Advice On Australian - Thai Divorce

[khunandy]

My wife and I were married in 2006 in Australia but have lived mostly in Thailand since then. The marriage has been rocky for the last year or so and it has now come to light that she was involved with a Thai guy when we were married and has remained involved with him to this day. She wants a divorce, as do I, but does anybody know how I can go about it from Australia?

I dont expect (please god) any complications and would like it to happen as fast as possible.

Thanks for any assistance or info in advance

[harrry]

My wife and I were married in 2006 in Australia but have lived mostly in Thailand since then. The marriage has been rocky for the last year or so and it has now come to light that she was involved with a Thai guy when we were married and has remained involved with him to this day. She wants a divorce, as do I, but does anybody know how I can go about it from Australia?

I dont expect (please god) any complications and would like it to happen as fast as possible.

Thanks for any assistance or info in advance

As you are Australian just divorece in Australia. Court cost about $450 you will also need to arrange service of the documents.

Be warned she can then claim property rights,.

You can even lodge everthing online. See www.familycourt.gov.au

[harrry]

My wife and I were married in 2006 in Australia but have lived mostly in Thailand since then. The marriage has been rocky for the last year or so and it has now come to light that she was involved with a Thai guy when we were married and has remained involved with him to this day. She wants a divorce, as do I, but does anybody know how I can go about it from Australia?

I dont expect (please god) any complications and would like it to happen as fast as possible.

Thanks for any assistance or info in advance

As you are Australian just divorece in Australia. Court cost about $450 you will also need to arrange service of the documents.

Be warned she can then claim property rights,.

You can even lodge everthing online. See www.familycourt.gov.au

It would however be cheaper and easier to go directly to the amphur here with here and divorce free if she agrees. Instant and the settlement is what you have negotiated.

Edited July 16, 2010 by harrry

[sarahsbloke]

Just don't bother, forget she existed, much cheaper.

[harrry]

Just don't bother, forget she existed, much cheaper.

Bad advice. You would still be considered married and any increase in your wealth over your life would be common property.

[khunandy]

Would she have to come to Australia to lodge a claim? We have Thai and Australian assets, Australian in my name and Thai in hers.

We have agreed to leave each other alone in that regard but things can change

[khunandy]

My wife and I were married in 2006 in Australia but have lived mostly in Thailand since then. The marriage has been rocky for the last year or so and it has now come to light that she was involved with a Thai guy when we were married and has remained involved with him to this day. She wants a divorce, as do I, but does anybody know how I can go about it from Australia?

I dont expect (please god) any complications and would like it to happen as fast as possible.

Thanks for any assistance or info in advance

As you are Australian just divorece in Australia. Court cost about $450 you will also need to arrange service of the documents.

Be warned she can then claim property rights,.

You can even lodge everthing online. See www.familycourt.gov.au

It would however be cheaper and easier to go directly to the amphur here with here and divorce free if she agrees. Instant and the settlement is what you have negotiated.

We have no Thai marriage, so nothing could be done here could it? Unless it could help me in my Australian application.

[harrry]

Would she have to come to Australia to lodge a claim? We have Thai and Australian assets, Australian in my name and Thai in hers.

We have agreed to leave each other alone in that regard but things can change

If you have made your agreement do it here it is easier and cheaoper and safer too. A trip to Thailand can sort it all in five minutes, If she agrees in Thailand you can divorce by agreement. If you divorce in Australia you are opening yourself to the possibility of her receiving your Australian assets..or a large part.

Sorry didn't see that. It would involve the court here too. Australia is your best hope, Just keep your fingers crossed over the money. She will not have to go to australia.

Edited July 16, 2010 by harrry

[khunandy]

Just reading the family court website, it seems I would be better off "tidying" things up in Australia before applying for anything

[bdenner]

Just don't bother, forget she existed, much cheaper.

Wrong, they were married in Australia. A clean divorce through the Aust courts makes the OP's future much easier.

[gregb]

My wife and I were married in 2006 in Australia but have lived mostly in Thailand since then. The marriage has been rocky for the last year or so and it has now come to light that she was involved with a Thai guy when we were married and has remained involved with him to this day. She wants a divorce, as do I, but does anybody know how I can go about it from Australia?

I dont expect (please god) any complications and would like it to happen as fast as possible.

Thanks for any assistance or info in advance

As you are Australian just divorece in Australia. Court cost about $450 you will also need to arrange service of the documents.

Be warned she can then claim property rights,.

You can even lodge everthing online. See www.familycourt.gov.au

It would however be cheaper and easier to go directly to the amphur here with here and divorce free if she agrees. Instant and the settlement is what you have negotiated.

We have no Thai marriage, so nothing could be done here could it? Unless it could help me in my Australian application.

Don't understand this. You just take all the paperwork for your Australia marriage, get it translated to Thai, certify it at the Thai foreign ministry on Chaeng Wattana, walk into any ampur office, register the marriage, then walk over to the next window and get divorced.

What is the problem with this? Unless Australia is different than every other country in the world, they would recognize the divorce. The divorce process in Thailand allows both parties to agree on division of assets without going through a court.

[sarahsbloke]

Just don't bother, forget she existed, much cheaper.

Wrong, they were married in Australia. A clean divorce through the Aust courts makes the OP's future much easier.

You are quite right, I didn't realize they got married in Australia ..... disaster.

[Farma]

If you intend to divorce in Thailand an inquiry on the legality to an Australian lawyer would be worthwhile.

The Australian embassy Japan has this to say. (yes i know if refers to Japanese divorces) http://australia.or.jp/en/consular/divorce/

Recognition of Overseas Divorces in Australia

The rules for recognition by Australia of overseas divorces is set out in section 104 of the Family Law Act 1975 (Australia).

Basically, it is necessary to show that the parties to divorce proceedings, or one of them, have a strong connection with an overseas country, and there is no reason of public policy why the overseas divorce should not be recognized. It does not matter where the marriage took place.

The divorce does not have to be effected by court order, an administrative act such as registration of an agreement (as in Japan) can be sufficient.

For definitive advice on recognition in Australia of Japanese divorce proceedings, please contact the Family Court of Australia.

If you're into legal jargon a PDF download of section 104 of the Family Law Act 1975 can be found on this link. http://unpan1.un.org/intradoc/groups/public/documents/APCITY/UNPAN027160.pdf

"Part XII—Recognition of decrees - 104 Overseas decrees" appears on page 350 of the PDF download.

[khunandy]

Don't understand this. You just take all the paperwork for your Australia marriage, get it translated to Thai, certify it at the Thai foreign ministry on Chaeng Wattana, walk into any ampur office, register the marriage, then walk over to the next window and get divorced.

What is the problem with this? Unless Australia is different than every other country in the world, they would recognize the divorce. The divorce process in Thailand allows both parties to agree on division of assets without going through a court.

This sounds like the most attractive solution if it can be done. Has anybody had this experience? I can understand the Thai marriage / Divorce with supporting Australian marriage certificates etc. Would the Amphur divorce be recognised in the Australian legel system though?

I also believe we could meet at the Australian Embassey and sign the necessary paperwork witnessed by an official then lodged by post. Any previous experiences relayed would be greatly appreciated

Regards

Edited July 18, 2010 by khunandy