How easy is it to divorce in Thailand .

[AstonM]

How easy is it to divorce in Thailand .

We were married in Thailand at the "ampur"

We have been/are living in Australia most of the time .

Can I just go back to the "ampur" in Thailand and file for divorce at the "ampur" , since the marriage is registered there ? or is there another way to follow ?

And tell the Australian Centrelink when I arrive back in Australia that I divorced in Thailand .

Or must I do the divorce in Australia as well , since I am Australian .

My wife does not want to divorce , she realizes , she is on a good thing when with me and on her own it won't be so comfortable to live for her .

My Question :How can I "divorce" myself from the marriage , now she is not cooperating .

I am in Australia now , but will be going to Thailand soon .

Anybody on the forum that can give me some help .

Many thanks .

[Thanyaburi Mac]

Looks like a contested divorce which in Thailand, needs to be handled through the court system.

Mr Google provides the info below, check if you meet the "grounds for divorce." FYI, if things go smoothly, it can be finalized in 3-5 months.

Mac

Thailand Divorce

Our Thailand divorce lawyers assist in all aspects of obtaining an internationally recognized Thailand divorce.

General Considerations for Divorce in Thailand

While arranging a marriage in Thailand is a relatively straightforward process, procuring a divorce can be slightly more complicated. There are a variety of factors that come into play when assessing whether or not it is possible to receive a legalized divorce in Thailand. Generally speaking, if you or your spouse is currently residing in Thailand you can file for divorce in Thailand. If the divorce is mutually requested, the divorce proceedings are relatively simple. If one of the parties is unwilling or unable to participate in divorce proceedings, the legal process can be more complicated. Due to the variety of factors that can be involved it is usually necessary to enlist the services of a legal professional to guide you through this process. We are familiar with many of the individual variances that arise in complicated divorce proceedings and our divorce attorneys provide personalized service to meet your unique needs.

How do I get a Thailand divorce if both my spouse and I consent to the divorce?

If you previously registered your marriage at a local district office (Khet or Amphur) you may register for an administrative Thailand divorce. Performing an administrative divorce at the local district office requires that you and your spouse do not have disagreements over child custody or property ("an uncontested divorce"). If there are assets to be divided or issues regarding custody of children it is advisable to have a lawyer present in this type of administrative divorce. It is generally a good idea to draw up a divorce agreement in advance.

When registering the divorce, officials may ask you questions about your future plans, financial situation, and children (if any) and then ask you to fill out forms detailing the terms of divorce and other matters. The divorce must be certified by two witnesses.

If the divorce is contested, however, then the parties should proceed through the court system. In order file a court action for divorce either the Plaintiff or Defendant (or both) must be a resident of Thailand.

What if my spouse does not consent to a divorce?

If your wife or husband will not agree to a divorce then you need to file with the courts for a divorce "for cause". In order to proceed with a divorce in this instance you will need to assert grounds for divorce and you must make a personal appearance in court. In Thailand grounds for divorce generally include:

* A 3 year period of separation

* One spouse has deserted the other for over one year

* The husband has taken another woman as his wife

* The wife has committed adultery

* One spouse is guilty of misconduct (criminal or otherwise)

* One spouse has been imprisoned for more than one year

* One spouse has physically or mentally harmed the other

* Lack of marital support

* One spouse has had incurable insanity for at least 3 years

* One spouse has broken the bond of good behavior

* One spouse has an incurable communicable disease

* One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

What if either my spouse or I is living overseas?

If the divorce is uncontested both parties will need to appear at the Amphur office to register the divorce. If you are married and your spouse does not agree to a Thailand divorce then you will need to obtain a judgment from the Court. If you are living abroad, a lawyer can file a divorce claim on your behalf. However, you must appear in person when the divorce claim is heard by the court.

If your spouse is not present or will not return to Thailand to contest the divorce, you may still be able to proceed provided that he or she has been given adequate notice of the divorce action. Service must be applied through a Thai court if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstances. If your spouse does not respond to service from the court the divorce case may precede based on default.

How is property and outstanding debts divided in the event of divorce?

Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are generally considered community property with both spouses having an ownership right. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.

Debts incurred during the marriage, whether they are household, medical, or educational, are in general the responsibility of both parties.

[AstonM]

Thanyaburi Mac

Excellent advice , thanks for your response and many thanks again ,

Regards AstonM

[AlexRRR]

No Fault divorce in AU, after 12 months of separation you can divorce her, its helpful if she cooperates but its not necessary, you can do it yourself the fee has gone up from $750, or engage a solicitor, she of course can contest it but you will still get your divorce the only sticking point if you do it in AU is the judge will want to see a property settlement and if you been married longer than 2 years she would be entitled to a settlement.

Im afraid these days in AU if you want to live with someone in a marriage or defacto relationship and it don't work out your going to pay to get out of it, be warned all you guys who want to import your princess to live in our fair land, if they get cluie about the legal side of things here your gonna get done like a roast dinner if you don't tip toe around it....i was lucky my ex TW even she didn't want to separate and divorce after 3 ys didn't go me anything.

