Jake829 Posted April 29, 2012 Share Posted April 29, 2012 Can anyone tell me do you have to legally divorce your Thai wife in Thailand because that's where we married or can I get it annulled after 2 yrs of separation? BTW she is not interested in divorce Link to comment Share on other sites More sharing options...
Farma Posted April 29, 2012 Share Posted April 29, 2012 Take a look through the marriage and divorce sub forum as there's some good information there. Unless you can convince her to mutually agree to a divorce you are in for the long haul with a court divorce and all the legal fees and other expenses that go with it. Link to comment Share on other sites More sharing options...
Thongkorn Posted April 29, 2012 Share Posted April 29, 2012 its quite easy if she agrees, just go to the Amphur it very cheap , if she does not agree its about money, If you did not get married in an Amphur its not legal anyway. Link to comment Share on other sites More sharing options...
Jake829 Posted April 29, 2012 Author Share Posted April 29, 2012 We got married in Bkk all legal but she's not interested in divorce, a Thai did tell me I should wait 2 yrs and it would get annulled but I'm not sure about that!!?? Thx guys will check the marriage & divorce site Link to comment Share on other sites More sharing options...
farang000999 Posted April 29, 2012 Share Posted April 29, 2012 whats her logic? Link to comment Share on other sites More sharing options...
Jake829 Posted April 29, 2012 Author Share Posted April 29, 2012 Lol never knew Thais was logical in there thinking (rofl) basically she just wants to piss me off and hope she will get some money but she's got more chance of me putting my <deleted> in a bees nest before she gets any more out of me 1 Link to comment Share on other sites More sharing options...
BigJohnnyBKK Posted April 29, 2012 Share Posted April 29, 2012 Lol never knew Thais was logical in there thinking (rofl) basically she just wants to piss me off and hope she will get some money but she's got more chance of me putting my <deleted> in a bees nest before she gets any more out of me First question - why bother getting divorced, no reason to, and it's actually a great excuse as to why you can't get re-married at least legally. Assume no kids involved? But if you do want to make a clean break IMO you're stupid to let principles stand in the way of practicality. Fine and good if you're willing to go the high road, but much easier to just buy your freedom. Great negotiating stance you're starting from though. Just make her a low-ball offer, say half the sin sot, or her monthly allowance times four. Link to comment Share on other sites More sharing options...
Semper Posted April 30, 2012 Share Posted April 30, 2012 whats her logic? Baht. 1 Link to comment Share on other sites More sharing options...
lovelomsak Posted April 30, 2012 Share Posted April 30, 2012 Go ask a lawyer. He could give you reasons for divorce. A good one is wife stopped having sex with the husband. This is one of the best, the Thai women donot want their sex life talked about in a court room.And the lawyers will get right into their sexlife,they arenot shy or diplomatic here.If you get a lawyer and go the no sex route I feel it willnot even make to court you will have your divorce signed at the amphur,with maybe her lawyer there to make sure it happens and there is no court. If you donot go to a lawyer and she does them you are in a poor position.Always be first to apply for the divorce on your terms.If she counters hers maybe rejected as vengeful, and often is. Link to comment Share on other sites More sharing options...
Jake829 Posted April 30, 2012 Author Share Posted April 30, 2012 I've taken my money out of Thailand so she can't 1 baht now along with our son who she disowned, everything I have is in my name alone but she won't even come along to Bkk registry office and sign divorce papers for 300 baht, as I said she can't claim a bean but I just want this sponger out of my life and divorced with, but does desertion of the marriage qualify as grounds for a anullment!? Link to comment Share on other sites More sharing options...
Orac Posted April 30, 2012 Share Posted April 30, 2012 I've taken my money out of Thailand so she can't 1 baht now along with our son who she disowned, everything I have is in my name alone but she won't even come along to Bkk registry office and sign divorce papers for 300 baht, as I said she can't claim a bean but I just want this sponger out of my life and divorced with, but does desertion of the marriage qualify as grounds for a anullment!? I would strongly suggest you see a lawyer since there is a child involved as he could very well be used as a pawn by her in the future if legal custody has not been established properly. Link to comment Share on other sites More sharing options...
Geekfreaklover Posted April 30, 2012 Share Posted April 30, 2012 The best way to go is to oo to the amphur together and apply for a non-contested divorce. Simple and easy. Lasts about 30 mins. Make sure you have a translator so you know what you are signing. I seem to recall it costs about 30 baht. But. You mention she doesn't want to play ball. She can look at the alternatives. If you just disppear then she will have to wait three years and then pay a lawyer to get divorced. The lawyer will try to find you. You don't have to be found. If tthe court is satisified that you have abandoned her the judge will action the divorce. But why be a prick about it? I think you should discuss the options with her. If their are children involved please consider them first. Assets, property? Regards, GFL Up to you. Link to comment Share on other sites More sharing options...
