Divorce From Thailand

[joehawkins]

Hi everyone ,

I'm sure this question has been asked before , but I am not getting any sense from Government depts in the UK,

I was legally married to a Thai lady several years ago in my local registrar in the UK , and we have recently agreed to an ammicable divorce , as the marriage certificate

is a UK one and she is currently in Thailand with no intention to return to the UK , does anyone know if the UK government will accept and recognise

a divorce if is done in Thailand by paper or at a push even if I have to appear at a court in person in Thailand

many thanks in advance for any advice with this subject

[craigt3365]

Let's try this over in the Marriage and Divorce forum.

Topic Moved.

[sumrit]

I was married and divorced at an Amphur in Thailand then I remarried in Thailand While my ex wife stayed in the UK and remarried to another Englishman so I know the UK Government recognise a divorce from Thailand. I'm not sure if you'll be able to get a 'quickie' divorce at an Amphur using a UK marriage certificate though, as one of the requirements there is that each party have to present their original Thai marriage certificate (or a certified copy of the original Amphur marriage registration). I think you'll have to go to court.

[Thanyaburi Mac]

Joe

Believe the UK does recognize Thai divorces. And, if it's by mutual consent, easy to do here. BUT, you'd better check out the validity of a Thai divorce by mutual consent.

These two urls also ff the www:

Check out these urls from your Home Office:

http://search.homeoffice.gov.uk/search?q=divorce+overseas&entqr=0&ud=1&sort=date%3AD%3AL%3Ad1&output=xml_no_dtd&oe=UTF-8&ie=UTF-8&client=ukba_frontend&proxystylesheet=ukba_frontend&site=ukba_collection&Submit=Go

Below off the www, not by me.

Mac

a Yank

http://www.thailand-lawyer.com/divorce.html

See Our New Address and Contact Details:

Chaninat & Leeds

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Bangkok, Thailand 10110

Tel : (662) 168 7001 (-3)

Fax: (662) 168 7004

E-mail: [email protected]

Thailand Divorce

Our Thailand divorce lawyers assist in all aspects of obtaining an internationally recognized Thailand divorce.

General Considerations for Divorce in Thailand

While arranging a marriage in Thailand is a relatively straightforward process, procuring a divorce can be slightly more complicated. There are a variety of factors that come into play when assessing whether or not it is possible to receive a legalized divorce in Thailand. Generally speaking, if you or your spouse is currently residing in Thailand you can file for divorce in Thailand. If the divorce is mutually requested, the divorce proceedings are relatively simple. If one of the parties is unwilling or unable to participate in divorce proceedings, the legal process can be more complicated. Due to the variety of factors that can be involved it is usually necessary to enlist the services of a legal professional to guide you through this process. We are familiar with many of the individual variances that arise in complicated divorce proceedings and our divorce attorneys provide personalized service to meet your unique needs.

How do I get a Thailand divorce if both my spouse and I consent to the divorce?

If you previously registered your marriage at a local district office (Khet or Amphur) you may register for an administrative Thailand divorce. Performing an administrative divorce at the local district office requires that you and your spouse do not have disagreements over child custody or property ("an uncontested divorce"). If there are assets to be divided or issues regarding custody of children it is advisable to have a lawyer present in this type of administrative divorce. It is generally a good idea to draw up a divorce agreement in advance.

When registering the divorce, officials may ask you questions about your future plans, financial situation, and children (if any) and then ask you to fill out forms detailing the terms of divorce and other matters. The divorce must be certified by two witnesses.

If the divorce is contested, however, then the parties should proceed through the court system. In order file a court action for divorce either the Plaintiff or Defendant (or both) must be a resident of Thailand.

What if my spouse does not consent to a divorce?

If your wife or husband will not agree to a divorce then you need to file with the courts for a divorce "for cause". In order to proceed with a divorce in this instance you will need to assert grounds for divorce and you must make a personal appearance in court. In Thailand grounds for divorce generally include:

* A 3 year period of separation

* One spouse has deserted the other for over one year

* The husband has taken another woman as his wife

* The wife has committed adultery

* One spouse is guilty of misconduct (criminal or otherwise)

* One spouse has been imprisoned for more than one year

* One spouse has physically or mentally harmed the other

* Lack of marital support

* One spouse has had incurable insanity for at least 3 years

* One spouse has broken the bond of good behavior

* One spouse has an incurable communicable disease

* One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

What if either my spouse or I is living overseas?

If the divorce is uncontested both parties will need to appear at the Amphur office to register the divorce. If you are married and your spouse does not agree to a Thailand divorce then you will need to obtain a judgment from the Court. If you are living abroad, a lawyer can file a divorce claim on your behalf. However, you must appear in person when the divorce claim is heard by the court.

If your spouse is not present or will not return to Thailand to contest the divorce, you may still be able to proceed provided that he or she has been given adequate notice of the divorce action. Service must be applied through a Thai court if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstances. If your spouse does not respond to service from the court the divorce case may precede based on default.

How is property and outstanding debts divided in the event of divorce?

Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are generally considered community property with both spouses having an ownership right. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.

Debts incurred during the marriage, whether they are household, medical, or educational, are in general the responsibility of both parties.

What if I have a prenuptial agreement?