[BudRight]

No Fault divorce in AU, after 12 months of separation you can divorce her, its helpful if she cooperates but its not necessary, you can do it yourself the fee has gone up from $750, or engage a solicitor, she of course can contest it but you will still get your divorce the only sticking point if you do it in AU is the judge will want to see a property settlement and if you been married longer than 2 years she would be entitled to a settlement.

Im afraid these days in AU if you want to live with someone in a marriage or defacto relationship and it don't work out your going to pay to get out of it, be warned all you guys who want to import your princess to live in our fair land, if they get cluie about the legal side of things here your gonna get done like a roast dinner if you don't tip toe around it....i was lucky my ex TW even she didn't want to separate and divorce after 3 ys didn't go me anything.

I looked up "de facto relationship" in Australia. That must be the craziest thing I have ever read. It would be dangerous to even have the same roommate for two years. They could just claim you had sex all the time. It doesn't even matter what gender they are.

[BudRight]

Sorry, wrong thread.

[nofarang]

It is easy to divorce at the Amphoe. But your wife has to cooperate!!!! As for us we went to the Amphoe paid 60 Baht, gave back our two marriage certificates and need to had two witnesses to sign in our presence. All was done in 1 hour. Unfortunately this divorce is not recognized in some countries (like Germany) so we need to go a court.

[Farang99]

Has to be done through the court, and can be very expensive. Not only have to pay the lawyer, but also settle a court-determined amount on the woman - this in the case of a contested divorce.

If both parties can agree it can be done cheaply at the amphur.

Once complete the divorce should be recognised in Australia

[jossthaifarang]

Hold on guys, I was told that a Thai marriage is not even recognized internationally? If that's true what's the problem if your in Aus? Or is it only the traditional Thai marriage that's not recognized?

[Liquorice]

Hold on guys, I was told that a Thai marriage is not even recognized internationally? If that's true what's the problem if your in Aus? Or is it only the traditional Thai marriage that's not recognized?

It's only the 'Village' style marriage that isn't recognised, even by the Thai authorities.

Only recognised by the locals.

[jossthaifarang]

Hold on guys, I was told that a Thai marriage is not even recognized internationally? If that's true what's the problem if your in Aus? Or is it only the traditional Thai marriage that's not recognized?

It's only the 'Village' style marriage that isn't recognised, even by the Thai authorities.

Only recognised by the locals.

Right then, that clears it up. Cheers

[AstonM]

Thanks Alex , yes I have been aware of the Australian property settlement rule , since I divorced my Australian wife many years ago , it was a 50/50 settlement , not a problem we where still relatively young then .

Now I am retired and in my late sixties .

So this time I made her (Thai wife) sign a Prenuptial agreement before the marriage .

But you just reminded me that it might be better to do the divorce in Thailand .

The problem might be that she is now in Australia and doesn't want to go to Thailand again , just to make things difficult .

AstonM

Besides , a Australian judge is possibly bias towards the woman .

[AstonM]

No Fault divorce in AU, after 12 months of separation you can divorce her, its helpful if she cooperates but its not necessary, you can do it yourself the fee has gone up from $750, or engage a solicitor, she of course can contest it but you will still get your divorce the only sticking point if you do it in AU is the judge will want to see a property settlement and if you been married longer than 2 years she would be entitled to a settlement.

Im afraid these days in AU if you want to live with someone in a marriage or defacto relationship and it don't work out your going to pay to get out of it, be warned all you guys who want to import your princess to live in our fair land, if they get cluie about the legal side of things here your gonna get done like a roast dinner if you don't tip toe around it....i was lucky my ex TW even she didn't want to separate and divorce after 3 ys didn't go me anything.

Thanks Alex , yes I have been aware of the Australian property settlement rule , since I divorced my Australian wife many years ago , it was a 50/50 settlement , not a problem we where still relatively young then .

Now I am retired and in my late sixties .

So this time I made her (Thai wife) sign a Prenuptial agreement before the marriage .

But you just reminded me that it might be better to do the divorce in Thailand .

The problem might be that she is now in Australia and doesn't want to go to Thailand again , just to make things difficult .

AstonM

[misterphil]

Offer her some money to divorce you.

That was the only way I could get away from my psycho bitch ex wife.

Worked for misterphil

[aussie true blue]

Easy. Problem solved. Never marry them. Why marry one. No need. Just keep feeding her money and she will be happy. Because before you know it someone else comes along with more money and bye bye. If you send a thai shiela money from Australia or for tat fact anywhere in the world you are crazy. They are the best at lying and cheating. Just enjoy their company help them out a little and all is well.

[sammygood]

so you dare to leave your house with your wife in and you will be heading to thailand ?

hope she does not rent a company to move the house to another place

[georgemandm]

No Fault divorce in AU, after 12 months of separation you can divorce her, its helpful if she cooperates but its not necessary, you can do it yourself the fee has gone up from $750, or engage a solicitor, she of course can contest it but you will still get your divorce the only sticking point if you do it in AU is the judge will want to see a property settlement and if you been married longer than 2 years she would be entitled to a settlement.

