Divorce

[kimbathewhitelion]

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

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A Thai registered marriage (at Amphur) is recognised by most other countries. For an American, this is extract from US Embassy website, bangkok.

"A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphur (Civil Registry Office). The United States does recognize the validity of such a marriage. For American citizens marrying either Thai citizens or another American citizen, the procedure is the same. For Americans marrying a third-country national, their prospective spouse must also follow a similar procedure with their own embassy".

Exactly. Unless registered with the US embassy, my Thai marriage doesn't exist, however I wouldn't be able to come back to this country though all my holdings in America are protected from any legal action. This I confirmed with my lawyer beforehand.

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If I were you I would seek another lawyer.

No need, it's a fact.

Talking about my holdings in America anyway. Thailand cannot breach or any other third world country.

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This isn't about the dated crap that's on the Internet.

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[Cylon]

All my ex wives have divorced me in my absence..

Edited February 27, 2014 by Cylon

[kimbathewhitelion]

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

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And You are soooo wrong. A marriage in Thailand is legal in every country in Europé, the US and most other countries as soon as you have signed the licence here.

How so you're wrong. Until you register such at your Embassy (I'm only sure with the US) the act is just an act.

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[Mario2008]

Agree you might not need a different lawyer. Seems you are mixing things up yourself.

I think your lawyer gave you advise about the consequences for your property in case of a divorce. That is not what is being discussed.

[Mario2008]

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

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And You are soooo wrong. A marriage in Thailand is legal in every country in Europé, the US and most other countries as soon as you have signed the licence here.

How so you're wrong. Until you register such at your Embassy (I'm only sure with the US) the act is just an act.

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You will find that a US judge will not agree with you.

I also think you cannot register your marriage at the US-embassy. Marriage is governed by state law and not federal law.

[kimbathewhitelion]

Agree you might not need a different lawyer. Seems you are mixing things up yourself.

I think your lawyer gave you advise about the consequences for your property in case of a divorce. That is not what is being discussed.

Yes...agreed. Just a point. Back to the OP.

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[ThaidDown]

How so you're wrong. Until you register such at your Embassy (I'm only sure with the US) the act is just an act.

To reiterate.

If a marriage between a Thai and an American is legally registered in Thailand it IS recognised in the US whether or not it is registered at the Embassy. FACT.

If you try to remarry in the US without first getting a divorce your marriage would be illegal and bigamous.

With ref to any assets in US, I have no idea and was not commenting on that.

[Mario2008]

Let's leave it at that.

Divorce and division of assets are two different things, often done at the same time. But in international cases it can be different and a judge in another country doesn't have to agree on the division of assets made by a Thai court.

The marriage and divorce itself are recognised in both countries.

Enough about this, back to the OP.

[PeVee1st]

My experience is as follows:-

In Thailand you need an excuse to divorce, unless you mutually agree at the Amphur, that is you need to show adultery, abandonment, assault by either party.

In the case of abandonment, you must file a Police Report stating your spouse has left & you do not know their whereabouts, after 1 year you can then go to court for a divorce.

Regardless, of any causal matter the procedure is the same after the court papers are lodged by either party, the court papers are sent to the last known address of both parties (house book address in the case of a Thai) and the papers note a date for each to appear at court. You must attend on that date.

If either party does not attend court or supply a good reason for non attendance, then the court ajourns the matter for 30 days and both parties again are notified of the new court date.

If either party does not attend at the 2nd hearing, then the court hears the case and makes a decision without the absent party.

Neither party can divorce for whatever reason without a property settlement.

Under Thai law, the property obtained by each party during the marriage is Marital property & is co-owned by each party. That is in the case of divorce the marital property is split 50/50.

Luckily the Thai Judges are seeing through the scams presented to them in court by weeping bar girls & are not allowing property splits where it is obvious the little scammer contributed nothing to the marriage.

Sure you will have to pay some "face saving" money, so we are all "happy", but it is usually minimal.

A legal Thai marriage is only recognised in your home country, only if it is registered by both parties being in attendance. Yes the marriage is legal, but without registration how would your home country know about the marriage or if it is legal!!!

This makes sense in that if the weeping bargirl had money she would be registering herself as being married to a farlang at every embassy to extract money.

Lastly, from my experience, if faced with court, get a good recommended lawyer from a good firm and fight the case, the Judge will give you a fair hearing and try to force a settlment. If you do not like the result, then you can appeal, the longer the case goes the more likely the weeping bargirl tears will dry up & she will settle for divorce.

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[kimbathewhitelion]

How so you're wrong. Until you register such at your Embassy (I'm only sure with the US) the act is just an act.

To reiterate.

If a marriage between a Thai and an American is legally registered in Thailand it IS recognised in the US whether or not it is registered at the Embassy. FACT.

