An Uncontested Divorce Advice

[ianmccaig]

Hi can anyone help with the information I require, I have posted before regarding an uncontested divorce, thanks to everyone who took the time to reply, much appreciated.

I request what I think is a simple answer to my next question.

I have been with my Lady for four years now, I’m from the UK, she is a Thai National, and we married at the Amphur office in Bangkok, about 3 months ago.

But sadly our marriage has failed in that short time, I was with her for only three weeks in Thailand and it all went wrong. I’m still friendly with her now, and we have agreed to divorce.

The questions are, what are the required documents to go to the same Amphur office for an uncontested divorce.

I’m willing to give her, and this is by private arrangement, 100,000 Baht cash, pay her expences to change her ID card, passport name etc, to her previous maiden name, and give her 5000 Baht per month for a maximum of one year, just to help her until she finds a decent job, this is by our private arrangement, we are both OK with this, I believe she is OK with this, and I will honour our agreement.

We have no children or assets together in Thailand or the UK and we don’t need a lawyer regarding division of assets, but I believe we need a divorce agreement letter. Can anybody say if this is necessary.

We don’t want any complications mainly caused by Lawyers to justify their huge fees, just a simple go to the Amphur office sign a piece of paper with no complications, making it simple with no animosity, we are still friends.

Do I need a translator to go to the Amphur office with me, and do I have to get my passport authenticated at the British Consular Office, and stamped by the Ministry of Foreign Affairs?

Do I need a divorce agreement letter.

What do I do.

Can anyone please advice?

Thanks

Ian.

[Mario2008]

Under Thai law there is no wife support, you only divide what was gained during the marriage. If you make other arrangements that is of course fine.

You should make a letter (contract) in which you state the agreement you both come to, in Thai. That you enter into the divorce register together with the divorce and with that it will be a binding contract.

Other than this agreement you will need both your Id-card/passport, household registration book and the two marriage certificates. These will be replaced with a divorce certificate.

You also need two witnesses, but mostimes the amphur provides them.

You can go to any amphur you want, so chose one where a lot of foreingers are living.

Changing Id-card etc will not cost much. if she needs a new passport that will 1,000 baht, the rest is probably free.

[bridge2bridge]

Under Thai law there is no wife support, you only divide what was gained during the marriage. If you make other arrangements that is of course fine.

You should make a letter (contract) in which you state the agreement you both come to, in Thai. That you enter into the divorce register together with the divorce and with that it will be a binding contract.

Other than this agreement you will need both your Id-card/passport, household registration book and the two marriage certificates. These will be replaced with a divorce certificate.

You also need two witnesses, but mostimes the amphur provides them.

You can go to any amphur you want, so chose one where a lot of foreingers are living.

Changing Id-card etc will not cost much. if she needs a new passport that will 1,000 baht, the rest is probably free.

This info spot on, i went through this last year.

GOOD LUCK WITH IT.

[ianmccaig]

Hi thanks for that information, we want to keep it simple, I understand we have to go to the Amphur office, but what I dont understand is what is the agreement letter we have to make, can't we just go to the office and do things verbally, I will give my lady the £2000 as agreed only when she sighns the divorce papers and she trusts me to send 5000Bht every month for the next year.

I dont know where to start with the agreement letter and is it compulsory for us to do it ? we want things very simple.

If the divorce agreement is required do we need a Layer, and go and have it traslated etc, I would like some step by step advice if anyone can give me that, I dont want it protracted and drawn out, its painfull enough as it is

Thanks

Ian

[Mario2008]

The agreement letter is entered into the register as well and with that you have an official contract, that can be enforced in court.

If your spouse is satisfied with a verbal agreement, than that is OK. It is just not easy to enforce as there is no written document so it is difficult to proof what was decided.

The document would be in Thai and can be made by a lawyer. Because it is in Thai a translation would be advisable, so you know what you sign.

But the agreement can also protect you, by stating that with the lump sum and 5,000 a month for 1 year she will have no further caims on you. So there are no assets acquired during the marriage to divide, which include any debts.

[Invasian]

To elaborate for the extra £500-£700 you get a legally binding agreement drafted by a Lawyer. Just protection and someone to handle the transactions and negotiations.

You also don't need to be there for most of it, showing up only to sign at the Amphur.

I find it funny, happened to me, you are with the girl for ages and once married it seems to turn to shit. Mine only after a month of marriage.

I wouldn't trust her and going to the Amphur together, for her only to change the "goal posts"

With my previous dilemma, she changed her mind abuout 5 times, costing me both money and time on each occasion.

Good luck.

Edited February 9, 2012 by Invasian

[Noodles]

Sorry to hikack this thread, but i too will be divorcing soon with no contest from her. We now

live in different parts of Thailand. She has just told me that she will go to the Amphur and get the

document and have it sent to me to sign? And I can send back? I thought we both had to be there?