Im afraid these days in AU if you want to live with someone in a marriage or defacto relationship and it don't work out your going to pay to get out of it, be warned all you guys who want to import your princess to live in our fair land, if they get cluie about the legal side of things here your gonna get done like a roast dinner if you don't tip toe around it....i was lucky my ex TW even she didn't want to separate and divorce after 3 ys didn't go me anything.

I looked up "de facto relationship" in Australia. That must be the craziest thing I have ever read. It would be dangerous to even have the same roommate for two years. They could just claim you had sex all the time. It doesn't even matter what gender they are.

True it is a joke in Australia when it comes to having a woman live with you .

[AstonM]

so you dare to leave your house with your wife in and you will be heading to thailand ?

hope she does not rent a company to move the house to another place

yes you are right , there is a risk , but I think I am alright with the house .

The trouble is that all Thai ladies are networking information and unlike "us"

They are largely united in getting the most out of us (financially)

I have promised her 300 000 bath as compensation for not being able to work while with me , I don't have to give that , but that is goodwill from my side .

AstonM.

[aussie true blue]

Aston M. if oh want a divorce just go ahead and do it. Why would you promise her 300,000 thb for being with you and not working. What a load of crap. Send her back to work save your 300 k. Do your self a favour and get out of the marriage now. If the shoe was on he other foot she would give you the arse quick smart fir a better deal with another bloke. Do be fooled by their bullshit and very very cunning thinking. It's about them and the family. Not you. Don't ever forget it Take my advice. Piss her off

[Mudcrab]

No Fault divorce in AU, after 12 months of separation you can divorce her, its helpful if she cooperates but its not necessary, you can do it yourself the fee has gone up from $750, or engage a solicitor, she of course can contest it but you will still get your divorce the only sticking point if you do it in AU is the judge will want to see a property settlement and if you been married longer than 2 years she would be entitled to a settlement.

Im afraid these days in AU if you want to live with someone in a marriage or defacto relationship and it don't work out your going to pay to get out of it, be warned all you guys who want to import your princess to live in our fair land, if they get cluie about the legal side of things here your gonna get done like a roast dinner if you don't tip toe around it....i was lucky my ex TW even she didn't want to separate and divorce after 3 ys didn't go me anything.

I looked up "de facto relationship" in Australia. That must be the craziest thing I have ever read. It would be dangerous to even have the same roommate for two years. They could just claim you had sex all the time. It doesn't even matter what gender they are.

True it is a joke in Australia when it comes to having a woman live with you .

Rest assured it is no joke...unless you like laughing all the way FROM the bank.

[AstonM]

Aston M. if oh want a divorce just go ahead and do it. Why would you promise her 300,000 thb for being with you and not working. What a load of crap. Send her back to work save your 300 k. Do your self a favour and get out of the marriage now. If the shoe was on he other foot she would give you the arse quick smart fir a better deal with another bloke. Do be fooled by their bullshit and very very cunning thinking. It's about them and the family. Not you. Don't ever forget it Take my advice. Piss her off

I made it clear to her from the start , that I wanted to travel and enjoyed life , so to be my companion she had to leave work and I don't think it is fair to put her out on the street with nothing .

She is 15 years younger than me , so 300 K THB will give her a buffer to move on .

It is me who wants to divorce and basically she is a good person , we just don't seem to be compatible in my view (culture etc.) , things change when people (Thai Ladies) move to a new country , expectations (whatever they are) are often not met .

I also found that , although "they" like to move to a new country , "they" miss family more than they like to admit and the Thai ladies I met "all like travel" but when they are on the road , they don't seem to be interested at all .

_{Take my advice. Piss her off ........ ; not a good idea in Australia , the law is bias for the woman who can very easily play the "victim card" , the court love that and with free legal aid !!!! your guess who will be the looser .}

_AstonM

[catman20]

no sympathy, the OP is a serial marrier when will these people learn MARRAIGE. it don't work !!!!!!!!!!!!!!

[ggt]

You could do like the Thai men do...just walk away and never look back...

[Arkady]

Legally you can get divorced in Thailand if one party is a Thai resident or a Thai citizen. This is pretty cheap and easy, if it by mutual consent after being separated for 1 year, and can be done in a district office. However, without mutual consent, you need to be separated for 3 years. I think this is going to be difficult to do, unless she returns to Thailand and stays there for 3 years without you, which should provide sufficient evidence of the separation. If she stays living in Australia, even after a 3 year separation, it is going to be hard to prove the separation to the Thai court, not to mention how you could prove good delivery of the court documents to her at her Thai registered address, if she is permanently abroad. Contested Thai divorce requires at least two hearings several months apart and Thai lawyers are not particularly cheap.

With a Thai divorce, her right to apply for a division of assets in Australia is undiminished because both of you reside in Australia and you are an Australian citizen. In fact there is no time limit to file the case if the divorce took place overseas, whereas there is a 12 month time limit in the event of a divorce in Australia.

IMHO the only reason to go for a contested divorce in Thailand would be, if she has significant assets there acquired after marriage which you hope to get half of. An uncontested divorce in Thailand makes sense, however, if she can agree to it. But that would only be worth her while, if you offer a more generous settlement than she will get under Australian law.