Geekfreaklover Posted April 30, 2012 Share Posted April 30, 2012 Go ask a lawyer. He could give you reasons for divorce. A good one is wife stopped having sex with the husband. This is one of the best, the Thai women donot want their sex life talked about in a court room.And the lawyers will get right into their sexlife,they arenot shy or diplomatic here.If you get a lawyer and go the no sex route I feel it willnot even make to court you will have your divorce signed at the amphur,with maybe her lawyer there to make sure it happens and there is no court. If you donot go to a lawyer and she does them you are in a poor position.Always be first to apply for the divorce on your terms.If she counters hers maybe rejected as vengeful, and often is. A wife not having sex with a husband is not grounds for divorce in Thailand or any other country that I know of. Link to comment Share on other sites More sharing options...
Jake829 Posted April 30, 2012 Author Share Posted April 30, 2012 Firstly my son now lives with me as she abandoned the marriage due to her constant drinking and trying to extract as much baht as possible from me, secondly she won't even take my calls so I already had in mind what you said to go down the registry and file a divorce for 30 baht! Link to comment Share on other sites More sharing options...
lovelomsak Posted April 30, 2012 Share Posted April 30, 2012 (edited) Go ask a lawyer. He could give you reasons for divorce. A good one is wife stopped having sex with the husband. This is one of the best, the Thai women donot want their sex life talked about in a court room.And the lawyers will get right into their sexlife,they arenot shy or diplomatic here.If you get a lawyer and go the no sex route I feel it willnot even make to court you will have your divorce signed at the amphur,with maybe her lawyer there to make sure it happens and there is no court. If you donot go to a lawyer and she does them you are in a poor position.Always be first to apply for the divorce on your terms.If she counters hers maybe rejected as vengeful, and often is. A wife not having sex with a husband is not grounds for divorce in Thailand or any other country that I know of. Thats not what my lawyer tells me.It is grounds for divorce in Thailand ask any lawyer.Research before you type next time ok.Please. Edited April 30, 2012 by lovelomsak Link to comment Share on other sites More sharing options...
Farma Posted April 30, 2012 Share Posted April 30, 2012 (edited) Jake take a step back and do a search for divorce in Thailand. There are grounds for divorce and different ways a divorce can be achieved. A child adds extra considerations. If your wife is not prepared to meet at the Umphur and agree to a divorce you cannot waltz in there on your own and get a divorce. It takes 2 to tango. Both have to agree and that includes a properly prepared agreement on property and child custody/care. You have a couple of options as the situation you describe now stands. 1. Possibly the cheapest option. Sweet talk your wife into agreeing on asset split plus child custody and care. It's all about money. That could take a financial offer on your part. Once that agreement is made, I strongy advise you get legal assistance, then meet up at the Umphur for divorce. Get everything in writing and fully agreed especially matters relating to your child prior to attending the Umphur. 2. As it currently stands you need to go the court divorce route. That involves a lot of money, a lawyer, you to appear in court at least once plus months possibly a year or more for an outcome. Do yourself and child a favour and put some research into the matter. Edit - reading the pinned topic at the top of this sub forum "Thai Family Law" would be a good place to start. Edited April 30, 2012 by Farma Link to comment Share on other sites More sharing options...
Jake829 Posted April 30, 2012 Author Share Posted April 30, 2012 Yes I know I can't divorce without her there, I might divorce her from England which in the long run would be better for me and my son and his long term education, he holds dual nationality passports so it's not a problem Link to comment Share on other sites More sharing options...
transam Posted April 30, 2012 Share Posted April 30, 2012 Yes I know I can't divorce without her there, I might divorce her from England which in the long run would be better for me and my son and his long term education, he holds dual nationality passports so it's not a problem Yes I know I can't divorce without her there, I might divorce her from England which in the long run would be better for me and my son and his long term education, he holds dual nationality passports so it's not a problem Good luck chum. Link to comment Share on other sites More sharing options...
Geekfreaklover Posted April 30, 2012 Share Posted April 30, 2012 Firstly my son now lives with me as she abandoned the marriage due to her constant drinking and trying to extract as much baht as possible from me, secondly she won't even take my calls so I already had in mind what you said to go down the registry and file a divorce for 30 baht! Be careful. I divorced my ex and got sole custody of our kids in the amphur. There was a clause in the amphur agreement that meant that I didn't understand at the time ((lost in translation), but it basically said I had custody only in england. Not Thailand. I took her to a Thai court and won custody there. I know a bit about this. I've been through both the amphur and the court and got custody on both counts. You could take the kid and go to the the UK. Does she have a visa? could she get one? Link to comment Share on other sites More sharing options...
Geekfreaklover Posted April 30, 2012 Share Posted April 30, 2012 (edited) Go ask a lawyer. He could give you reasons for divorce. A good one is wife stopped having sex with the husband. This is one of the best, the Thai women donot want their sex life talked about in a court room.And the lawyers will get right into their sexlife,they arenot shy or diplomatic here.If you get a lawyer and go the no sex route I feel it willnot even make to court you will have your divorce signed at the amphur,with maybe her lawyer there to make sure it happens and there is no court. If you donot go to a lawyer and she does them you are in a poor position.Always be first to apply for the divorce on your terms.If she counters hers maybe rejected as vengeful, and often is. A wife not having sex with a husband is not grounds for divorce in Thailand or any other country that I know of. Thats not what my lawyer tells me.It is grounds for divorce in Thailand ask any lawyer.Research before you type next time ok.Please. Ground for Divorce in Thailand Maybe consider a new lawyer. See below Thai law. 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 physically or mentally harmed the other Lack of Maintenance and 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 and dangerous disease One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife Edited April 30, 2012 by Geekfreaklover Link to comment Share on other sites More sharing options...
