Divorce In Thailand

[ludditeman]

The point about signing a letter concerning the money used ----- well I never went to the land office! - I did wonder about it's importance.

As far as I know she couldn't buy the land without your signature

Indicating one of these

1) She is not legally married to you

2) She didn't buy the land in her name

3) She forged your signature

If anyone know different please jump in!

Edited September 15, 2011 by ludditeman

[theoldgit]

Being married is worse for her than you.

If married she can't make any contract without your signature.

Can't buy or sell property, no loans, banks are hard to deal with.

So don't give up on your half of the house.

My wife leased my/our/her house to another foreigner, she went to The Land Office and signed a declaration that she was a widow and that she had never re-married. My lawyer went to the Land Office and provided evidence that I was alive and well, they were not the least bit interested and would do nothing about it.

I took her to court and she has agreed to a divorce, agreed to sell the house and give me 50% of the proceeds, she also agreed to compensate me for the theft of my car, which she also sold by forging documents. She has since done a runner and I have absolutly no idea where she is, the house is trashed and deserted.

I now face the prospect at throwing more money at the Thai legal system, just to get a divorce.

[johnnybgood]

As far as I know she couldn't buy the land without your signature

Indicating one of these

1) She is not legally married to you

2) She didn't buy the land in her name

3) She forged your signature

to paraphrase Sherlock

when you eliminate every other option

what remains, however unlikely is the answer.

.

I can legally prove your suggestions # 1 & 2.

Pointless asking my wife, as was attending the land office.

Next post I hope to have a translation for the Amphur divorce application used only when a deal is done.

[lopburi3]

A Thai woman married to a foreigner can buy land and register in her name and they do so very often. All that is required is the money is declared hers and foreign husband signs his understanding that it is not marriage property.

[bangkokburning]

It was stated on this thread that your embassy need not know you marry here in Thailand. How is that possible when you must obtain some sort of clearance to marry from them? Atthe least, a bit of a tip off no?

Funny - what a hassle to marry a Thai. How easy they make it to divorce :-))

[lopburi3]

What you obtain from Embassy is there notary stamp on a piece of paper. It is nothing they are recording as a marriage - it is not even specific as to the person other than you in most cases (various Embassies have slightly different procedures). But your Embassy knowing has nothing to do with legalities - if a legal marriage in Thailand it is legal almost everywhere.

[swisstouristpattaya]

hello,

a few things i could ad:

1)marriage is your business, it' s not a business between you and any government.

You don't need to report to UK, USA, of your Thai marriage (unless you need visa later).

Less you inform the authority , better it will be for both of you.Since when you have to report your love to your government, they only love you when you pay taxes...if i could i would "divorce" with my government.

2)usually if someone disapear after a few years, you can be divorced automatically. that' s the case in the USA. it's 5 years.like MIA soldiers (missing in action), or foreigner gone and never back to USA.

3)50/50 of what you have unless you agree something else...no, if the government say it' s 50% on everyhing you have , your agreement or (pre-nuptial agreement) is not valid anymore...

4) you want get married for a O-visa? right?so you can stay how long you want in thailand, wait to get 50, then divorce and ask for a ret. visa i bet number of marriages will increase this year and in 2012.

Edited September 21, 2011 by swisstouristpattaya

[bangkokburning]

Thanks Lopburi.

Not to hijack the thread but there was discussion of assets.

Would a Thai be able to make a claim on inheritance? I believe in most US states a spouse can lay no claim to such.

[swisstouristpattaya]

good question, someone get married to a thai lady, 2 months later your oncle, parent or a grand parent die and you see you have been credited of XXX'000 $ in your bank account in the USA, or europe.

what could happen?

can the thai lady claim 50% of this money and ask for divorce?

[bangkokburning]

Lopburi -

Apologies. I am not certain I understand your prior reply. You state that the embassy (US) would have no knowledge of marriage. Yes. But obtaining a letter certifying you are not married surely would be a tip and surely they have files on all of us. Not saying that they would know you marry, but your req would be on file???

Anyone comment on inheritance that is not transferred to Thailand? Looking for reality based reply, not well...let her come and get it sort of thing. Thanks.

[ludditeman]

good question, someone get married to a thai lady, 2 months later your oncle, parent or a grand parent die and you see you have been credited of XXX'000 $ in your bank account in the USA, or europe.

what could happen?

can the thai lady claim 50% of this money and ask for divorce?

Why would you tell her what you have in a bank in USA or Europe?

(why would you tell anyone about your finances???)

What she doesn't know about, she won't ask to have.

Edited September 23, 2011 by ludditeman

[bangkokburning]

OK, I presume this is directed at the other poster but if I were to marry my girlfriend...

Presume that she would know I was bummed out by losing a close relative - just a hunch.

As for what she may or may not know. Even if A person does not declare to spouse they just had billion baht inheritance- asset searches are quite common in divorce cases. Plenty of asshol_e lawyers in states on contingency.

[ludditeman]

OK, I presume this is directed at the other poster but if I were to marry my girlfriend...

Presume that she would know I was bummed out by losing a close relative - just a hunch.

As for what she may or may not know. Even if A person does not declare to spouse they just had billion baht inheritance- asset searches are quite common in divorce cases. Plenty of asshol_e lawyers in states on contingency.

But a lady in Thailand has no way to access such a person, unless you were daft enough to take her to the country in question (Thai lady can't get VISA to UK or USA without husbands signature).

Divorce in Thailand involves going to an Amphur office and declaring you have no joint assets, all done in 20 minutes.

Never tell ANYONE about your finances, never leave ANY documentation about your finances where they can be found.

[johnnybgood]

Some good advice here - let's have some more please.

