Thai Devource But Home Country Does Not Accept

[Grove]

Hi.<br /><br />I need some advice. I was married to my Thai wife in South Africa three years ago. She registered that marrige without me knowing in Thailand. She has now sued for a devource over here. My problem is that SA doesn't recognice a devource granted in Thailand. What now. Any similar cases ?

[Mario2008]

I can't think of any reason why SA wouldn't recognize a Thai divource, I would check it again if I where you with the Thai embassy for SA and the SA-embassy for Thailand.

If they indeed do not accept it, you could divorce in SA.

[gregb]

You need to be more specific about what you are asking.

Are you currently in South Africa or Thailand?

There are many countries who have domestic legal requirements regarding divorce, and you need to make sure that your divorce process meets the requirements of both jurisdictions when you divorce internationally. Usually however, it is not the divorce itself that is unrecognized, as that can only be executed in one place, it is simply the divorce settlement that comes into conflict. That means the court in South Africa may not recognize the judgement of the Thai court regarding distribution of assets in South Africa.

Can you state your case more clearly? Where are you and your wife currently living, how long have each of you been living at that location,and what specific statute leads you to think that a divorce properly executed in Thailand would not be recognized by South Africa? Obviously you must divorce in the country that currently has jurisdiction. If you have both been living in Thailand for a period of time (usually 12 months) it would seem that Thailand would have jurisdiction in the case.

[Grove]

We are both currently staying in Thailand for the last nine months. We have been in SA for a year and a half prior to our return. According to the SA Embassy in Bangkok, we have to get the devource in SA and then use that judgement to cancel the marrige registration in Thailand. It is therefore my question as to why the court is accepting such a case. Mabe it is more about the devision of property than the devource?

You need to be more specific about what you are asking.

Are you currently in South Africa or Thailand?

There are many countries who have domestic legal requirements regarding divorce, and you need to make sure that your divorce process meets the requirements of both jurisdictions when you divorce internationally. Usually however, it is not the divorce itself that is unrecognized, as that can only be executed in one place, it is simply the divorce settlement that comes into conflict. That means the court in South Africa may not recognize the judgement of the Thai court regarding distribution of assets in South Africa.

Can you state your case more clearly? Where are you and your wife currently living, how long have each of you been living at that location,and what specific statute leads you to think that a divorce properly executed in Thailand would not be recognized by South Africa? Obviously you must divorce in the country that currently has jurisdiction. If you have both been living in Thailand for a period of time (usually 12 months) it would seem that Thailand would have jurisdiction in the case.

[beano2274]

The marriage is only registered in Thailand. I think SA is a bit like Thailand in that you must get divorced there.

Edited July 25, 2011 by beano2274

[gregb]

We are both currently staying in Thailand for the last nine months. We have been in SA for a year and a half prior to our return. According to the SA Embassy in Bangkok, we have to get the devource in SA and then use that judgement to cancel the marrige registration in Thailand. It is therefore my question as to why the court is accepting such a case. Mabe it is more about the devision of property than the devource?

You need to be more specific about what you are asking.

Are you currently in South Africa or Thailand?

There are many countries who have domestic legal requirements regarding divorce, and you need to make sure that your divorce process meets the requirements of both jurisdictions when you divorce internationally. Usually however, it is not the divorce itself that is unrecognized, as that can only be executed in one place, it is simply the divorce settlement that comes into conflict. That means the court in South Africa may not recognize the judgement of the Thai court regarding distribution of assets in South Africa.

Can you state your case more clearly? Where are you and your wife currently living, how long have each of you been living at that location,and what specific statute leads you to think that a divorce properly executed in Thailand would not be recognized by South Africa? Obviously you must divorce in the country that currently has jurisdiction. If you have both been living in Thailand for a period of time (usually 12 months) it would seem that Thailand would have jurisdiction in the case.

The length of time you have been staying in Thailand may be the reason you are getting this answer from them. A simple web search says the following:

http://www.divorceonline.co.za/pg/qanda.php

A: The Jurisdiction of the Divorce Act states as follows:

".A court shall have jurisdiction in a divorce action if the parties are or either of the parties is:

(a) domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or

( ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date."

