Divorce In Thailand

[eutin45]

What steps you have to take to get a legal divorce (Foreigner and Thai)

[lopburi3]

You visit the District office again with the marriage documents and end it. Very simple if in agreement on terms.

[sk1max]

What steps you have to take to get a legal divorce (Foreigner and Thai)

You & the wife go to the Local Amphur with all your bits of paper, ID card, passport,marriage cert etc. and apply for a divorce. I think it costs about 30bht. but it could have gone up. You both must agree too.

[Geekfreaklover]

There are usually three stages to divorve.

Amphur - you both agree on the terms and sign

Court mediation - You both go to court and agree to terms.

Trial - The court decides the outcome.

I MUST STRESS - If you are here on a non-im visa based on marriage. Go over the border and come back on a tourist visa before you do anything. Because the moment any divorce agreement is signed you lose your non-o visa and are in the country illegally.

[lopburi3]

All that is required is visit to District Office if both in agreement. There is no court action required. You can do in less than an hour.

I suspect above post means three methods rather than stages.

Edited July 15, 2009 by lopburi3

[Mario2008]

Agree with Lopburi, if both are in agreement you go together to the amphur and get divorced. at that time you can also enter any agreements you make.

If one of you doesn't agree, the only option is to go to court. Unlike the amphur, the court will only grant a divorce in the circumstances mentioned by law.

[Geekfreaklover]

Yes, sorry, methods not stages. I would like to think that the OP got what I was trying to say.

Also it is good to bear in mind that the divorce will not be automatically recgonised in your home country. You will have to fill out the paper work back home also to be legally divorced in your home country.

[Thaddeus]

Also it is good to bear in mind that the divorce will not be automatically recgonised in your home country. You will have to fill out the paper work back home also to be legally divorced in your home country.

Which home country.

The Thai divorce is 'by procedure' and is recognized in the UK and I would suspect most other countries, you need do nothing more except maybe a translation if asked for.

[Mario2008]

The divorce is recognised, but if you registered the marriage in your home country you will also have to register the divorce as otherwise they will think you are still married.

[Thaddeus]

The divorce is recognised, but if you registered the marriage in your home country you will also have to register the divorce as otherwise they will think you are still married.

Registered in what way?

[Mario2008]

The divorce is recognised, but if you registered the marriage in your home country you will also have to register the divorce as otherwise they will think you are still married.

Registered in what way?

That you are married you can register with your embassy or in your own country, the records their will then show that you are married. It is just informing your government that you are married and it is an option. The fact that you register it or not with your own country if you marry here doesn't mean that you are not married. Only that they have a record of it.

[Thaddeus]

Well, I'll check and get back to you, but to the best of my knowledge, that is not registering it is the same as posting a notice that you have married and becomes legally null and void should you divorce. In the same way that you don't have to notify your Embassy when you marry (I don't know why anyone does to be honest it carries no weight) you also don't have to notify them if the marriage ends. As long as you have the divorce papers, that's all you need. (A lawyer charging a fee may say differently out of his own interests )

Anyway, this is all moot as the OP doesn't state what nationality he is and if they married in Thailand or not, if not the situation changes somewhat doesn't it.

[Mario2008]

We are saying the same, I only use the term registering for both the officialy getting married (or divorced) as for notifying your contry that you are married/divorced abroad.

[Farma]

My experience when I accompanied 2 friends divorcing uncontested at an Umphur a month ago.

Original documents required.

1.Foreign Passport

2. Thai ID card

3. House registration card

4.Both wedding certificates.

Photocopies required. 2 copies of each.

1.Foreign Passport data page

2.Foreign Passport page with latest entry visa.

3.Thai ID card (ensure this is an updated ID card with any name changes shown)

4.House card.

Two Witnesses are required (Umphur will unofficially arrange for a small payment)

On arrival the Umphur receptionist checked the documents and a form was completed, photocopies attached to form. A queue number was given.

Proceed to processing area and hand over documents. An official will call both parties and ask the reason for divorce and if any financial agreements are required. Once satisfied both parties understand they are being divorced the official will type up the divorce paperwork.

Wait to be called to the desk. The officer will talk the parties through the official paperwork. The officer, both parties and witnesses will sign the typed paperwork.

Then proceed to the senior officer who will closely inspect all paperwork ensuring all paperwork is in order before he and both parties sign the divorce certificates.

He then requested one of he parties took the written document to make 4 copies.

On return the senior official stamped the 4 photocopies and handed over 2 divorce certificates, 4 photocopies of the divorce paperwork plus passport, ID and house card.

