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Divorced Or Still Married, Question?


pepper1000

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Hello

I am seeking advice of those with legal knowledge and seek an exact answerr, and not guesses.

I was sued for divorce by my wife in Chiang Mai, November last year, the court order was issued during a succesful mediation, and my then wife was order to file the court order at the Amphur the following week day to affect the divorce and get the divorce certificate.

However, she did not file the court order with the Amphur and did hence not get the certificate issued.

Since then we have got back together and are wondering our legal standing as man and woman.

The question is, are will still married or not, do we have to nullify the court order, or go and sort this out at the Amphur.

I am looking for a exact answer, thank you for your time.

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From the Civil and Commercial Code:

Section 1531. In case where a marriage has been registered according to law, divorce by mutual consent takes effect from the time of registration.

Divorce by judgment of the Court takes effect on and from the time when the judgment becomes final; however, such judgment may not be set up to the prejudice to the rights of third persons acting in good faith unless the divorce has been registered.

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Question is if the divorce takes place with the court order or with the actual registering of the divorce. That is a very legal question.

I think you are still married, as no divorce was registered and that should be a requirement for a divorce. Otherwise people would presume you are still married, as that is what the official registeres say.

Your wife only received permission to divorce you, but she didn't actually divorced you would be my take. But the wording of the actual law are very important in this case. As said, seek competent legal advice.

Edit, I see that InterestedObserver found the relevant article.:thumbsup:

It says that you are divorced. Seems you better register the divorce and get married again straight away, with paperwork form your embassy again. Now you can have a second honeymoon.

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