So you may find that in 3 months South Africa no longer has jurisdiction in your case and you can get divorced in Thailand. I would contact a family lawyer in South Africa and find out the exact law and how it is applied. Overlapping jurisdiction is a common problem for many countries, not just South Africa.

[PattayaParent]

The length of time you have been staying in Thailand may be the reason you are getting this answer from them. A simple web search says the following:

http://www.divorceon...za/pg/qanda.php

A: The Jurisdiction of the Divorce Act states as follows:

".A court shall have jurisdiction in a divorce action if the parties are or either of the parties is:

(a) domiciled in the area of jurisdiction of the court on the date on which the action is instituted; or

( ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date."

So you may find that in 3 months South Africa no longer has jurisdiction in your case and you can get divorced in Thailand. I would contact a family lawyer in South Africa and find out the exact law and how it is applied. Overlapping jurisdiction is a common problem for many countries, not just South Africa.

But he'll have to get married again in Thailand to do that!!

Edit: removed nested quotes

Edited July 25, 2011 by PattayaParent

[Grove]

As I read the attached link, ( under if both parties are abroud), it seems that a devource can take place through a Thai court, as long as it uses SA law in the procedings. Can anyone confirm that ?,

[JeffreyMcCollum]

How could it be registered in Thailand without you here ?

Yesterday I had to be there to sign the paperwork

[Grove]

That's what I wanted to know, but according to my local Lawyer it is 100% legal. I have the docks. Signed by whitnesses etc.

[soundman]

That's what I wanted to know, but according to my local Lawyer it is 100% legal. I have the docks. Signed by whitnesses etc.

I don't see how she possibly could register the marriage in Thailand without you knowing.

If you registered your marriage in Thailand, you would have had to go to the amphur office and sign the marriage register book in person. If you did not do this, your marriage is not registered in Thailand.

Maybe I'm wrong, however I would investigate this further, maybe independent from your lawyer, who might not be entirely on your side.

[Mario2008]

As I read the attached link, ( under if both parties are abroud), it seems that a devource can take place through a Thai court, as long as it uses SA law in the procedings. Can anyone confirm that ?,

That depends on whether both countries are party to cetain treaties. If both are, it is possible to divorce under SA law in Thailand.

A lawyer should be able to tell you if this is possible.

[Mario2008]

How could it be registered in Thailand without you here ?

Yesterday I had to be there to sign the paperwork

The didn't marry in Thailand, but in South Africa. The only thing that happend at the amphur in Thailand is that they recorded that his wife got married in South Africa. Not sure if that would require both spouses to apply.

[soundman]

How could it be registered in Thailand without you here ?

Yesterday I had to be there to sign the paperwork

The didn't marry in Thailand, but in South Africa. The only thing that happend at the amphur in Thailand is that they recorded that his wife got married in South Africa. Not sure if that would require both spouses to apply.

Not that the wife is any sort of expert, but she says that it doesn't matter where they got married, they would (both) have to register at the amphur, or embassy for the marriage to be recognised by Thai law.

Which leads to the question: Does Thailand recognise a marriage of a Thai citizen(s) legitimately recorded in a foreign country?

[Mario2008]

As said you don't get married. You only register in the sense that you notify the Thai government that you are married. The foreign marriage is fully recognised by Thailand and the day you got married abroad will be your wedding date, also for Thai law. Even if you do not notify the Thai government of the marriage, the marriage is still legal and accepted by the Thai government.

Instead of a Khor rhor 2 form (wedding registration), you also get a khor rhor 22 form when you register your foreign marriage.

[Grove]

As said you don't get married. You only register in the sense that you notify the Thai government that you are married. The foreign marriage is fully recognised by Thailand and the day you got married abroad will be your wedding date, also for Thai law. Even if you do not notify the Thai government of the marriage, the marriage is still legal and accepted by the Thai government.

Instead of a Khor rhor 2 form (wedding registration), you also get a khor rhor 22 form when you register your foreign marriage.

That is correct. I am in posession of a Khor rhor 22 form. That still remains with the question as how can the Thai court come into play as I were not legally married in Thailand but only the marrige has be registered here for their knowlage.

[Mario2008]

The question is when a S.A-court will recognize a Thai court decision. That question is best asked to a lawyer, as it involves, as gregB suggested, the competency of a court.