No payment was required.

The process should take less than an hour If the Umphur is not busy.

[abdulrahman]

Nice to read a first hand report.

Now,if only my wife would agree? :D

[INDI12]

I have a ? I foolishly married at the amphur way back in 92 to help out a gal to come stateside. Realised my mistake after leaving amphur. Came back stateside and revoked the alien relative petition. 2 yr later girl gets in USA with tourist visa i assume. Wants to divorce. I said sure but if you think you gonna get something out of me in court over a 2 month marriage and then separated your dreaming. (had nothing to take anyway). anyway goes to court and i win (in the US). have my divorce papers from court. Went to amphur several times with translations of court documents and originals papers to no avail. I would like to see this cleared up in the amphur office showing my divorce.

Since there is a recpirocal agreement for marriage between countrys as being recognised as a legal marriage. should divorce be recognised as well??

Or only way is to try and find this person and go into amphur??? No contact with her anymore and she has both marriage certs....

[Mario2008]

A divorce in the US is recognised by Thailand. You say you went to the amphur with the papers, did you have them legalised by the foreign ministry?

[INDI12]

Thanks for the reply.... no i do not believe i did. Just translated Eng / Thai. Is that what i missed to do?? Or other things as well?

[Mario2008]

That is probably what you missed to do. Contact your own embassy for advise, they should know what to do.

But it is also possible that the amphur you went to doesn't know how to handle the case, when the divorce happend abroad. I would try it again at an amphur in a big city, which will have more experience in dealing with cases like this.

[stgrhe]

There are usually three stages to divorve.

Amphur - you both agree on the terms and sign

Court mediation - You both go to court and agree to terms.

Trial - The court decides the outcome.

I MUST STRESS - If you are here on a non-im visa based on marriage. Go over the border and come back on a tourist visa before you do anything. Because the moment any divorce agreement is signed you lose your non-o visa and are in the country illegally.

Alternatively if you are 50+ and have 800,000 in you bank account (not a joint account) or prof a monthly income of 65,000 baht you could simply you to the immigration and apply for a change of status to non-immigrant o-a.

[INDI12]

Thanks again... I went to the same amphur i registered in Chiang mai. Went in there about 5 yrs ago. Will try again in the fall when i return...

[lopburi3]

There are usually three stages to divorve.

Amphur - you both agree on the terms and sign

Court mediation - You both go to court and agree to terms.

Trial - The court decides the outcome.

I MUST STRESS - If you are here on a non-im visa based on marriage. Go over the border and come back on a tourist visa before you do anything. Because the moment any divorce agreement is signed you lose your non-o visa and are in the country illegally.

Alternatively if you are 50+ and have 800,000 in you bank account (not a joint account) or prof a monthly income of 65,000 baht you could simply you to the immigration and apply for a change of status to non-immigrant o-a.

You obtain extensions of stay for retirement from Immigration - the O-A is a visa issued by a Consulate outside Thailand and not what you receive from Immigration.

[Mario2008]

Like I said, contact the US embassy in BKK first for more info. You probably need to have the documents legalised in the US itself. It might also help if you still have the official mariage certificate, as the amphur probably want that back.

But remember that you are legaly divorced already, only within Thailand you might have problemss as their records still show that you are married.

[Farma]

Mario does that apply to a US divorce of Thai registered marriages as well.

My understanding from everything I’ve read or been advised by lawyers is if you marry in Thailand you must divorce in Thailand.

INDI12.

It’s been a long time since your US divorce. Your ex may have obtained a Thai divorce without your knowledge during those years.

Have you approached the Umphur with your ex wife’s details and asked what her marital status is?

To obtain a certified replacement copy of the marriage documents (they won’t reissue the marriage certificate) file a police loss report. Take that report to the Umphur where you married and they will issue certified copies of your original marriage application papers which are accepted by the court or Umphur in lieu of the original certificate. The Umphur requires and retains either the original marriage certificate or the certified copy when they issue a Thai divorce certificate

If Marios advice is correct disregard the following.

My understanding is a court issued divorce order will be required unless you can convince your ex to attend the Umphur with you.

You will require the services of a Thai lawyer if this is the case. A Thai lawyer is required to file the court documents. If no objections are raised by your ex or she can’t be contacted plus you have the US registered divorce papers this should be a straight forward procedure.

Once the court issues the divorce ruling take this ruling to the Umphur along with your lawyer to guide you through the process and act as witness. You will need 2 witnesses. The umphur will then issue you with a divorce certificate.