Also I have my marriage certificate with me, but she has ripped hers up in one of her tantrums, will

one marriage cert be ok?

Thanks for any advice on this matter

[Mario2008]

You both have to go to the amphur in person, but i'm not sure if you both have to go to the same amphur. The first amphur might certify the signature of your wife so the second amphur knows it is a real consent given by her in person and then can proceed.

As said, not sure about this. Inquire at the amphur first.

[Noodles]

You both have to go to the amphur in person, but i'm not sure if you both have to go to the same amphur. The first amphur might certify the signature of your wife so the second amphur knows it is a real consent given by her in person and then can proceed.

As said, not sure about this. Inquire at the amphur first.

Ok thanks I will call the local amphur here and ask, thanks

[prakhonchai nick]

I have a question regarding a neighbour.

Thai girl married a Brit 6 years ago. Separated 5 years. She wants a divorce and he agrees. However he cannot come to Thailand.

Is there any way an amphur will accept documents provided by the husband to permit the divorce. Alternatively can a Thai lawyer represent him at the amphur?

Advice please Thanks. Nick.

[agogohome]

I have a question regarding a neighbour.

Thai girl married a Brit 6 years ago. Separated 5 years. She wants a divorce and he agrees. However he cannot come to Thailand.

Is there any way an amphur will accept documents provided by the husband to permit the divorce. Alternatively can a Thai lawyer represent him at the amphur?

Advice please Thanks. Nick.

If they've been separated more than 4 years - and she can prove it, I think she can do the process without any involvement from him. I thinks its called abondondment.

[agogohome]

I have a question regarding a neighbour.

Thai girl married a Brit 6 years ago. Separated 5 years. She wants a divorce and he agrees. However he cannot come to Thailand.

Is there any way an amphur will accept documents provided by the husband to permit the divorce. Alternatively can a Thai lawyer represent him at the amphur?

Advice please Thanks. Nick.

If they've been separated more than 4 years - and she can prove it, I think she can do the process without any involvement from him. I thinks its called abandondment.

[marstons]

i just went with ex marriage certificate to another office to where we got married with my passport and old marriage certificate, she had her id and marriage certificate. Asked did we agree on every thing together as in no disputes money wise 0 baht settlement both said yes that was it. Make sure you both agree because they will ask do you agree with settlement. I think we got charged for a photo copy of something. Easy as. I had a lodger a few weeks ago i told him this is how i did it and he did same and again no probs. As for giving the money sod that for a lark, why?. Still your money. Give her the money if you must when you leave the office when all is sorted., no need for letters.

Edited July 17, 2012 by marstons

[agogohome]

i just went with ex marriage certificate to another office to where we got married with my passport and old marriage certificate, she had her id and marriage certificate. Asked did we agree on every thing together as in no disputes money wise 0 baht settlement both said yes that was it. Make sure you both agree because they will ask do you agree with settlement. I think we got charged for a photo copy of something. Easy as. I had a lodger a few weeks ago i told him this is how i did it and he did same and again no probs. As for giving the money sod that for a lark, why?. Still your money. Give her the money if you must when you leave the office when all is sorted., no need for letters.

Correct. In and out the office in 20 minutes. Only requires passport/I.D card, marriage certificate(s) and some signatures....Oh, and 20 Baht if my memory serves me right

Edited July 17, 2012 by agogohome

[Mario2008]

You can divorce at two different amphurs. There recently was a thread about a person in the same position. The embassy in London will act as amphur for him and he goes to sign the papers there, while she goes to sign the papers at an amphur in London. One of the amphurs will send the papers, legalised by them, to the other amphur and you are divorced.

I recommend that papers are send to the amphur in Thailand and the divorce takes place there, as a divorce at the Thai embassy is normally bot recogised by the UK, but an amphur divorce is.

[prakhonchai nick]

You can divorce at two different amphurs. There recently was a thread about a person in the same position. The embassy in London will act as amphur for him and he goes to sign the papers there, while she goes to sign the papers at an amphur in London. One of the amphurs will send the papers, legalised by them, to the other amphur and you are divorced.

I recommend that papers are send to the amphur in Thailand and the divorce takes place there, as a divorce at the Thai embassy is normally bot recogised by the UK, but an amphur divorce is.

Thanks Mario. That is very interesting.

One problem though, the man is in Scotland, and there is only a consulate in Glasgow. Is it likely that a consulate could act as an amphur? I don't think he is willing to offer any significant assistance such as travelling to London.

[Mario2008]

She can have a look here for some more info in Thai: http://www.thaiembassyuk.org.uk/?q=node/9

Glasgow is probably a honorary consulate, so I suspect they cannot be of service. But you best inquire at the embassy.

If he doesn't wan't to cooperate, she can only start legal proceddings at court for reason of abandonment. Which will cost a lot.

[WarpSpeed]

The agreement letter is entered into the register as well and with that you have an official contract, that can be enforced in court.

