Divorcing a Thai citizen from abroad

[SkyWeung]

Well, hello,

something like this has surely been posted before, but after searching here and there, it seems pretty much impossible to find the right information, and I'm just not sure where I am standing. Well anyways, if anyone has had a similar experience, I'd sure like to hear it.

So, here goes :

I am a female Canadian citizen, who has lived in Chiang Mai, Thailand from 2005 till 2008. I got legally married to a Thai man in 2006. In 2008, I decided to return to Canada for good. My husband and I have discussed the possibility of him moving here for some time, but we eventually decided it would be better for us to end it all and move on with our lives. Or it just happened somehow.

Almost 6 years later, I find it's time to officialize all of this, since I met the man of my dreams and he's not too comfortable, understandably, with the situation.

I want a divorce.

But :

1) I can't possibly make the trip to Thailand right now, or in the foreseeable future.

2) I don't think the husband will object in any way, but I can't be too sure. We still have regular contact, but it mostly takes the form of him being drunk and texting me he misses me and all.

3) We have no children and no possessions of any kind together

4) We have been apart for over 5 years.

I'm trying to find the easiest (not necessarily the quickest since my current boyfriend is extremely kind and understanding) way to get through with this.. any advices?

Thanks!

[malt25]

G'day

I'm in the process of divorcing my Thai wife here in Australia, married in BKK.

Initially I logged onto Aussie government web site, divorce info. Maybe you can do the same. Aussie site came back with all necessary info & forms to download. I'm sure there will be a site on Canadian Government Pages. Aussie site is under Immigration.

Hope is of some assistance.

Cheers.... Mal.

[thaikahuna]

Weigh the costs of doing the divorce in Canada v. the cost of a plane ticket to CNX, a couple of nights in a hotel and a trip to the amphur to sign on the line to end the marriage. It may be cheaper to fly here and do it. At the same time gives your new husband to be a look at a beautiful place in the world.

[SOTIRIOS]

....if you have anyone you can trust here in Thailand...give them limited power of attorney in this matter only...to sign for you...

...the cheapest and 'least involving' way, it would seem...

...don't think it can be contested after 5 years apart....

[belg]

144 bottles of whiskey and the deal is done

[shaurene]

Hi

I am New Zealand and live in Khon Kaen. I strongly suggest you contact I lawyer. Our lawyer is very professional she is a lady and married to a Dr of law.

She USA very nice person, her name is Judith Nigel-Brownlee, email [email protected] send her a message explaining all things and say you were recommended by Ken and Nid Devey,she will advise you at no cost, once she explains you can ask her for a quote.

I cannot see much problem with separation for 5 yrs. I think she could just get your divorce in the court without your husbands approval. I can see your husband wanting a good price for agreeing to divorce.

Best of luck

Ken

[Mario2008]

Since you cannot come to Thailand (it would be only for 1 day if both parties agree and be done in half an hour at the amphur) you wil need to file for divorce in Canada, under Canadian law.

Get a lawyer or legal advice in Canada about your options. Normally it would not be a problem, but don't know the specifics of Canadian law.

[phitsanulokjohn]

I think you're best approach would be to sort it out from Canada on the basis of 5 years separation.If you should return to Thailand to try and divorce him,it will be plain sailing so long as he agrees,but what if you arrive here and he doesn't?

It seems from all his drunken texts,he still harbours feelings for you.Remember the old saying drunks and children tell the truth.

So to conclude,if you're not in too much of a hurry,get the divorce granted from Canada.

I wish you all the best.

[ricardofel]

Why even worry about it? Thailand is a 3rd world country and if you want to get married again in Canada who would know or care? If it was a village wedding so much the better.

[Mario2008]

Because it would be adultry and a criminal offence and it could lead to serious problesm in the future, such as what if she has children with the new partner or if her husband makes large debts.

Not very smart.

[jaloochapurr]

mine got divorce in usa but we are still married here. i checked ampore, she did nothing and is in usa still. i think it can be easy, without her here. ok my?

