Divorce On Abandonement Grounds

[meow_lek]

Hi, I've read that after 3 years, 'abadonement' grounds for divorce apply. If one of the parties cannot be located then divorce proceedings can still go ahead and be approved.

Do divorce proceedings have to go through the hiring of a lawyer and the courts in Thailand or can it simply be done back at the amphur that the marriage was registered in?

I will be marrying a farang back in Australia and didn't want this to come back and bite me later on. As there's nothing to lose now it's probably a better idea to divorce sooner rather than later when I do have assets.

Then again how would the Australian government even know I was married to a Thai anyway? I didn't have to show any documentation at the marriage other than a passport for I.D purposes and obtained no forms from the Oz embassy that I was unmarried at the time..

Cheers

[Farma]

Just my opinion. I assume you are Thai.

If you are married you will require a divorce. The fact you were previously married will appear somewhere and will come back to bite you at some stage during your migration paperwork to Australia. You also need to declare previous marriage and divorce when you are married again.

If you can contact your ex husband and agree to meet at the Umphur to sign a divorce there should be no need for a lawyer.

If you’re unable to contact your ex you will need to file for divorce through the Thai courts. This can only be done through a lawyer. You will be required to attend court in person once. The rest can be done by your lawyer.

If no objections are raised by your ex it should be a straight forward procedure and only take a couple of hearings.

[garyh]

A marriage in Thailand is recognised in Australia the same as an Australian marriage. Being married already and remarrying is an offence in Australia which could result in a jail term. If you can't get the divorce you could have a wedding in Thailand but not register the marriage, you can get a visa to come to Australia wthout being legally married to your Australain fiance.

[keestha]

Surely Australian officials will want to see proof that you are not married: Thai documents and an authorized translation.

[Geekfreaklover]

Yes. You would have to get divorced first. If you have had not had contact with the husband / wife for over 3 years, and you have not received a response to the divorce complaint, you can divorce on the grounds of abdonment, I believe via the district office (Amphur).

[garyh]

Thai government wants documention from your embassy to show you are not married, I would imagine it works the other way.

[Farma]

Yes. You would have to get divorced first. If you have had not had contact with the husband / wife for over 3 years, and you have not received a response to the divorce complaint, you can divorce on the grounds of abdonment, I believe via the district office (Amphur).

If the other party is not present I believe you require a court judgement at the Umphur before they will issue the divorce.

[Geekfreaklover]

Yes. An application for a finacee visa to o to Aus would, one would imagine, be granted on the condition that the applicant was not already married. Hence, the need to divorce first.

[Geekfreaklover]

Yes. An application for a finacee visa to o to Aus would, one would imagine, be granted on the condition that the applicant was not already married. Hence, the need to divorce first.

That said. I understand the Uk immigration will issue a finace visa to someone that is already married if they can 'prove' the divorce to the previous partner can be completed within six months and they are to be married to the new partner within the six months.

I don't know if this also applies to Ausssie rules.

Sorry I can't help more.

[meow_lek]

Just my opinion. I assume you are Thai.

If you can contact your ex husband and agree to meet at the Umphur to sign a divorce there should be no need for a lawyer.

I'm Aussie, so there's no visas to Oz to consider. I wonder how would bigamy come to the light of day in this situation?

A meeting at the Umphur is ideal if i can find him, pay him to sign maybe

[Patsycat]

Do you not know where his family is? Are they not in contact with him?

I would think that bigamy is a crime in any country, and it would be very sad if you had to suffer the consequences if this ever came to light whilst you are trying to get on with your new life.

[Farma]

The meet up at the Umphur would be the best way to proceed if at all possible.

To get married you would’ve had to complete the stat dec at the embassy and then have it certified at the MFA. I don’t know what goes on behind the scenes between the embassy and the Thai MFA. This is where things could come back to bite you.

Bigamy is illegal. In my opinion you are better off to get a divorce. Not only for peace of mind but to stay above the law as well.

[Carib]

Just my opinion. I assume you are Thai.

If you can contact your ex husband and agree to meet at the Umphur to sign a divorce there should be no need for a lawyer.

I'm Aussie, so there's no visas to Oz to consider. I wonder how would bigamy come to the light of day in this situation?

A meeting at the Umphur is ideal if i can find him, pay him to sign maybe

Meeting at the amphur is absolutely the easiest way. You will BOTH need the original wedding certificate, and a few baht, and it is done.

[Smithson]

I'm Aussie, so there's no visas to Oz to consider. I wonder how would bigamy come to the light of day in this situation?

A meeting at the Umphur is ideal if i can find him, pay him to sign maybe

What if he wants lots of money? I'm asking because a friend was married and has been seperated for a long time, however his 'wife' wants 50K to divorce. If they haven't been together for years can he claim abandonment?

