Staycool Posted April 11, 2016 Share Posted April 11, 2016 Dear all, Im looking for some advise please about a situation i have. It seems complicated but i just hope some of you people here may be able to shed a little light? I met my thai gf 6 years ago. we have lived together in thailand and travelled a fair bit. She has visited me in england twice. Last year we planned to marry so i gathered all my papers together made a trip to Thailand and booked in to the British embassy to get my affilliation to marry etc. It was at this stage I found out that my gf was still married, which i already knew but apparently her devorce papers were not complete. Her problem is that she married a Taiwanese guy and moved to Taiwan where she lived and worked many years. i met her after she split up with him and returned back to Thailand. Her husband resides in Taiwan and has told her that he is not prepared to go to Thailand just to sign the divorse papers as he cant afford it. Apparently, and this is the bit im trying to find out, is that he is required to go to the ampure where they married and sign the documents in person? Is this correct or what would the law state in this respect? Im pretty stummped for now as we want to get married so that we can get started with the visa procees and British Citizenship for my gf so that in later years we can travel without issues. Any information would be greatly appriciated thanks Regards Link to comment Share on other sites More sharing options...
cornishcarlos Posted April 11, 2016 Share Posted April 11, 2016 Pay for his flight to Thailand, problem solved ! Link to comment Share on other sites More sharing options...
AlexRRR Posted April 11, 2016 Share Posted April 11, 2016 The ex is doing you a favor, the universe works in mysterious ways, dont fight it. Link to comment Share on other sites More sharing options...
Crossy Posted April 11, 2016 Share Posted April 11, 2016 I think she can divorce him on the grounds of abandonment. Moving to Marriage and Divorce. Others with more knowledge reside here. Link to comment Share on other sites More sharing options...
BritManToo Posted April 11, 2016 Share Posted April 11, 2016 I believe the Taiwanese fellow can sign the documents at the Thai embassy in Taiwan. Link to comment Share on other sites More sharing options...
lopburi3 Posted April 11, 2016 Share Posted April 11, 2016 AFAIK there is no Thai Embassy in Taiwan. Link to comment Share on other sites More sharing options...
Bredbury Blue Posted April 11, 2016 Share Posted April 11, 2016 I think she can divorce him on the grounds of abandonment. Moving to Marriage and Divorce. Others with more knowledge reside here. Correct, abandonment. Go with gf to see a lawyer; take relevant marriage paperwork. Should be relatively inexpensive. A letter is normally issued informing the other party (taiwanese in this case) and giving them the right to challenge the divorce grounds within x days. Your gf will just need her ex-bf address for the letter to be issued to. No show/no challenge = divorced. Link to comment Share on other sites More sharing options...
bubba1 Posted April 11, 2016 Share Posted April 11, 2016 AFAIK there is no Thai Embassy in Taiwan. The equivalent. The US doesn't have an embassy either http://www.tteo.org.tw/main/ Link to comment Share on other sites More sharing options...
happylarry Posted April 11, 2016 Share Posted April 11, 2016 One problem with the last couple of suggestions....the wife left Taiwan so she abandoned him so how can she sue him for divorce based on those grounds....lol Anyway for the OP's info:- to get divorced in an amphur both parties have to be present and willing, Any other divorce has to be done in court and will cost a lawyers fee etc. To sue for abandonment one year has to pass, For a normal divorce because of a mutual split then three years has to pass. For any other reason ie: adultery or violence etc. then it can be done at any time. Hope this helps. HL Link to comment Share on other sites More sharing options...
Bredbury Blue Posted April 11, 2016 Share Posted April 11, 2016 (edited) Section 1516, Title I of the Civil and Commercial Code of Thailand provides that Grounds for divorce are as follows: 4) One spouse has deserted the other for more than one year, the latter may enter a claim for divorce.This ground refers to abandonment. The abandoning spouse must leave the family home without the consent of the other spouse. Also, the abandonment must be characterized by the abandoning spouses unwillingness to continue family life with the deserted spouse. 6) The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years, by the order of the Court, either spouse may enter a claim for divorce. https://www.hg.org/article.asp?id=23648 I would suggest contacting a local lawyer. They can be quite 'resourceful'at finding a quick solution, see my earlier post which hints how. Edited April 11, 2016 by Bredbury Blue Link to comment Share on other sites More sharing options...
happylarry Posted April 11, 2016 Share Posted April 11, 2016 I think she can divorce him on the grounds of abandonment. Moving to Marriage and Divorce. Others with more knowledge reside here. Correct, abandonment. Go with gf to see a lawyer; take relevant marriage paperwork. Should be relatively inexpensive. A letter is normally issued informing the other party (taiwanese in this case) and giving them the right to challenge the divorce grounds within x days. Your gf will just need her ex-bf address for the letter to be issued to. No show/no challenge = divorced. BB you make it sound like its the lawyer that sends the husband a letter, you need to make it clear that the lawyer has to draw up all the paperwork and to then submit it to the court and its the court that sends the letter to the other party. Therefore you need to officially engage the lawyer and to pay the court fee's etc so its not as easy and cheap as you make out. And also if the other party does not reply within the given time then the case still has to go through the court procedure in order to get a divorce ruling. It can be done but as with everything, it will have a cost. HL Link to comment Share on other sites More sharing options...