If you try to remarry in the US without first getting a divorce your marriage would be illegal and bigamous.

With ref to any assets in US, I have no idea and was not commenting on that.

Thought we ended this dialogue. However if a marriage isn't filed in your country, 1st nations aside, it isn't recognized. And the most asked, "holdings" is protected. Researched this thoroughly & know websites on average are outdated, esp., gov sites. Please let's move on.

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[PeVee1st]

I thought I read somewhere, that the US would not recognise foreign marriages to a US Citizen, not remarried in the US, to stop the scammers claiming a Green card on the basis of being assaulted.

I thought it was mentioned in the media the change was to stop Thai girls from claiming they were assaulted by their US husband and in doing so jumping the green card line queque.

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[brucegoniners]

Maybe it would be better to ask an attorney here.

[Wee Jimmy]

OK, I have an old friend who is having difficulty getting his wife to divorce him; they have had no contact for 2.5 years. After reading this post can he divorce his wife?

She is currently asking 400,000 Baht plus the house. He now has a lawyer in Bangkok whom I feel is bleeding him for money.

I don't understand.

No contact means no contact.

Currently asking 400,000 plus house implies current contact. If there is current contact I don't think you can use the "no contact" reason for a divorce.

Lawyers will always take clients for as much as possible. They have a conflict of interests, a short and easy solution does not earn them as much as a long protracted and complicated mess. That is why so many divorce cases are incredibly expensive.

If the house/land is in her name and he signed that bit of paper at the land registry department saying it was her money, bye bye house and land.

To reiterate for all the newbies.

The 4*F rule states clearly

If it flies, floats, f&*^s or fixed in Thailand, rent it.

You are correct. We called her last week and asked if she would be willing to give him a divorce and the answer was that she wanted 400,000 Baht. Since then he has been to this lawyer in Bangkok.

What I'm trying to find out is,- Can he divorce his wife without her being in court as she is one awkward pig of a person? She will have no claim on his UK assets as this has been all sorted out.

How long does it take to raise a court action for a divorce?

Thanks.

[BanTamo]

An extremely wealthy Thai-Chinese woman I know well married her moderately wealthy European husband in his home country. They have lived together in Bangkok for more than a couple of decades and have never been considered married for Thai legal purposes. She owns a serious amount of property and a controlling interest in all of their many companies in Thailand. Her lawyer(s) and her family, several of whom have held high elected office and who are all invested in some of their ventures, have never been willing to risk a possible rigid interpretation of the law banning a Thai woman married to a foreigner (ANY foreigner) from owning land.

[Mario2008]

An extremely wealthy Thai-Chinese woman I know well married her moderately wealthy European husband in his home country. They have lived together in Bangkok for more than a couple of decades and have never been considered married for Thai legal purposes. She owns a serious amount of property and a controlling interest in all of their many companies in Thailand. Her lawyer(s) and her family, several of whom have held high elected office and who are all invested in some of their ventures, have never been willing to risk a possible rigid interpretation of the law banning a Thai woman married to a foreigner (ANY foreigner) from owning land.

The rule that a Thai woman married to a foreigner cannot own land has been discarded for many years now. A Thai woman married to a foreigner can own land and many do.

Your friends are legally married, the only thing is that the Thai government doesn't have a record of it.

So there is a very minor hick-up regarding the proof of marriage. Very minor, as the marriage cerificate can be legalised by the Thai embassy in the country where the marriage took place and they have legal proof of marriage.

A Thai marriage certificate can likewise be legalised in Thailand for proof in you home country.

Do not mistake not knowing for being legal or not.

[Mario2008]

abusive post removed

[BlueSkyCowboy]

All my ex wives have divorced me in my absence..

your presence in court might not be desirable for aesthetic reasons

[Maggusoil]

When I was thinking about buying a large jointly owned property with my de-facto/mother of our daughter, "wife", my accountant coupled a 30 year 'lease' with a "loan', which I would make to her to jointly 'buy' the property.

With fairly high interest. This loan is forgiven on a monthly basis, but appears on the "papers", so it cannot be sold, or acquired by anyone else without the loan being paid off.

Sounds complicated and she didn't like it, however, I thought it quite a good way to solve a problem.

If you're a bit older like me and can't afford yet "another" mistake, I think its a good option.

If they don't like it enough, then I wouldn't bother.

Its just like any pre-nup.

I gave her the house we live in so there's no argument, about that at least.

She can kick me out anytime. I'll just go and live somewhere else.

I am glad marriage is something I will never contemplate again.

[impulse]

You are correct. We called her last week and asked if she would be willing to give him a divorce and the answer was that she wanted 400,000 Baht. Since then he has been to this lawyer in Bangkok.