[kingwillly]

Then again how would the Australian government even know I was married to a Thai anyway? I didn't have to show any documentation at the marriage other than a passport for I.D purposes and obtained no forms from the Oz embassy that I was unmarried at the time..

It is a criminal offence, not really something that you would want hanging over your head....

[torrenova]

If there are no visa issues to consider then the likelihood of anyone ever finding out is minimal. You don't think governments even know about marriages in other countries do you ? Of course not, not even between 1st world places.

However, the OP should get divorced I agree. Of course there will be the question about why she wants a divorce and unless he is a good bloke, I'll bet the begging hand comes out.

[sabaijai]

In Thai law as far as I know, a man may divorce his wife without her permission, but not vice versa.

[Geekfreaklover]

In Thai law as far as I know, a man may divorce his wife without her permission, but not vice versa.

A woman can divorce without the males permission if he has been absent for a period of three years and can not be contacted. If the OP, as it seems, knows where he is and he has not been absent or he has given financial support within the 3 years then they will have to come to an agreement or go through the courts.

[soundman]

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.

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.

Link here or here.

[garyh]

In Thai law as far as I know, a man may divorce his wife without her permission, but not vice versa.

Thailand now has equal rights for both sexs so is this still the case?

Edited December 9, 2008 by garyh

[Geekfreaklover]

In Thai law as far as I know, a man may divorce his wife without her permission, but not vice versa.

Not sure where this info came from. Not the case, in my expereince as a male divorcee to a Thai in Thailand 2 years ago, and as the friend of a Thai currently finalising divorce on the basis that the husband (UK) who has disappeared for 3 years.

See soundmans post.

[meow_lek]

To get married you would’ve had to complete the stat dec at the embassy and then have it certified at the MFA.

We did neither. We just signed a piece of paper at a small town Amphur, paid some baht, waited a while and was then given the marriage certificate.

The spouse and I live in separate countries, so would then - according to soundman's post - the 1 year or 3 years separation apply.

If we're going to the Amphur to sign off together, there's a distinct possiblity the hand could be out .. hm unless I put mine out first .... for por bor tor! No thanks

[Farma]

That puts an interesting slant on things.

Were you an Aussie when you married? I’ve been married more than once in Thailand and each time I’ve had to produce the stat dec and have it certified by the MFA before the Umphur would perform the marriage.

Your easiest option if possible would be to meet your spouse at the umphur for the divorce.

Only you will know what works out cheaper…be it pay off your spouse if he asks or go through the courts with the associated legal fees that could accrue.

I know what I’d do and that’s take the quickest cheapest option even if you have to bite the bullet hand over cash to your spouse. There’s less hassle, no waiting for court dates or hidden legal fees.

I’ll leave it up to someone more knowledgeable than me to comment on the 1 or 3 year issue. A lawyer will guide you on the best way to proceed in this situation.

[dbrenn]

Hi, I've read that after 3 years, 'abadonement' grounds for divorce apply. If one of the parties cannot be located then divorce proceedings can still go ahead and be approved.

Do divorce proceedings have to go through the hiring of a lawyer and the courts in Thailand or can it simply be done back at the amphur that the marriage was registered in?

I will be marrying a farang back in Australia and didn't want this to come back and bite me later on. As there's nothing to lose now it's probably a better idea to divorce sooner rather than later when I do have assets.

Then again how would the Australian government even know I was married to a Thai anyway? I didn't have to show any documentation at the marriage other than a passport for I.D purposes and obtained no forms from the Oz embassy that I was unmarried at the time..

Cheers

I would recommend that you talk about this with a MARA egistered Aussie migration agent or scour www.immi.gov.au rather than trying to get the answer to such a critical question on a forum that specialises in Thailand. While it is certainly not possible to get a Prospective Marriage or De Jure Spouse visa while you are already married (doing the forms for my other half now and recall reading it in the rules), I do recall reading an authoritative source on an Aussie immigration forum that it *is* possible to get a Defacto Spouse visa. Strange, but apparently true - being in a defacto relationship while legally married to someone else seems not to be viewed as bigamy under the eyes of Australian law. Go to the immigration forum at www.britishexpats.com for a better source of information on this subject, and the rules might have changed so an agent is the best way.

To get a divorce under any grounds other than mutual consent in Thaland requires that you go to court and get a court order to dissolve the marriage. Go to a reputable local law firm and they will help you with this, but you may have to appear in person and it will take some time to complete, so factor this into your marriage plans.A locaSee a local law

Agree with other posters here that it is highly risky to lie to Australian immigration. DIAC (the Aussie immi agency) does some very rigorous checking, and even if you slip through the net and get your visa and subsequent Australian citizenship, both could be revoked and you could find yourself deported if the truth comes out later on that your application was fraudulent.