If your spouse is satisfied with a verbal agreement, than that is OK. It is just not easy to enforce as there is no written document so it is difficult to proof what was decided.

The document would be in Thai and can be made by a lawyer. Because it is in Thai a translation would be advisable, so you know what you sign.

But the agreement can also protect you, by stating that with the lump sum and 5,000 a month for 1 year she will have no further caims on you. So there are no assets acquired during the marriage to divide, which include any debts.

Therefore do it English first and then have it translated to Thai but you don't have to use a lawyer for that as there are always translators to be found around the local government offices.. Being married here before much of the same process applies only in reverse..

Edited September 7, 2012 by WarpSpeed

[lopburi3]

Just as for marriage there will be information entered for divorce and for that you would need the letter of agreement or a translator present to inform you of what was being written down as the agreement (so you should have a trusted translator at a minimum). It is a very simple process with agreement but you do need to know what you are signing. I know a Thai couple near us divorced after about 30 years of marriage and officials tried to talk wife into demanding much more than she wanted as she was entitled (he was retired government official with pension) but she wanted nothing so turned out just joint occupation of home (they continued to live in same house until death).

[taninthai]

Sorry another one to hi jack the thread I am also getting a divorce after 5 years together 1 year married however my visa is an extension based on marriage I plan on staying 4 months longer after the divorce I know the visa is then technically expired I like to know do they put any marks on the visa stamp in passport after divorce would I still be able to get away with doing one more 90 day report after I'm divorced

[TommoPhysicist]

old topic

Edited October 20, 2012 by TommoPhysicist

[Mario2008]

Sorry another one to hi jack the thread I am also getting a divorce after 5 years together 1 year married however my visa is an extension based on marriage I plan on staying 4 months longer after the divorce I know the visa is then technically expired I like to know do they put any marks on the visa stamp in passport after divorce would I still be able to get away with doing one more 90 day report after I'm divorced

Nobody will mark your passport, so if you do a 90 day report from your normal adress nobody will notice. But if you come back to Thailand after leaving it might at sometime be noticed, for instance if you ever marry again.

Going for a double entry tourist visa in a Laos would solve your problems perfectly.

[taninthai]

^

thanks for the quick answer going for the divorce tommorow and my next 90 day report is nov 3rd so I will go with that ,don't have time to go and get tourist visa so it will save me alot of hassle

Thanks again

[jingjoe8]

my wife hasn't changed her id card to my name,so the amphur is asking her to do that then apply for divorce,they also say we need to bring our own witnesses because they don't want to be responsible??,surely a witness is just there to witness a signing of a document,nothing more? correct or not

can the witness be a westerner or do they need to be thai?.

Edited November 12, 2012 by jingjoe8

[TommoPhysicist]

my wife hasn't changed her id card to my name,so the amphur is asking her to do that then apply for divorce,they also say we need to bring our own witnesses because they don't want to be responsible??,surely a witness is just there to witness a signing of a document,nothing more? correct or not.

You need one each, one for her, one for you and they are not really witnesses, they are your representatives and advisors to confirm neither of you are being cheated. The one for you should speak enough Thai to interpret for you if you don't speak Thai. It is usual for each of you to a person you know and trust fairly well, not two of her friends, not two of your friends.

Edited November 12, 2012 by TommoPhysicist

[Farma]

Your wife needs to have an up to date ID card before they will proceed with the divorce. I've seen many people turned away being told to update their ID card.

Umphur officials only act as witnesses if they wish, they are not obliged to act as witness.

I haven't encountered a requirement for individual witnesses as mentioned above. The officials will ask you if you understand what is in the agreement and if you agree. If your Thai isn't all that good i recommend you take someone who can translate for you.

Edited November 12, 2012 by Farma

[Mario2008]

A wife is no loger required to take the last name of her husband, so that demand from the amphur seems strange.

Best is to have each a Thai witness, so the person knows what he signs and maybe translate for you. It cannot be a family member.

[Farma]

Mario, the problem comes if the wife indicated she would change her name when they registered the marriage. The Umphur records that as a name change and expect the wife to update her ID card to the new name.

I'm unsure If they require the ID updated to show her marital status if the wife stated at marriage registration that she would retain her ID card name.

Edited November 12, 2012 by Farma

[Mario2008]

Mario, the problem comes if the wife indicated she would change her name when they registered the marriage. The Umphur records that as a name change and expect the wife to update her ID card to the new name.

I'm unsure If they require the ID updated to show her marital status if the wife stated at marriage registration that she would retain her ID card name.

Yes, if she changed her last name to his then the ID-card needs to be updated.

I believe the new smart ID-card also logs the maritial status. It is a seperate issue from changing the last name. Marriage allows her to take the husbands name, but does not require it anymore.

[jingjoe8]

yes,the problem with the id card was she took my last name,but didn't get around to changing her id card or blue book