Court'S Divorce

[surayu]

As some country do not legitimate the divorce obtained at the amphurs and also require the court's rule to state exactly some very specific written words on the outcome(at least for Italy), i was wondering if there is an easy way to get everything as quick and smooth as possible, as both parts are willing to agree in a friendly and quick divorce, but on the various forum threads, i can only find the court's ruling way applied to divorces where one of the 2 parts is either unrecheable or unwilling to accept the other part decision.

I attached the statements(see the english text in bold) currently required by the italian's law (original source: italian consulate in Bangkok).

Thanks.

AMBASCIATA D’ITALIA BANGKOK

ANNUNCIO AL PUBBLICO

Art. 64, Legge 31 maggio 1995, n. 218.

Riconoscimento/Trascrizione di sentenze straniere in Italia

1. Per la richiesta della trascrizione di una sentenza di divorzio al Comune italiano competente, ai sensi del nostro ordinamento, la sentenza deve essere rilasciata dall’Autorita’ giudiziaria Tailandese competente (Tribunale). L’atto di divorzio rilasciato dall’Autorita’ amministrativa (Comune), non e’ conforme a quanto stabilito dalla normativa di cui all’Art. 64, Legge 31 maggio 1995, n. 218.

2. Il giudice locale deve precisare nella sentenza in parola i sotto indicati punti:

A) La Sentenza e’ passata in giudicato secondo la legge locale e non e’ piu’ soggetta a impugnazione;

The sentence has become definitive according to the local law and is no longer subject to appeal;

หนังสือรับรองคดีฝ/คำพิพากษา/คำสั่งศาล เป็นที่สิ้นสุดตามกฏหมายท้องถิ่นของประเทศนั้นๆ (ไทย) และไม่สามารถอุทธรณ์ ฎีกาได้อีก

L’atto introduttivo del giudizio e’ stato portato a conoscenza del convenuto in conformità a quanto previsto dalla legge del luogo dove si e’ svolto il processo e non sono stati violati i diritti essenziali della difesa;

The judicial filing of the case has been notified to the defendant according to the law of the country where the trail took place and no essential right for defense has been violated;

ได้มีการแจ้งให้คู่ความหรือจำเลยรับทราบแล้วถึงคำฟ้องคดีต่อศาลตามกฏหมาย ของประเทศที่ได้มีการยื่นฟ้องคดี (ตามกฏหมายไทย) และไม่มีการละเมิดสิทธิขั้นพื้นฐานในการต่อสู้ทางคดี

C) Le parti si sono costituite in giudizio secondo la legge del luogo dove si e’ svolto il processo o la contumacia e’ stata dichiarata in conformità a tale legge;

The parties are present at the hearings, according to the law of the country where the trail took place or the absence was declared in conformity with that law;

คู่ความได้มาปรากฏตัวในการพิจารณาคดีของศาล ตามกฏหมายของประเทศที่มีการพิจารณาคดี(ประเทศไทย) หรือได้มีการแจ้งถึงการไม่มาปรากฏตัวในศาลตามกฏหมายแล้ว

D) Essa non e’ contraria ad altra sentenza pronunziata da un giudice italiano passata in giudicato;

E) Non pende un processo davanti a un giudice italiano per il medesimo oggetto e fra le stesse parti, che abbia avuto inizio prima del processo straniero;

F) Richiesta di trascrizione della sentenza straniera di divorzio, ai sensi della legge 218/1995 firmata dal cittadino italiano.

3. Per quanto riguarda le lettere D/E/F e’ disponibile presso la Sezione Consolare di questa Ambasciata la Dichiarazione Sostitutiva di Atto di Notorietà, da essere compilata e firmata a cura del connazionale.

[Mario2008]

When in agreement the norm is to divorce at the amphur at no cost. Since that seems not to be possible in your case, you have to go to court. It shouldn't be a problem either, but takes a bit longer and will cost.

The only problem with getting a divorce through the court is that the court can only grant a divorce based on the grounds for a divorce mentioned in the law, where as at the amphur no ground is necesarry.

For the rest it should be straight forward with nobody contesting and appearing in court as scheduled.

If property or children involved you need to make a settlement, so the judge can easily sign off on it.

[surayu]

Thanks for the answer.

So a court will not grant a divorce if at least one of the 2 parts is at "fault" somewhere??

There is really no way to avoid to put down one of the 2 and getting divorced in a decent way, lets say, "...both parts have decided that was better to follow different lifes.." ?

As for the "cost" involved, the only coincise answer i could find searching the forum, is one person that apparently spent £ 100, that doesn't seems to be much (

I have 2 divorces under my belt, on both ocassions it cost me only the court fees for the decrees £100,

) here: http://www.thaivisa.com/forum/topic/555582-divorce-agreement-lawyer-advice-needed/

[surayu]

Just as a general information for which some members can benefit from, during my search, for what it concerns the current italian law, the italian citizen will be in a more favourable position, for which the (italian's)law can give access to some "shortcuts" (not allowed otherways), if the divorce request it's being submitted by the foreigner(thai).

In some other places, then i read that in front of the thais, the advantaged part will be the one that do the request for a divorce (but i can't confirm on this, maybe true, maybe not).

I hope there is a way to make the court chop chop a bit, as i already have people lining up for the soon to be (hopefuly) vacant place, and made my choice after some very deep-in investigations....

[Mario2008]

Correct, one party must be at fault and the other party files for divorce. But ask a lawyer how it is normally frased in court cases, if you both say for instance you are not living together for a period of time that might be accepted by the courts as enough reason without further proof.

Cost for a divorce wil depend on the lawyer and if a settlement is needed. Large part will be the lawyer fees. An uncontatsed court case doesn't require much of a lawyer.

[surayu]

Thanks again, this law really give no dignity to human beings....

2 more questions then arise, i mean, if you are obliged to proof than one or the other is at "fault" , wouldn't this automatically open up a new ground for the claim of some damages????

And if the apparently mild option of just saying, the two parts haven't been living together for at least 1 year (i think to remember this was the minimum time required), wouldn't then the foreigner be prosecute if it's current permit to stay was based on marriage (where the 2 spouse have to live together)???

[Mario2008]

As part of the process you come to an arrangement, that would include any "damages".

This is civil court, not criminal court. The foreigner being prosecuted is unlikely, unless someone would inform immigration police and they check it out.

[surayu]

mmmh ok, sorry i am not familiar with the subject, i was thinking that admitting a similar situation would constitute a self-willing disclosure that will enable the court to prosecute you for, right away, i am glad if this suspect it's wrong