Robert24 Posted April 12, 2016 Share Posted April 12, 2016 On a serious note, just do a Budhist wedding and skip the part with paper signing. Quite common here also with Thais. It might be even beneficial for you in the long run, gives you mote options and frankly it's her problem not yours. Link to comment Share on other sites More sharing options...
Toscano Posted April 12, 2016 Share Posted April 12, 2016 The ex is doing you a favor, the universe works in mysterious ways, dont fight it. I agree with AlexRRR . Marriage of a westerner to a Thai woman , may seem simple , but it is fraught with tensions and difficulties . Language is a major problem , culture , education and religion all add to the difficulties . " Old Habits Die Hard "!!! One can embrace a new culture , but will soon fall back to what you grew up with . If you speak perfect Thai and she speaks your language perfectly , most Thais don't know much about anything , so there is not much to have an interesting conversation about . I can speak from experience , a few days short of 79yrs , married to beautiful university educated and professional Thai , I have lived in several different countries and also know foreign people who have lived in my country . I do understand your problem if you want to travel extensively together ! My advice to any man coming to live in Thailand , firstly don't rush into marriage , know your partner well . Bar girls and girls from resorts are for short time only , once a bargirl always a bargirl . Get a retirement visa , if you MUST marry you can have a Thai village or traditional wedding that has no legal ties , you can walk away at any time , without it affecting your visa status and ability to live independently in Thailand . In the circumstance of your gf wanting a divorce , you need to engage a good international lawyer who can advise and manage it for you . As a commenter suggested , you may have to buy the husband a return ticket and accommodate him nicely in Thailand . Link to comment Share on other sites More sharing options...
HooHaa Posted April 12, 2016 Share Posted April 12, 2016 AFAIK there is no Thai Embassy in Taiwan. The equivalent. The US doesn't have an embassy either http://www.tteo.org.tw/main/ gee you reckon? how about china? Link to comment Share on other sites More sharing options...
leither69 Posted April 12, 2016 Share Posted April 12, 2016 Simple, live together, don't marry. Link to comment Share on other sites More sharing options...
doublephil Posted April 12, 2016 Share Posted April 12, 2016 If she has been separated more than 3 years - she can divorce without any consent from the husband - and even without him knowing about it. My former Thai wife refused to go to the Amphur to do what is called an administrative divorce - so I got a lawyer to petition for divorce in the court on the grounds of irretrievable breakdown of marriage. They sent correspondence to her last known address in Thailand - which of course she never received - but that was in accordance with Thai law - and the court was not interested in her current location overseas or anywhere. She was actually in the UK with her new boyfriend and new nothing about it until she returned to Thailand 6 months later. Total cost including lawyers fees and court fees was 25,000 baht - and whole process took only 2 months. This is standard work for any Thai lawyer - so should be quite easy to find one who can do it for her. Link to comment Share on other sites More sharing options...
catman20 Posted April 12, 2016 Share Posted April 12, 2016 What makes you think your marriage would last any longer than the last man ? Save yourself lot's of problems and stay as you both are. Link to comment Share on other sites More sharing options...
Farma Posted April 12, 2016 Share Posted April 12, 2016 If she has been separated more than 3 years - she can divorce without any consent from the husband - and even without him knowing about it. My former Thai wife refused to go to the Amphur to do what is called an administrative divorce - so I got a lawyer to petition for divorce in the court on the grounds of irretrievable breakdown of marriage. They sent correspondence to her last known address in Thailand - which of course she never received - but that was in accordance with Thai law - and the court was not interested in her current location overseas or anywhere. She was actually in the UK with her new boyfriend and new nothing about it until she returned to Thailand 6 months later. Total cost including lawyers fees and court fees was 25,000 baht - and whole process took only 2 months. This is standard work for any Thai lawyer - so should be quite easy to find one who can do it for her. An ex sister in law went through an identical procedure when her Thai husband headed overseas and deserted her. It took about 2 or 3 months for the court to issue the divorce verdict. Link to comment Share on other sites More sharing options...
thaiduncankk Posted April 12, 2016 Share Posted April 12, 2016 What makes you think your marriage would last any longer than the last man ? Save yourself lot's of problems and stay as you both are. If he can't afford the airfare, possibly the reason it went pear shaped, funds ran out. Link to comment Share on other sites More sharing options...
asdecas Posted April 12, 2016 Share Posted April 12, 2016 What makes you think your marriage would last any longer than the last man ? Save yourself lot's of problems and stay as you both are. And what makes you think the OP is seeking your opinion on the longevity of his prospective marriage? His original post is clearly asking for legal advice related to his girlfriend's previous marriage. He also plainly states he wants to get married to assure his wife's future prospects. I see no sign of the OP asking for gratuitous opinion from idle Thaivisa barstool jockeys with nothing better to do than post negative comment. Link to comment Share on other sites More sharing options...
