Can 2 Foreigners Married Outside Thailand Legally Divorce In Thailand?

[Utterlyuseful]

Is it even possible, and if so is there a simple explanation of the procedure?

Thanks….

[mjnaus]

As long as you're not legally married in Thailand, I can't see how it would be possible to get divorced...

[Svadhistana]

No, you cannot.

[Blueeyes1999uk]

No you can't - I had to pay (!) a lawyer in the U.K. to do my divorce before I could remarry in Thailand (with the appropriate paperwork, translations etc).

[sas_cars]

I guess you can divorce at your country's embassy

[chickenslegs]

This link may be useful to you (if British)

Overseas Divorces

Seems a divorce obtained in a Thai Court is legal in the UK - under certain circumstances. Probably best to have a chat with one of the English speaking lawyers here in Thailand.

From the website

SET13.4 Recognition of overseas divorces which took place on or after 4 April 1988

Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

• it is effective under the law of the country in which it was obtained; and

• at the relevant date (i.e. the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.

The term “judicial or other proceedings” requires that there should have been some formal proceedings, either before a court or some other formal body recognised by the state for that purpose (e.g. in Pakistan the Union Council). It is an important aspect that the judicial or other body should be impartial as to the outcome of the proceedings.

An overseas divorce obtained otherwise than by means of proceedings is recognised in the UK if:

• it is effective under the law of the country in which it was obtained; and

• at the relevant date (i.e. the date on which the divorce was obtained), both parties were domiciled in that country or one was domiciled there and the other was domiciled in a country which recognised the divorce; and

• neither party had been habitually resident in the United Kingdom throughout the period of one year immediately preceding that date.

The term “otherwise than by means of proceedings” covers, for example, a meeting of family members convened to dissolve a West African customary marriage or to hear the pronouncement of talaq.

[eefoo]

NO! is the simple answer to your question. Why would you think that Thailand can dissolve a marriage made in another country? It has to be done in the country it was originally registered in.

[rucus7]

I did, in 2008. If both parties agree on the settlement terms. An attorney writes the agreement,signed by both parties in person and notarized at the embassy. The papers filed in home country. I have a binding legal divorce without leaving the Country.

[Rumblecat]

NO! is the simple answer to your question. Why would you think that Thailand can dissolve a marriage made in another country? It has to be done in the country it was originally registered in.

That's not true though, as the post above yours illustrates.

[Mario2008]

Normally you can divorce in the country you are living in, although having married in another country. Of course usually both spouses would need to be living in Thailand.

Regarding the division of property and alimony, the law of the country where you married migth apply instead of Thai law. Thai law wil pobably not recognise that, but property in your own country might still be affected by the rule that the law under which you married applies.