How can I divorce (in Thailand or in Australia)?

[Meekoz]

Hi,

I try to find a solution for the sister of a thai friend. She married an australian guy one year ago in Australia and registered the marriage in Thailand also. She lives in Thailand and he lives in Australia. Before the marriage he seemed to be a nice guy, but after spending time with him in Ausralia and in Thailand, she recognized that she don´t want to stay with him anymore. He always gets angry when he is drunk and pushes her and hit her also. Now she want to divorce, but she don´t know how. Can she divorce also in Thailand or does she have to go to Australia to get divorced? She don´t want any money or anything else from her husband, just wants to divorce as soon as possible. Would be nice if anybody has an idea for the best way to get divorced. Thanks!

Edited March 14, 2016 by Meekoz

[thrilled]

I'm just guessing.I would say it would be easier to get married in the country that you got married in.

[thrilled]

Sorry I'm still asleep,I mean divorced,sorry about that,lol

[SirDougless]

It's pretty easy these days.

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/kit-application-for-divorce

[bark]

Seeing that it is Australia, I think it is best to go to the local Aussie prison where most of the people live.

[rhodie]

You have to be separated for 1 year before you can apply for a divorce in Australia. You also have to be married for 2 years before you can apply for a divorce or, if less than 2 years you need to jump through some hoops like getting counseling.

Probably easier to do in Thailand.

Edited March 15, 2016 by rhodie

[Autonuaq]

If Thai law applies the Thai marriage laws has a solution for this and she and to go to Court, She need a lawyer.

If she can proof the reason for divorce the Court will grand the claim and she will be divorced in about 1 year when hte process was put for trail in Court..

Grounds for divorce In thailand

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 physically or mentally harmed the other

Lack of Maintenance and 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 and dangerous disease

One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.

one reason and supporting reason .

also she will probably need witnesses

if she is registered in Thailand and the marriage is in Thailand she can try to file. if she file first she has a change the trail wil be held in Thailand.

she will need a lawyer to have things doing the proper way

[oxo1947]

It is a lot easier if she is also an Oz citizen ---then getting a divorce from both people while living overseas isn't a problem.

However if she isn't but he also agreeable to divorce (& if it is true what you state) that she inst making any claim to his estate--it will make it a lot smoother, with him helping. So maybe use this line ---If I have to come over there then I will make a claim

So, if you are living overseas and want to get divorced in Australia it can only occur on the following basis:

1. If either one of the parties is an Australian citizen;
2. If the other party is domiciled in Australia; or
3. If the other party has been an ordinary resident in Australia and had been a resident for one year immediately before filing the Application for Divorce---- https://www.andersons.com.au/lawtalk/2014/july/can-i-get-a-divorce-in-australia-if-i-am-living-overseas/

[ThaiWai]

If Thai law applies the Thai marriage laws has a solution for this and she and to go to Court, She need a lawyer.

If she can proof the reason for divorce the Court will grand the claim and she will be divorced in about 1 year when hte process was put for trail in Court..

Grounds for divorce In thailand

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 physically or mentally harmed the other

Lack of Maintenance and 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 and dangerous disease

One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.

one reason and supporting reason .

also she will probably need witnesses

if she is registered in Thailand and the marriage is in Thailand she can try to file. if she file first she has a change the trail wil be held in Thailand.

she will need a lawyer to have things doing the proper way

So if I am the female in this equation I would chose number 4. Seems easiest. Certainly the most enjoyable. Hey OP what this girl look like? Maybe I'll be her "witness".

[Meekoz]

Thanks for the quick answers. Is it possible to bypass the 12 month rule and divorce withouth waiting one year? Will she need a lawyer in Thailand or does she have to ask for one in Australia?

[oxo1947]

MeeKoz----your English seems to be very good----if you Google women's shelters Australia, it is for abused women, but they will help you even through your friend is in Thailand--by help I mean they know the Australian laws (and if possible the ways round them) one SKYPE conversation will give you all the facts better than some opinions on here, they will probably e-mail you the papers that you need to start the process.

[rhodie]

Thanks for the quick answers. Is it possible to bypass the 12 month rule and divorce withouth waiting one year? Will she need a lawyer in Thailand or does she have to ask for one in Australia?

I think the only way you can get out of a marriage in less than one year is to have it annulled and that would require a seriously good reason. Good luck.

[frank0424]

Seeing that it is Australia, I think it is best to go to the local Aussie prison where most of the people live.

I reckon the percentage of people in prison is greater in the country you come from or should be.

[GOLDBUGGY]

If I was her I would just dump him. Tell him there marriage is over and move on. You don't need Divorce Papers to do that. If later in life the need arises to get a Divorce then worry about it then. Over time, he might be the one seeking Divorce and she won't have to do anything except sign the papers.

To live together you don't need a Divorce either. I fact you don't even need a Marriage Contract to do that. Many people stay together in a happy relationship without a Marriage Certificate. So why push for something at her expenses when she doesn't need that to be happy?

[AlexRRR]

You have to be separated for a year and there is a cost to divorce, there is a do it yourself option, when i divorced my Thai ex in 2013 it cost $750 would be more now, since they registered the marriage in Thailand she might be lucky and be able to divorce Thai style asking there might get you the answer you need.