Here is an English translation of the previously attached divorce form.

This is issued and used at the Amphur.

I hope it's not needed by anyone else, but must be the way to go in IMHO.

[Mario2008]

That is a form that I would not sign.

It gives sole custody to only one parent and the other parent would be left in the cold as to any visitation rights towards the children.

In case there are children and/or considerable assets involved, I would recommend an agreement made by a lawyer.

[swisstouristpattaya]

little bit hard to hide your finance from a lady!

got a bank statement sent by mail...or some paper left in the car,...

or you go bathroom and keep your screen on 2 minutes with your online BOA.

then she start to question, what is that?

or who is this guy calling...? they say it s XXX bank and need to talk to you.

legally, what about inheritance law in thailand for married people?.

[PaddyThai]

Wondering can divorce be registered at any District Office (Amphur) or does it have to be where the couple were married.

[Mario2008]

Wondering can divorce be registered at any District Office (Amphur) or does it have to be where the couple were married.

A divorce can be registered at any amphur.

Don't forget to bring both wedding certificates, you will both get a divorce certificate in return.

[hanuman2543]

good question, someone get married to a thai lady, 2 months later your oncle, parent or a grand parent die and you see you have been credited of XXX'000 $ in your bank account in the USA, or europe.

what could happen?

can the thai lady claim 50% of this money and ask for divorce?

According to CCC Section 1471 (3) she can't.

[ludditeman]

good question, someone get married to a thai lady, 2 months later your oncle, parent or a grand parent die and you see you have been credited of XXX'000 $ in your bank account in the USA, or europe.

what could happen?

can the thai lady claim 50% of this money and ask for divorce?

According to CCC Section 1471 (3) she can't.

Why would you even tell her you had inherited money?

"My uncle just died, no money, I had to pay for the funeral", job done.

[Alex456]

Hello everyone,

I am wondering if any of you can help me. I am trying to get full custody of my son at the moment here in Bangkok. I was legally married and my name is in his birth certificate. I made the mistake of not having a translator when I signed the divorced papers. When I got it translated all we agreed at the time was OK except for one line where my now ex-wife stated that we were together for a longer time.

Here are the facts: We were together for a period of 4 years. We were legally married for 3 years and 9 months. However on the divorce paper she stated that we were together for a period of 6 years and we were legally married for 3 years and 9 months. This is a false statement on her part.

The only reason why someone would do that, as far as I can see from what I found online, is to cover up for not complying with the 310 days waiting time after a previous divorce or married already (bigamy is not against the law in Thailand). She told me she wasn’t married when I met her and right now I am looking for dirt on her to reinforce my case. I am planning to hire a PI to run a background check when the time comes, however the curiosity factor is not letting me sleep.

Anybody out there, by looking at my case, can see any other reason outside the above ones? Perhaps I will be able to sleep once again.

[ludditeman]

Don't waste your money, unless your wife is beating the child, you will not be given sole custody, no matter what she did in the past.

[Alex456]

Don't waste your money, unless your wife is beating the child, you will not be given sole custody, no matter what she did in the past.

Thanks for the reply. Just heard today from the PI (one of the most reliable in Thailand) that I am the only husband she had and my son is her only kid. Got a very comprehensive report with registration numbers and all so it's 100% real. I will have to go for 50% custody for me to have say to my son education and everything else. Thanks again

[thehelmsman]

If a marriage with a Thai is registered with Embassy and a divorce occurs........ Is she not able to claim 1/2 of appreciation of property assets in the US - the same as if you were married in the states. To include Soc. Sec., pension and bank assets????

[ludditeman]

If a marriage with a Thai is registered with Embassy and a divorce occurs........ Is she not able to claim 1/2 of appreciation of property assets in the US - the same as if you were married in the states. To include Soc. Sec., pension and bank assets????

Cross out 'registered with Embassy'

Yes she can, if she can get access to the USA legal system, if she knows she is entitled, and if she knows there is anything worth having.

A good reason to keep your mouth shut about your assets and income, and not let them have visas to visit your home countries.

[jji23]

Hi Everyone,

I just have 1 question. Do we have to return to the Amphur Office where we registered or can it be done at the 1 we live in now?

Thanks

[Mario2008]

You can file for divorce at any amphur. Just show up together.

Do take both marriage certificates with you, they will be switched for a less colouful divorce certiicate.

[jji23]

Hi,

I just want everyone to know that I went with my wife to lak si district office with passport and marriage very etc, and was told that I have to go through the same long process that I had to to get married. First, go to embassy to get a certificate to divorce! (What is that?) 2nd, have it translated, third certified at chaeng wattana, finally go back to district office then divorce! <deleted>?

Posted with Thaivisa App http://apps.thaivisa.com

[Mario2008]

That would only make sense if you were married abroad and not in Thailand.

I would simply try another amphur, maybe Ban Rak.

[ludditeman]

Hi,

I just want everyone to know that I went with my wife to lak si district office with passport and marriage very etc, and was told that I have to go through the same long process that I had to to get married. First, go to embassy to get a certificate to divorce! (What is that?) 2nd, have it translated, third certified at chaeng wattana, finally go back to district office then divorce! <deleted>?

Posted with Thaivisa App http://apps.thaivisa.com

And the question I always ask, when someone claims to have been given false information by Thai officials

Who told you that?

Did the Amphur staff speak English? Do you understand Thai?

or did someone with a vested interest in stopping the divorce act as translator for you?

List of what is required at Amphur office for divorce

One of the two Thai marriage certificates, your passport, her ID card, her Tabian Baan book, her co-operation, 30bht, someone to support you who can understand Thai, their passport or ID card, someone to support her and their ID card.

Edited February 18, 2012 by ludditeman