[INDI12]

well i did have contact with her over e mail a few yrs ago concerning this and she said next time in thailand she would go to amphur. I was told she could go herself and do divorce but i by myself could not.(tit) not sure about this. she asked me to send her the papers i had and translations which i did. However she never did it. The next year i was back to states i mailed again and she said she forgot again. ( she is back and forth doing handicraft import exp) I tried again to contact her before i went back to thailand nov 08 and got no reply from her. As far as i know she is still here in the states. giving up on her doing anything and looking for other avenues.

have not asked amphur her marital status......

i know i am divorced in stetes but i want to clear the thai side of things. Not that i want to marry again but i want it cleared up.

hope that makes some sense

in the end will prob have to do the lawyer thing.....

Edited July 16, 2009 by INDI12

[Mario2008]

Of course it makes sense to want to have things in order.

For now just contact the US ambassy in Bangkok first to see what they advise about the procedure.

[travellife]

My experience when I accompanied 2 friends divorcing uncontested at an Umphur a month ago.

Original documents required.

1.Foreign Passport

2. Thai ID card

3. House registration card

4.Both wedding certificates.

Photocopies required. 2 copies of each.

1.Foreign Passport data page

2.Foreign Passport page with latest entry visa.

3.Thai ID card (ensure this is an updated ID card with any name changes shown)

4.House card.

Two Witnesses are required (Umphur will unofficially arrange for a small payment)

On arrival the Umphur receptionist checked the documents and a form was completed, photocopies attached to form. A queue number was given.

Proceed to processing area and hand over documents. An official will call both parties and ask the reason for divorce and if any financial agreements are required. Once satisfied both parties understand they are being divorced the official will type up the divorce paperwork.

Wait to be called to the desk. The officer will talk the parties through the official paperwork. The officer, both parties and witnesses will sign the typed paperwork.

Then proceed to the senior officer who will closely inspect all paperwork ensuring all paperwork is in order before he and both parties sign the divorce certificates.

He then requested one of he parties took the written document to make 4 copies.

On return the senior official stamped the 4 photocopies and handed over 2 divorce certificates, 4 photocopies of the divorce paperwork plus passport, ID and house card.

No payment was required.

The process should take less than an hour If the Umphur is not busy.

A very nice listing from Farma of what is needed when visiting the Amphur.

A few questions:

Assume both parties are in agreement for the divorce. One Thai citizen and one US citizen.

1) Is there an Amphur in Bangkok that can speak a little English, to make the process convenient? A name, location or phone number will be helpful.

2) I think the two witnesses have to speak Thai and English if one spouse is a foreigner. Can the Amphur provide such a witness, for a fee? Or is it convenient to just pick someone off the street (maybe a business next to the Amphur or a coffee shop) and pay that person a small fee. If you are aware of an Amphur that can provide the witness, please inform me.

3) I read somewhere that additional documents from the Ministry of Foreign Affairs and a document from the Embassy is needed. I think that information was incorrect. According to the process above, it doesn't mention such documents.

Thanks for the information

[lopburi3]

1. Ban Ruk in the Patpong area has excellent language skills in my experience (although not married there). They are the most popular for marriage - perhaps not so fitting for divorce.

2. Expect if any financial agreements have to be typed up they will require someone to be able to explain to a non Thai speaker. I had to have for marriage - but separate from witness requirement.

3. Don't know but perhaps if marriage was registered outside Thailand? Or you have it confused with marriage where there is such a requirement.

[travellife]

1. Ban Ruk in the Patpong area has excellent language skills in my experience (although not married there). They are the most popular for marriage - perhaps not so fitting for divorce.

2. Expect if any financial agreements have to be typed up they will require someone to be able to explain to a non Thai speaker. I had to have for marriage - but separate from witness requirement.

3. Don't know but perhaps if marriage was registered outside Thailand? Or you have it confused with marriage where there is such a requirement.

There are no financial agreements, and no other additional paperwork. Just need to fill out the divorce paper. But I think the witness still has to speak English since a foreigner is involved. If anyone has any other experience please provide some information.

I have not heard of any document needed from an Embassy or Ministry of Foreign Affairs. I think the person was confused, as you mentioned.

[Farma]

travellife in my experience.

1. Recommend BangRak

2. No translators are necessary if the foreigner is confident and can speak and understand reasonable Thai. The foreign spouse needs to satisfy the Umphur official they know what is happening. Witnesses are not required to know English. There is English speaking staff at BangRak.

3. Agree with lopburi3. Only documents listed in my post were required.