[Mario2008]

mine got divorce in usa but we are still married here. i checked ampore, she did nothing and is in usa still. i think it can be easy, without her here. ok my?

You are not still marreid here. The divorce was legal and is recognised by Thailand.

But you do have the problem of still being registered as being married in Thailand. Therefor I presume persons in Thailand can assume you are still married. For instance if your ex-wife makes debts in Thailand you cannot say: doesn't concern me as we are divorced. Persons in Thailand can asume you still are and can hold you responsible for the debts as they can't know about the divorce.

Best to register the US divorce at the amphur.

[elliottm]

Since you cannot come to Thailand (it would be only for 1 day if both parties agree and be done in half an hour at the amphur) you wil need to file for divorce in Canada, under Canadian law.

Get a lawyer or legal advice in Canada about your options. Normally it would not be a problem, but don't know the specifics of Canadian law.

Hi Mario, do you have any handle on how a non-contested quicky at the local amphur stands up in foreign jurisdictions where decree final & absolute is the norm? When I looked at this couple of years ago I seem to remember that it may be better to be evidenced in court to be upheld in a third country (even if not contested), at least would OP need the documents translated and certified at MFA to be recognised in Canadian court of law?

[Mario2008]

It depends on the country if it stands up or not. In general it is accepted as a legal divorce.

Reagrding a divorce settlement, which is a seperate issue, leaving a partner out in the cold is for instance not always accepted in other counries and could also be contested if one of the parties didn't have their own legal representation and therefor was unable to understand the consequences..

[nithisa78]

Get Canadian lawyer and do a divorce. In the USA all you have to do is send notice to the last known address you had for him. Wait your turn and Judge will sign off.

[JeffreyWitty]

If you are willing to wait a year, your (soon to be ex)husband in Thailand can goto his local amphur and file for abandonment and ask for a divorce on grounds that you left him. At that point, you have to wait a year, then the final divorce papers will go thru and he can scan and send the divorce decree (in thai) to you.

I am not sure if Canada will honor the divorce from thailand - but they might be like the USA - If you get married in Thailand, you can just as easily get divorced in Thailand.

Since you are presumably getting married to the love of your life (next husband) and presumably forever - a year of waiting is nothing compaired to the lifetime you both wil spend with each other afterwards. Right?

[Mario2008]

If you are willing to wait a year, your (soon to be ex)husband in Thailand can goto his local amphur and file for abandonment and ask for a divorce on grounds that you left him. At that point, you have to wait a year, then the final divorce papers will go thru and he can scan and send the divorce decree (in thai) to you.

I am not sure if Canada will honor the divorce from thailand - but they might be like the USA - If you get married in Thailand, you can just as easily get divorced in Thailand.

Since you are presumably getting married to the love of your life (next husband) and presumably forever - a year of waiting is nothing compaired to the lifetime you both wil spend with each other afterwards. Right?

They are already separated for years, no need to wait for 1 year. But her husband would need to file, as she left him and cannot file for divorce on this ground herself. Her husband would need to take all steps, but if she acknowledges the abandonment it will be relatively quickly (a few months).

[CWMcMurray]

....if you have anyone you can trust here in Thailand...give them limited power of attorney in this matter only...to sign for you...

...the cheapest and 'least involving' way, it would seem...

...don't think it can be contested after 5 years apart....

FYI ... Thai name for POA is Bay Aum Nat...

If you do have frequency here that can do it and the husband is willing to sign the divorce papers this would be the easiest way...

[Wavnarok]

Weigh the costs of doing the divorce in Canada v. the cost of a plane ticket to CNX, a couple of nights in a hotel and a trip to the amphur to sign on the line to end the marriage. It may be cheaper to fly here and do it. At the same time gives your new husband to be a look at a beautiful place in the world.

If she wants to continue having him as her boyfriend dont take him to Thailand .......