What I'm trying to find out is,- Can he divorce his wife without her being in court as she is one awkward pig of a person? She will have no claim on his UK assets as this has been all sorted out.

How long does it take to raise a court action for a divorce?

$12,500 for a divorce settlement? I wish mine had been that cheap. And that was back in the '80s in the USA.

I'd jump on that in a heartbeat, (but pay up only after the deal is done). Before she starts thinking too hard about more.

She may not be able to get more, but she (and a good lawyer) may be able to make it real expensive to stop her.

Just out of curiosity, if she found a lawyer and filed for a divorce in the hubby's home country, could she get the court to make hubby pay for her attorney just so it's a fair fight?

Edited February 27, 2014 by impulse

[davidstipek]

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

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A Thai registered marriage (at Amphur) is recognised by most other countries. For an American, this is extract from US Embassy website, bangkok.

"A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphur (Civil Registry Office). The United States does recognize the validity of such a marriage. For American citizens marrying either Thai citizens or another American citizen, the procedure is the same. For Americans marrying a third-country national, their prospective spouse must also follow a similar procedure with their own embassy".

Exactly. Unless registered with the US embassy, my Thai marriage doesn't exist, however I wouldn't be able to come back to this country though all my holdings in America are protected from any legal action. This I confirmed with my lawyer beforehand.

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Sorry, mis quoted. It does not in a legal sense. Americans are in rule outside that policy, now if I married an English woman, I'd be screwed!

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Possibly every Night, like Clockwork!! Then you'd both be satisfied!!! Or at least you would and she would have a smile on her face.... Thailand needs to learn something from this....

[harleyclarkey]

Thai/Foreigner?

They can do what they like, when they like.

And the rotten police, the roten lawyers and rotten courts will back them up.

[nithisa78]

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

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A Thai registered marriage (at Amphur) is recognised by most other countries. For an American, this is extract from US Embassy website, bangkok.

"A legal marriage in Thailand consists of both parties registering their marriage in person with the local Thai Amphur (Civil Registry Office). The United States does recognize the validity of such a marriage. For American citizens marrying either Thai citizens or another American citizen, the procedure is the same. For Americans marrying a third-country national, their prospective spouse must also follow a similar procedure with their own embassy".

This is true. As well in USA, abandonment or lack of services is grounds for annulment. Which Judges in USA aren't prone to sign off on. Though, when these circumstances can be put in evidence before said Judge. They sign. Though there are actual legal kits you can have prepared for near no money, plus filings fees. To have marriage annulled, the Judge wants to see you're represented by an Attorney. In all my years, wherever I've lived or visited, on Earth Planet, have never seen one marriage fail, that the woman wanted to work. The marriage that is.

[MyFriend You]

If she wanted to she could also take ownership of everthing you have.

Thailand has a Spousal Desertion Law - I had an aquaintence that decided to haul ass to the USA in 1984 without his 'thai wife' she divorced him and the court decided he owed her 8000 baht a month - seven years later, (after his second divorce to an american woman) he came back to Thailand - the Pattaya jungle drums started beating, his ex-wife discovered he was in town filed suit and he was forced to pay seven years back pay @8000 baht a month, over 800,000 baht. She bought two beer bars with it and now owns four - must be Karma - see, he emptied his bank accounts in the US to hide it from his ex-wife, and brought the money to Thailand with him so couldn't say he didn't have any money..............if it wasn't for bad luck, this guy wouldn't have any luck at all I helped him out for awhile, but gave up on this loser.

[MyFriend You]

A Thai marriage is a Thailand marriage, not recognized...well at least as I knowing America. Divorce is pointless here, just leave & never come back.

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Divorce is not pointless. without a divorce, you for example:

- you are libel for eachothers debts

- you are a natural heir incase the other spouse dies

- any children will be automatically be considered yours

- you cannot get married again

Depending on countries, if I did want a divorce I would just return to America of which I can marry again without any legal BS in Thailand. Most large country citizens don't realize that if your Thai marriage isn't registered with your Embassy, it's not necessarily registered as a marriage in your home country. I'm not planning on leaving my Thai wife but she is aware that I can walk away without consequence.

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That would mean commiting a criminal offence for which you can (and probably will be) prosecuted.

That your marriage is not registered in your home country doesn't mean it is not recognised by your home country. Also the consequences of the first marriage will still be intact, such as the things I mentioned before.

Best Yet - the Thai Marriage IS recognized in the USA, doesn't have to be registered with the Embassy, mine wasn't but I was Military maybe there were differebt rules back then - she went to Korea with me, Germany, and finally the USA - I never registered my marriage with the Embassy.

[mrfaroukh]

Don'r worry just congratulate your friend, she did show how much she loved him or better say the money.