Divorce - Marriage, How Many Months In Between?

[coalminer]

I would like to know what the Thai laws say about the requested qaiting time before getting remarried to a Thai national.

Suppose, one is married to a Thai national and they decide to divorce.

As I understand, divorce in Thailand is as easy as getting both spouses to the Amphur and signing the divorce papers.

How long is the required wait period before one of the partners can marry again a Thai national?

[thaiwanderer]

I would like to know what the Thai laws say about the requested qaiting time before getting remarried to a Thai national.

Suppose, one is married to a Thai national and they decide to divorce.

As I understand, divorce in Thailand is as easy as getting both spouses to the Amphur and signing the divorce papers.

How long is the required wait period before one of the partners can marry again a Thai national?

yes, assuming both agree to the divorce, co-operate and there are no outstanding issues

AFAIK can remarry immediately following divorce

[Farma]

As far as the man is concerned you can get remarried straight away depending on how fast you manage to get the paperwork done through the embassy and MFA.

I believe a woman has to wait 300? days, or sooner if she has a doctors certificate to prove she isn’t pregnant.

[coalminer]

As far as the man is concerned you can get remarried straight away depending on how fast you manage to get the paperwork done through the embassy and MFA.

I believe a woman has to wait 300? days, or sooner if she has a doctors certificate to prove she isn’t pregnant.

What if the man get a divorce, re-marry in a (few) month and then it comes out that the first wife was pregnant?

[Farma]

From http://www.helplinelaw.com/law/thailand/ma...ge/marriage.php

5. Either of them should not have a spouse at the time of marriage. If woman whose husband died or whose marriage has become terminated, the marriage can only take place after expiry of 310 days from such death or termination of marriage, but before such period if

(1) a child has been born during such period;

(2) the divorced couple remarry;

(3) there is a certificate issued by a qualified doctor who is a lawful physical practitioner in medicine showing that the woman is not pregnant;

(4) there is an order of the Court allowing the woman to marry.

[coalminer]

From http://www.helplinelaw.com/law/thailand/ma...ge/marriage.php

Thank you for the URL.

I see a problem in remarrying a Thai after a divorce as I already assumed.

Suppose that A + B divorce (A + B are married man and wife)

"A" wants to marry with "C".

According to the Thai law, there is no objection.

But "A" will never be able to get the required documents, as the law specifies:

***************

FOR FOREIGNERS

* A copy of their passport along with arrival card

* Affidavit regarding the marital status of the person from the respective embassy.

* Translated copy of affidavits to Thai certified by an approved Foriegn Ministry Translator.

***************

In my country, both partners can not marry again after a divorce, before the required period of 300+ days has passed and as such he/she will never get the required affidavit from the Embassy.

Your opinion?

[Farma]

From your earlier posts I assume you’re a Belgium national. I’m not a legal eagle so can only go off what your embassy website says. I can’t see any mention of waiting 300 days on the website.

From http://www.diplomatie.be/bangkok/default.a...&content=20

IV. MARRIAGE IN THAILAND (+FAMILY REUNION VISA)

BEFORE THE MARRIAGE:

The following documents have to be presented at the Embassy of Belgium in order to enable you to marry in Thailand:

A. By the future Belgian spouse:

1. Photocopy of the first 5 pages of the valid Belgian passport.

2. 1 Photocopy of the birth certificate by the Belgian municipality.

3. 1 Certificate of nationality, residence and civil status (by the Belgian municipality).

4. 1 Certificate of divorce (if applicable).

5. 1 Certificate of employment (by the employer) with a proof of monthly income (by salary slip or tax form).

6. 1 Photocopy of the identity card (recto-verso) of 2 Belgian witnesses.

[coalminer]

From your earlier posts I assume you’re a Belgium national. I’m not a legal eagle so can only go off what your embassy website says. I can’t see any mention of waiting 300 days on the website.

