Felt 35]

I am baffled by people that decide on the nationality of their wives before they meet them

Well when he is looking in Thailand there are a great change for that she will be Thai.

But of course, not necessarily

[Felt 35]

I'm baffled by the number of people that assume it is the UK when the OP has only ever said Europe.

Which actual country is this chap from?

Denmark

[Thaddeus]

I'm baffled by the number of people that assume it is the UK when the OP has only ever said Europe.

Which actual country is this chap from?

Denmark

Right, in that case I would be visiting a lawyer there, the law may not be the same as the UK.

[blackadder]

He married his Thai wife in Thailand nearly two years ago. She moved to Europe 2-3 months later.

9 months after that she is on a three months holiday in Thailand to visit family and friends.

Midway in here holiday she calls to her husband in Europe and say she will not come back.

(She wants to stay there and take care of a kind of food stall she inherited from some family member. She says to him that they still can be married but she not want to live in Europe)

He travels to Thailand, find here and tries to over tale here to return to Europe with him,

but he ends up leaving alone.

My friend have no intention about being married and never see his wife so 4 months later and he return to Thailand with the intention to take out separation and later divorce. They have now been separated both theoretical and practical for a year.

He will soon return to Thailand to get here to sign the necessary documents in Thailand, included documents from his home Country. (The marriage had to be registered in his home country so she could get residency).

What are his rights in Thailand, and what can he do if she not wants to sign the required documents for divorce.

Thanks.

I am afraid it is to late now... (you take care before, not after)

Now a lawyer can only clean op.

But very importent to start divorce case op NOW - she will push time, becorse she know time she is married will give her more money.

DONT FALL INTO THAT TRAP, DO SOMETHING NOW...

Your wife have all the rights in Denmark, the longer time, the more right to your house.

Start divorce case op in Denmark becorse she have left you, show that she has not been with you xx month (show her passport, fly, bankbook, all that show she has left you)

START A.S.A.P