Bredbury Blue Posted April 12, 2016 Share Posted April 12, 2016 I think she can divorce him on the grounds of abandonment. Moving to Marriage and Divorce. Others with more knowledge reside here. Correct, abandonment. Go with gf to see a lawyer; take relevant marriage paperwork. Should be relatively inexpensive. A letter is normally issued informing the other party (taiwanese in this case) and giving them the right to challenge the divorce grounds within x days. Your gf will just need her ex-bf address for the letter to be issued to. No show/no challenge = divorced. BB you make it sound like its the lawyer that sends the husband a letter, you need to make it clear that the lawyer has to draw up all the paperwork and to then submit it to the court and its the court that sends the letter to the other party. Therefore you need to officially engage the lawyer and to pay the court fee's etc so its not as easy and cheap as you make out. And also if the other party does not reply within the given time then the case still has to go through the court procedure in order to get a divorce ruling. It can be done but as with everything, it will have a cost.HL Two posters have now stated what I was hinting. It's not difficult, it's not costly and it can be done within months. Link to comment Share on other sites More sharing options...
mesterm Posted April 12, 2016 Share Posted April 12, 2016 Why'd she leave him? Link to comment Share on other sites More sharing options...
csabo Posted April 12, 2016 Share Posted April 12, 2016 Marriage is a ridiculous institution steeped in sexism. It's shameful we have to live in a medievel world where a man can possess a women preventing her from leaving by merely refusing to do so. What a joke. OP wants to play this game so be it but her marriage is her problem. This will end up with the Op paying for everything and the Taiwanese guy getting a free vacation in Thailand. Give a guy a shovel and watch him dig his own grave. Amazing. Link to comment Share on other sites More sharing options...
Robm579 Posted April 12, 2016 Share Posted April 12, 2016 (edited) Immigration in uk and nz don't give a rats if you're married or not ... Thai wedding is not recognised in either anyway ... You simply have to demonstrate sustained and enduring relationship.... Over many years ... Joint bills ...tenancy agreements ...pics ... With friends ... Texts email ...whatever you have Stupid idea get fly the ex over here... Edited April 12, 2016 by Robm579 Link to comment Share on other sites More sharing options...
cat handler Posted April 12, 2016 Share Posted April 12, 2016 Just go out and find another Asian guy to pretend to be him and get him to sign the papers in her husbands name, Link to comment Share on other sites More sharing options...
chuang Posted April 12, 2016 Share Posted April 12, 2016 (edited) I think she can divorce him on the grounds of abandonment. Moving to Marriage and Divorce. Others with more knowledge reside here. On ground of separartion for x number of years.. Edited April 12, 2016 by chuang Link to comment Share on other sites More sharing options...
GlobalExcellence Posted April 12, 2016 Share Posted April 12, 2016 From previous enquiries, I heard from the (Chonburi) Ampue officers handling divorces that there are "uncontested" or "contested" divorces possible. In the case of the latter, it basically just means there are no assets of any kind and that both the parties do not have to be present, IF the absent party is represented by a legally authorized person (with a limited POA) ... How accurate or true the information is, I can not attest to because I did not get divorced, it was just to prepare for "in case" :-) Despite what many might say, it would probably be best to go to the ampue where she was married and let them instruct you accordingly. Good luck and blessings with the new marriage Link to comment Share on other sites More sharing options...
likeke Posted April 12, 2016 Share Posted April 12, 2016 Seriously, why get married? If you plan to have kids then I can see marriage as appropriate. But in most cases, it only causes more problems. Think about what you want in a cross cultural relationship. Marriage didn't work for her the first time, and you can see the problems it has caused you now. The previous suggestion of a village wedding without the legal implications sounds like a viable option. I have been married before, and find that being single is best for me. Up to you. But for crying out loud think about it long and hard. Don't be a statistic or a cliche. Link to comment Share on other sites More sharing options...
mihalis Posted April 12, 2016 Share Posted April 12, 2016 Why waist time, just call a lawyer..... Link to comment Share on other sites More sharing options...
ozyjon Posted April 12, 2016 Share Posted April 12, 2016 Who want's to marry anyway and why. Link to comment Share on other sites More sharing options...
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