From http://www.diplomatie.be/bangkok/default.a...&content=20

IV. MARRIAGE IN THAILAND (+FAMILY REUNION VISA)

BEFORE THE MARRIAGE:

The following documents have to be presented at the Embassy of Belgium in order to enable you to marry in Thailand:

A. By the future Belgian spouse:

1. Photocopy of the first 5 pages of the valid Belgian passport.

2. 1 Photocopy of the birth certificate by the Belgian municipality.

3. 1 Certificate of nationality, residence and civil status (by the Belgian municipality).

4. 1 Certificate of divorce (if applicable).

5. 1 Certificate of employment (by the employer) with a proof of monthly income (by salary slip or tax form).

6. 1 Photocopy of the identity card (recto-verso) of 2 Belgian witnesses.

The website "http://www.diplomatie.be/nl/services/civilstatedetail.asp?TEXTID=437" (in Dutch) specifies that:

"Als u Belg bent, worden alle veranderingen in uw burgerlijke staat geregeld door het Belgisch recht. Ook als u in het buitenland verblijft zal het Belgisch recht toegepast worden."

("If you are a Belgian citizen, all changes in your Civil State will be rules by the iBelgian law. Even when you reside in another country, the Belgian laws will apply")

"De vreemde beslissing mag niet strijdig zijn met de Belgische openbare orde" ("The decision of the foreign country shall not be in conflict with the Belgian Public Order").

[a2396]

Hope you ahve a good reason to want to enter into a legal marriage here.

[Farma]

Coalminer you have the advantage of your native language. The www.diplomatie.be website has a lot of information on divorce and marriage including links to the registry department and embassies abroad.

I’ve done a lot of searching on waiting periods after divorce and can only find references to a 10 day waiting period after Banns have been posted before marriage can be performed.

It may be worth contacting the registry department or embassy to get a definitive answer.

[terrier123]

I asked the same question on this forum approximately 4 months ago and was advised that there is a waiting period of 360 days between divorcing one Thai lady then marrying another.

Who is right?

[Farma]

namkong789 Having been through this situation recently I was not required to wait before remarrying.

The only delay from divorce to remarriage was the time it took to satisfy my embassy’s requirement for the statutory declaration and have it stamped at the FMA. I could have remarried the following day if I wanted to.

I can only suggest the situation depends on the individual’s embassy requirements.

[coalminer]

Coalminer you have the advantage of your native language. The www.diplomatie.be website has a lot of information on divorce and marriage including links to the registry department and embassies abroad.

I’ve done a lot of searching on waiting periods after divorce and can only find references to a 10 day waiting period after Banns have been posted before marriage can be performed.

It may be worth contacting the registry department or embassy to get a definitive answer.

To keep it short, Belgium law is based on the "Code Napoleon" which was writtem some 200 years ago.

This law PROHIBITS to delete any original laws, and as such, you can read on the "Traffic Code Laws" that a car in motion is required to be preceeded by a person with a red flag warning the other road users of an oncoming car.

This is silly and hilarious and no one would expect a judge to base a sentencing in this law.

But this law article has been used a few years ago by a judge to twist his sentence in favour of a very rich stinker.

The Belgian Divorce Laws are being revised now to reflect better the existing matters (Belgium has the highest divorce rate of the world) but the new law still specifies that a waiting period of 300 days shall be taken in account between 2 marriages.

namkong789 Having been through this situation recently I was not required to wait before remarrying.

The only delay from divorce to remarriage was the time it took to satisfy my embassy’s requirement for the statutory declaration and have it stamped at the FMA. I could have remarried the following day if I wanted to.

I can only suggest the situation depends on the individual’s embassy requirements.

The individual's Embassy and Nation requirements are indeed ranging from "a to z" and no unified answer can be given in this matter.

I wasn't aware that a similar question was raised by Namkong 4 months ago, and doing a search on the ThaiVisa archives is a "pain in the *ss".

But as an answer to Namkeng, I can only repeat myself in saying that each nationality has his own, sometimes draconian. laws and the final answer can only be given by a fellow compatriot who has been trough this before or a tedious search troughout the laws of his country.

Also, please note that the Embassies and Consulates only follows the law of the country they represent by the letter.

If that country specifies certain rules like I gave a few posts ago, it are these rules thatneed to be taken in account.