Help - Urgent

[eezergood]

For the useful posters thanks a million, as for the rest well opinions are free to air now back to your other trolling please

[DRONGOH]

Don't wait for anything!!

Move in and go for it !!

[eezergood]

Don't wait for anything!!

Move in and go for it !!

??

[eezergood]

So I have had some luck - long story short managed to track down the estranged husbands mother, got in touch with the man himself and is so far agreeable to sign divorce papers.

Mario - is it possibel to get an annulment in Thai law?

[eezergood]

Was told at the Amphur today (Phuket town), that my Mrs must change status on her ID card from Miss to Mrs, then once the ex is here they can divorce and she can change back to Miss! All seems a bit strange, can anyone confirm of poo poo this?

[Farma]

She must have indicated she would change her name when she first married but never updated her ID card.

The Umphur will insist she has the latest up to date ID card matching their system before they can proceed.

I've seen a number of people turned away from Ban Ruk in Bangkok for the same reason.

[eezergood]

OK great, thanks for the input. Not a real hassle to be honest, considering what we have to do thus far, but just wanted to be sure.

[CWMcMurray]

Great to see you were helped, but you shouldn't make a title that says "Help-Urgent" as "urgent" implies immediate, and your situation does not need "immediate" help.

I do & we have hit another block - the urgency part relates to my unborn son. SO to me its urgent

Yes this certainly makes it fairly urgent... as if you do not get the divorce asap, when the child is born it will be his child under Thai Law (not yours)...

As if a Thai woman is married at the time of birth, the child is automatically considered to be the child of her husband... not even sure how you would get that one undone...

[Mario2008]

An annulment is possible, but only under very strict conditions, as it means that the marriage is void and they should not have married in the first place. That is totally different from a divorce, where the marriage itself is legal but you no longer want to live together.

Anyway, as pointed out you have a problem as your GF is pregnant and already married. Even if she gets a divorce before the birth, her (ex)husband will by law automatically become the legal father of the child when born within 310 (?) days of divorce. The only one who can prevent that is her husband, by refuting the child as his. Only than will he not become the legal father and is the way open for you to recognize the child as yours and become the legal father yourself.

Also as she is pregnant, she can get a divorce but she cannot marry you till after the birth of the child because the child will be considered the child of her (ex)husband.

[eezergood]

This really complicates things further, as we want to get married in order to use my company insurance for the birth. What must the (ex)husband do in order to refute the child is his? and therefore prove the baby is mine? DNA etc......

[Mario2008]

Section 1536 says that a child born within 310 days of divorce is deemed to be the child of the ex-husband.

But it seems you can be saved by section 1537: If there is a judgement that the child is not the legitimite child of the ex-husband the new husband can be the legitimiate father.

Section 1539: the (ex)-husband can repudiate the child as his by going to court, based on the fact that he didn't live with the mother during the time of conception. That can be done before the child is born, if the fetus is at least 3 months old.

Thai family law: http://www.thailawonline.com/images/thaicivilcode/book%205%20title%201-3%20thai%20civil%20and%20commercial%20code%20.pdf

You will need a lawyer and confirm with him what to do and how best to proceed. Simplest might be for the current husband to petition the court to repudiate the child after which you need can apply to be recognised as the legal father.

Having evidence that they didn't live together should be enough, but that is up to the judge.

But in any case, this is something that has to go through the courts.

If you want your wife can also obtain permission from the court to get married regardless that she is pregnant (section 1453, under sub 4). If the court find child is not the ex-husbands that should be no problem and the marriage might make the child automatically yours.

But this all will take time.

[eezergood]

Do you have link for this in Thai also please? Thank so much again, it seems 1 step forward another backwards!

[Mario2008]

Do you have link for this in Thai also please? Thank so much again, it seems 1 step forward another backwards!

Thai version can be found here: http://www.nukbunchee.com/law/law12/NBC_civilcode_ver2552.pdf

[eezergood]

Once again my true thanks for your ongoing assistance, hopefully I can get this expedited ASAP

[eezergood]

Just an update, incase anyone is interested!

We got everything sorted, baby in my name, divorce was sorted - things looking good for the future

[Mario2008]

Congratulations. Glad you were able to sort it out.

[Skint]

eezergood,

what was the correct process in the end?