Married in Thailand but divorced in Europe ?

[scottangel]

Hi Everyone,

I am not sure if this situation has ever arisen and sorry if I am about to repeat the subject and possible advise on this.

I married a Belgium national in October 2011 in Thailand but soon after the marriage ended. We have not spoken since.

I contacted a mutual friend in Belgium to ask him to agree to a divorce. She spoke to him and he said he had already applied

for a divorce under Belgium law. This may be good for him as long as he never wants to marry a Thai lady again which I hope for her

he never does but it leaves me as still married under Thai law and I dont want that.

I have written to the Belgium embassy in Thailand asking for any papers that I can take to a Thai court to obtain a divorce but have not heard

back from them.

Does anybody know what I can do from here to help me get my divorce in Thailand. We can't afford to pay much to a lawyer.

Thankyou for any advice you may be able to give.

[Mario2008]

A divorce in Belgium will be recognised in Thailand also. The only problem there will be is that the divorce will also have to be registered in Thailand, otherwise the Thai authorities don't know of the divorce.

If the divorce is granted in Belgium, you can ask for the divorce papers from the court and have them certified by the Thai embassy, or have them certified by the Belgium embassy and certified by the Thai foreign ministry (after having been translated into Thai). You can then have the divorce recorded at a Thai amphur and you submit your marriage certificate and get a divorce certificate in return.

If both of you want to get a divorce, it is easier if you can contact eachother so you cna speed up the process and to make sure both will get the divorce papers.

[scottangel]

Mario,

Thank you for your advice, however I do not know what court he do in Belgium and from what my friend says he is not willing to even share the papers with me.

Do you think I can get from the Belgium embassy in Thailand all the papers in Belgium. How will they find the papers and would they even help me.

He is been very nasty about this and does not care about my problem in Thailand.

Thanks for your advice in advance

[Mario2008]

Do you know where he lives? It will be the court for the area where he lives and you could contact the court.

If you don't know, contact one of the family courts in belgium with as much details you have about him. They might be able to find the divorce case and direct you to the correct court.

You could also try a search on his (full) name. He is required to inform you of the proceedings and if he claims he acn't it is the norm that he must publish an advertisement in a newspaper to try and inform you.

You could contact the embassy, but I am not sure they can be of any help.

[sweetironny]

i married 2 times with thaigirl and divorce in Belgium there is no problem , when you want to married again with Thai u have to show your divorcing papers to the belgium ambassy

[crazykopite]

I was under the impression that if you have had no contact for more than two years you could divorce him in your own country but this is only hear say you would have to make your own enquiries

[SOTIRIOS]

.....yes.....many details missing......

[Mario2008]

1 offensive post removed.

I have also removed a post commenting on that post.

[Naroge]

OP doesn't mention if the marriage was done under Thai or Belgian law. I assume is was done under Thai law (and maybe registered in Belgium, which I assume is not the same as being married under Belgian law. But I'm not Belgian). If so, I don't understand how the Belgian guy can arrange a "divorce" in Belgium. Only going through the legal system in Thailand can nullify the marriage I believe.

Maybe OP can clarify the situation in order to get proper feedback.

[Mario2008]

OP doesn't mention if the marriage was done under Thai or Belgian law. I assume is was done under Thai law (and maybe registered in Belgium, which I assume is not the same as being married under Belgian law. But I'm not Belgian). If so, I don't understand how the Belgian guy can arrange a "divorce" in Belgium. Only going through the legal system in Thailand can nullify the marriage I believe.

Maybe OP can clarify the situation in order to get proper feedback.

That is not correct.

Many people marry in country A and get a divorce in country B. There is no requirement that you must divorce in the country that you got married in.

[nithisa78]

A divorce in Belgium will be recognised in Thailand also. The only problem there will be is that the divorce will also have to be registered in Thailand, otherwise the Thai authorities don't know of the divorce.

If the divorce is granted in Belgium, you can ask for the divorce papers from the court and have them certified by the Thai embassy, or have them certified by the Belgium embassy and certified by the Thai foreign ministry (after having been translated into Thai). You can then have the divorce recorded at a Thai amphur and you submit your marriage certificate and get a divorce certificate in return.

If both of you want to get a divorce, it is easier if you can contact eachother so you cna speed up the process and to make sure both will get the divorce papers.

Super Mario, 100% correct. Thank you.

Too bad about the marriage.

Edited March 10, 2014 by nithisa78

[Naroge]

OP doesn't mention if the marriage was done under Thai or Belgian law. I assume is was done under Thai law (and maybe registered in Belgium, which I assume is not the same as being married under Belgian law. But I'm not Belgian). If so, I don't understand how the Belgian guy can arrange a "divorce" in Belgium. Only going through the legal system in Thailand can nullify the marriage I believe.

Maybe OP can clarify the situation in order to get proper feedback.

That is not correct.

Many people marry in country A and get a divorce in country B. There is no requirement that you must divorce in the country that you got married in.

If you know it is like this it's fine. I just don't understand how Country "A" can nullify a marriage "contract" (registration) in Country "B". Something I have to learn here.

[Mario2008]

It can be done because marriage and divorces are recognised by other countries, (provided they meet certain mimnimum requirements). There are a few international treaties relating to that.

While you can see it as a contract, it is different from a business contract where you for instance can choose the law applicable to the contract and even determine which court to go.

Many countries do have the requirement that at least one of the spouses must be living for x amount of time before accepting a divorce through the courts.