Jake829 Posted April 30, 2012 Author Share Posted April 30, 2012 She had a spouse visa couple of years back but she's on imagrations shit list here for kidnapp of my boy hence which is why I went to royal courts of justice in London for ward of court and got him back, but what you said about waiting 3 years then citing "desertion of the marriage" sounds my best bet, thx dude! Link to comment Share on other sites More sharing options...
Farma Posted April 30, 2012 Share Posted April 30, 2012 Jake desertion is 1 year not 3. If you go that route in Thailand it still requires a lawyer, money and plenty of time to get a court ruling. Link to comment Share on other sites More sharing options...
Jake829 Posted April 30, 2012 Author Share Posted April 30, 2012 1 year is up next month!! Oh yeh!!!! Link to comment Share on other sites More sharing options...
Geekfreaklover Posted April 30, 2012 Share Posted April 30, 2012 (edited) Jake desertion is 1 year not 3. If you go that route in Thailand it still requires a lawyer, money and plenty of time to get a court ruling. If OP takes the child to UK then he is deserting her. Not her deserting him. So if he is filing the complaint he would have to wait 3 years for the seperation clause to take effect. If you can prove to the court that your wife has had no contact with you and your son for one year then that is a different matter. But I don't think that you can. Edited April 30, 2012 by Geekfreaklover Link to comment Share on other sites More sharing options...
Bung Posted April 30, 2012 Share Posted April 30, 2012 9. One spouse has broken the bond of good behavior. Haha, that one wouldn't be hard to prove for any guy wanting to divorce their Thai wives! Link to comment Share on other sites More sharing options...
lovelomsak Posted May 1, 2012 Share Posted May 1, 2012 (edited) Go ask a lawyer. He could give you reasons for divorce. A good one is wife stopped having sex with the husband. This is one of the best, the Thai women donot want their sex life talked about in a court room.And the lawyers will get right into their sexlife,they arenot shy or diplomatic here.If you get a lawyer and go the no sex route I feel it willnot even make to court you will have your divorce signed at the amphur,with maybe her lawyer there to make sure it happens and there is no court. If you donot go to a lawyer and she does them you are in a poor position.Always be first to apply for the divorce on your terms.If she counters hers maybe rejected as vengeful, and often is. A wife not having sex with a husband is not grounds for divorce in Thailand or any other country that I know of. Thats not what my lawyer tells me.It is grounds for divorce in Thailand ask any lawyer.Research before you type next time ok.Please. Ground for Divorce in Thailand Maybe consider a new lawyer. See below Thai law. 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 physically or mentally harmed the other Lack of Maintenance and 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 and dangerous disease One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife I got divorced in Pitsanulok on the grounds that my wife stopped having sex with me. My lawyer said it was grounds for divorce and so did the court so what do you have to say now. So please stop making up things just too appear right TV. Maybe consider getting a real lawyerok. Edited May 1, 2012 by lovelomsak Link to comment Share on other sites More sharing options...
happyclown Posted May 1, 2012 Share Posted May 1, 2012 Our marriage was registered in Bangkok years ago, do you have to go back to the same Bangkok Amphur office where it was registered. Or is the local one ok? Link to comment Share on other sites More sharing options...
happyclown Posted May 1, 2012 Share Posted May 1, 2012 Mario2008 (Mod) said in another thread: 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 Any Tip?. Link to comment Share on other sites More sharing options...
Farma Posted May 2, 2012 Share Posted May 2, 2012 I've only dealt with the original Umphur where I married. The advantage being they have the original registration book. As long as your paperwork is correct I can't see a problem using a different Umphur as they've computerised a lot of their records. Staff in the office are willing to witness the documents. A small tip may be in order. I notice you started other threads mentioning house sale as part of your asset split. I strongly suggest even though you both agree to an umphur divorce you engage a lawyer to write up the terms and conditions. He can advise you on the best way to ensure you at least get some share of the assets. Once you're divorced you lose a lot (most if not all) of your bargaining power. Assets suddenly disappear into other peoples names and you're left with the hopeless task of trying to claw money back from your ex wife who could now appear pennyless on paper. Part of the divorce process involves asset split and child support/care. You will be asked if you fully understand and agree with the arrangements. Having a lawyer there with a properly prepared asset agreement makes life a lot easier. The agreement is typed onto your divorce document. You can also use the lawyer as one of the witnesses. Link to comment Share on other sites More sharing options...
Mario2008 Posted May 2, 2012 Share Posted May 2, 2012 Same amphur as married is not required, as all files are on line. Tip: make sure you have a wittnes that speaks English and can translate for you if you don't speak Thai yourself. Link to comment Share on other sites More sharing options...
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