Prenuptial agreements are allowed in Thailand provided they meet the procedural requirements of Thai law. A properly executed prenuptial agreement is generally considered a valid legal agreement in other various jurisdictions. In order for a prenuptial agreement to be valid in regard to a marriage registered in Thailand it had to have been signed by both parties, as well as two witnesses, and must have been previously submitted to the local district office.

Related Topics: Thailand Prenuptial Agreement, Marriage in Thailand, Thailand Investigators

(Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.

Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.)

[joehawkins]

Many thanks for your replies gents , from what I can gather from the home office, it would appear that it is only recognised in the UK if both parties were not in the UK for more than one year, either way I have got a better info here than I have from telephoning the relative departments in the UK , once again many thanks

[Mario2008]

A Thai divorce is recognised by the UK.

I think you are mistaken about that the Uk will only recognize if BOTH parties do not reside in the UK. Normally it would be a requirement that at least 1 party does no lonegr rside in the UK.

For a Thai divorce, the marrriage will probably need to be registered first in Thailand. That means have the wedding papers legalised at the embassy and then translated and certified by the Foreign office. Than you can notify the Thai registrar of the wedding and get a divorce.

A marriage setllement will not always be recognised, especially if the settlement will leave one of the parties in the cold it might be challenged in the UK courts.

[joehawkins]

Thank You Mario , so basically I have to have the Marriage certified at the British Embassy in BKK - Translated into Thai then have a Thai court will recognise it ?, please excuse my ignorance if this is not correct

[Mario2008]

See what the Embassy requires to legalize it. Than have the document translated near the embassy. With the documents you next go to the Thai Foreign Office, consular section. They give their stamp and now you can go to any amphur in Thailand to have it registered there. The translation agency can take care of the Thai Foreign Ministry part for you.

Will probably need to go both for the registration at the amphur, as her details on the smartcard and household registration book need to be updated.

Then the Thai government will know of the marriage and the way to divorce is open.

[joehawkins]

Thank you very much for your help and advice , I presume this is the British Embassy in central Bangkok and there are plenty of translators nearby ? - My ex to be is from Udon Thani - would it better to go to court there? being local and everything

[Mario2008]

if you divorce at the amphur, you can divorce anywhere. Just show up together and be in agreement.

If you want a divorce at the court, there must be a valid reason for it (desertion in your case will do it) and you will probably need to go to the court for the area where your wife is registered in the household registration book.

Translation agencies are located near all embassies, and also near the Thai Foreign Office, consular department.

[joehawkins]

Hi Folks ,

Me ex to be - went to the British embassy yesterday and claims she was told by a member of staff that as our marriage was made in the U.K. the divorce must be done from there ( the U.K ) , I find this bemusing as I have been informed it is possible to divorce in Thailand - providing we have the original marriage certificate stamped and translated and simply go to a local amphur

.

Does anyone have any idea has there been a sudden change in the rules or is this person at the embassy misinformed ? or where may I find the correct up to date information ?

all advice greatly appreciated , Thank you.

[Mario2008]

The embassy is misinformed.

You must first register the foreign marriage at an amphur in Thailand and than can proceed with the divorce. What could be meant is that a divorce settlement, not the divorce itself, can be contested in the UK if it would seem to be unfair under UK-law/contradicts Uk-law.

[joehawkins]

Hi Chaps - an update , I managed to get the divorce yesterday - the proceedure went as follows -

I got an affirmation of my marriage certificate at the British embassy - cost 2,500 Baht

then had the affirmation and my original UK marriage certificate translated in to Thai - cost 1800 baht

then had these documents stamped at the Thai ministry of foreign affairs ( near Don Muang ) - I payed for the express same day service which cost 800 baht

Then went to an amphor with my ex and began the divorce proceedure - the marriage certificate is converted to a Thai marriage certificate so that the marriage is recognised in Thailand

I was then informed that because I did not have the first page of my passport translated in to Thai and stamped at the ministry of foreign affairs I would have to continue the divorce proceedure at another Amphor

at a cost of 5000 baht - due to the urgency we went ahead with this ( it smelt of corruption to me but hey ho ) we then went to another Amphor where the divorce certificate was produced.

so all in all it was exactly how Mario described things , once again many thanks for your help in this as I was clueless , my only tip for anyone in the same boat would be to make sure you have the fist page of your passport

translated. Cheers guys . Joe Hawkins now a free man

[Mario2008]

You should not have had to pay anything at the amphur, besides maybe 50 baht or so for a few copies. Did you get a receipt for the 5,000 baht? if not that normally says enough.

Your name in Thai was already on the translated affirmation letter from your embassy.

Thanks for confirming the procedure.

Enjoy your freedom.

[joehawkins]

Thanks Mario ,

I did not not get a receipt for the 5000 baht - and agreed that pretty much speaks volumes , but unfortunately it was really a case of being a stranger in a strange land and having to go with the flow, considering if I did not

obtain the divorce I stood to lose a lot, it was a small price to pay.

But as mentioned I can confirm is definately the proceedure , BTW anyone in the same boat - expect a long wait at the Thai ministry of foreign affairs -I payed for the express service - no complaint s about the staff as they are helpful and polite - but it took 6 hours to get a few stamps

all the best Joe Hawkins