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Divorce granted by court, anything else to do?


thonglorjimmy

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I married a Thai lass nine years ago, all went well for a week or so and then I left the family home, fearing for my own life and that it was obvious that we were not going to live happily ever after.

Tried a few times to divorce her but she indicated that she couldn't be bothered, a couple of lawyers failed miserably, how hard could it be, but of course retained the up front fee.

Finally stumbled across a straight lawyer, who not only got a court order dissolving the marriage but got me costs awarded, though the chance of getting anything out of her are pretty remote.

I've been living with my current partner for seven years and we want to marry, I have an order from the court which my Thai lawyer thinks is sufficient to satisfy the requirements but I thought I still had to get another bit of paper from the Amphur where I registered the original marriage.
I've asked the British Embassy if the court order is sufficient for an affirmation, but they haven't responded, and we are going to ask our local Amphur if the court order satisfies their requirements, but in the meantime has anybody else been through this process and can advise?

I'm getting the court order translated, that may give me a clue.

Thanks in advance

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Should have been easy to get the court to dissolve the marriage if you fulfilled the requirements (separated 3 years).

 

Depends on if your court order is a mutual agreement between you and the wife done in court which the judges signed and stamped (it will say kamm yaam = word agree and probably have the wording - husband wife agree to divorce) of if it is a "court order the divorce"

 

If it's a mutual agreement, then you and the lawyer have to go back to court to have it enforced, then he can bring the enforcement to amphur and get the divorce updated

 

If you have a court order on a dissolved marriage, then you only take that to Amphur and get it updated in the computer. It's actually better if your lawyer goes and does it. It is either included in the price of court sort of or won't cost more than a few thousand baht.

 

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When you sue for divorce in a court the court issues both parties a copy of the final paper and no you are not yet divorced!!! Either one of the parties has to go to the district office with the courts final paper and then they will initiate the divorce and give you the certificate.

HL

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  • 2 weeks later...
  • 4 weeks later...

Thanks for the responses, whilst my lawyer did his job a lot was lost in translation but it's all now done.

 

You guys were right the court order wasn't the end of the process, but the court order I had was only to say the divorce had been granted and she was ordered to pay me compensation, when he said there was nothing more for me to do, it seems he meant at that stage, she had a month to appeal the decision, she didn't and a final court judgement was issued.

 

Armed with that we went to our local Amphur, which is not where the marriage was registered, and they registered the divorce.

 

The Embassy did get back to me advising that the court order was sufficient for an affirmation.

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17 minutes ago, thonglorjimmy said:

it seems he meant at that stage, she had a month to appeal the decision

 

Ha, East is East, and West is West, and never the twain shall meet

 

Not true of course but the differences in culture and thinking goes deep indeed. You lawyer just communicated in the normal way :smile:

 

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On Thursday, October 20, 2016 at 8:24 PM, wangsuda said:

+1 The only way to go! :smile:

An colleague of mine always seemed to have a fit Thai young wife when I saw him around the compound in KSA.  He go a new girl every year and had a village wedding.  This was sufficient for the strict rules of Saudi immigration. 

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