Divorce by mutual consent

[Markthecarper]

Hi, this is my first post and really in need of some help.

i divorced my Thai wife eight years ago by mutual consent in Thailand .

i have decided to marry my fiancé here in England .

The registry office have questioned if my divorce was registered in a Thai court.

it was not as I was told this was not needed as the divorce was by mutual consent .

where do I stand legally in England ?

they have asked for a written statement to verify  if the divorce was sanctioned by a court in Thailand .

it was carried out in a local Amphur.

i appreciate your advice 

[keeniau96]

Quite a conundrum due to the registry office phrasing. You were married and divorced by the competent legal authority in Thailand. What is the official registry office regulation, maybe just a clerk's opinion re the court?

[Kwasaki]

Firstly my question would be that you say you were married but was it an official marriage with a marriage certificate issued. ??

 

 

 

 

[Markthecarper]

1 hour ago, Kwasaki said:

Firstly my question would be that you say you were married but was it an official marriage with a marriage certificate issued. ??

 

 

 

 

Yes I was officially married and received a certificate

[Minnehaha]

 

I recall this question was asked before. The guy was American. The answer was - to answer US authorities' questions, he needed to sign an affidavit and provide the Thai papers and "legal translation" or "notarized translation by Thai Embassy" or similar thing basically showing the Thai record of divorce being issued. 

By going through the Thai Embassy or Consulate in some way, it confirms the paperwork is official. I believe a divorce decree includes the date / place / parties of marriage so that covers the beginning as well. 

[Bantex]

When you divorced, did the local amphur give you any paperwork acknowledging the divorce, if so a translated copy should suffice the registry office clerk.

If you were not given any papers, the divorce will still be recorded at the amphur, contact them for a copy.

 

[Markthecarper]

15 minutes ago, Bantex said:

When you divorced, did the local amphur give you any paperwork acknowledging the divorce, if so a translated copy should suffice the registry office clerk.

If you were not given any papers, the divorce will still be recorded at the amphur, contact them for a copy.

 

Thanks for your reply . I have all the official certificates and translated documents included ministry of foreign affairs stamp. But here in the U.K. They are asking if a court sanctioned the divorce. I must provide a written statement . I  just worried they might deem the divorce void as a court was not involved . I will write that a court approval was. It needed as it was a mutual divorce 

just hope they will be happy with this . Thanks 

[bark]

2 hours ago, Markthecarper said:

Yes I was officially married and received a certificate

She will also get half of everything you have. You are screwed, if someone like another Farang tells her.

 

[catman20]

i read the first paragraph, when will these chumps learn !!!!!!!!!!!! 

[soalbundy]

This maybe wont help you but i know that in Germany they wont accept an Ampuh divorce,it has to go to court,also there is the question of pension settlement which has to be handled separately by German jurisdiction. Only once the question of the pension pot having been divided according to German law is the divorce recognized, i can imagine something similar in the UK 

[Baerboxer]

43 minutes ago, Markthecarper said:

Thanks for your reply . I have all the official certificates and translated documents included ministry of foreign affairs stamp. But here in the U.K. They are asking if a court sanctioned the divorce. I must provide a written statement . I  just worried they might deem the divorce void as a court was not involved . I will write that a court approval was. It needed as it was a mutual divorce 

just hope they will be happy with this . Thanks 

 

Your dealing, unfortunately, with local government officers who still think the whole world works to British procedures.

 

You need to explain that when both parties agree in Thailand the local Amphur can cancel the marriage as it were. No need to go to court.

 

In the UK it must be done by a court. 

 

 

[Baerboxer]

7 minutes ago, soalbundy said:

This maybe wont help you but i know that in Germany they wont accept an Ampuh divorce,it has to go to court,also there is the question of pension settlement which has to be handled separately by German jurisdiction. Only once the question of the pension pot having been divided according to German law is the divorce recognized, i can imagine something similar in the UK 

 

If both parties agree to the divorce and have agreed the financial split up you still must go to court for the decree nisi and the following decree absolute. Even where both parties agree the judge still goes through things to make sure he/she is comfortable with it. That is the UK, where recently a lady went back to court after it was all settled some years previously and got some more because of her husband's success after the divorce!

 

My understanding in Thailand is that you only need involve the court if agreement cannot be reached.

[soalbundy]

20 minutes ago, catman20 said:

i read the first paragraph, when will these chumps learn !!!!!!!!!!!! 

It's called human nature,you know, love, compassion, the latter seems to be missing in you to be replaced by arrogance.

[Markthecarper]

8 hours ago, keeniau96 said:

Quite a conundrum due to the registry office phrasing. You were married and divorced by the competent legal authority in Thailand. What is the official registry office regulation, maybe just a clerk's opinion re the court?

10 minutes ago, Baerboxer said:

 

Your dealing, unfortunately, with local government officers who still think the whole world works to British procedures.

 

You need to explain that when both parties agree in Thailand the local Amphur can cancel the marriage as it were. No need to go to court.

 

In the UK it must be done by a court. 

 Thank you baerboxer and soalbundy

 

 

[soalbundy]

2 minutes ago, Baerboxer said:

 

If both parties agree to the divorce and have agreed the financial split up you still must go to court for the decree nisi and the following decree absolute. Even where both parties agree the judge still goes through things to make sure he/she is comfortable with it. That is the UK, where recently a lady went back to court after it was all settled some years previously and got some more because of her husband's success after the divorce!

 

My understanding in Thailand is that you only need involve the court if agreement cannot be reached.

Yes i agree and as long as you stay in Thailand you will have no problems but the OP is back in the UK and wants to get married again under British law obviously they want to know if everything has been settled according to British law, the pension pot being the main stumbling block i could imagine. When the husband dies his new wife and his old wife both have some rights to a part of his pension.

[Baerboxer]

11 minutes ago, soalbundy said:

Yes i agree and as long as you stay in Thailand you will have no problems but the OP is back in the UK and wants to get married again under British law obviously they want to know if everything has been settled according to British law, the pension pot being the main stumbling block i could imagine. When the husband dies his new wife and his old wife both have some rights to a part of his pension.

 

In my case I agreed to give my ex-wife part of my frozen pensions. We both agreed the sum and the judge rubber stamped it.

 

 

[realenglish1]

If you where divorced by Amphor decree then you need a copy of the decree signed my the amphor

This is what I have and it was totally acceptable by the government No need for a court order

[metisdead]

A post containing a derogatory slur toward Thais has been removed. 

[Krataiboy]

When you divorce in Thailand you should get a divorce certificate from the office which registered your marriage.

[Jaggg88]

Why don't you return to Thailand with your fiance and get married. Sounds like it would be simpler.

[UniqueWord]

Hello Mark,

Here's my few words that may help you.  I was married and divorced in Thailand, and I got my wife to sign a piece of paper that she gave up all rights to any future claims on me; this was accepted by a Thai court.

Despite this, my Pension Benefits could not be transferred to my new wife because the rules stipulated such a renouncement had to be executed and witnessed in the presence of a Notary.  I was unaware of this rule when I divorced.

Although the divorce was reasonably amicable by Thai standards, when my ex-wife became aware of the problem, it was difficult to persuade her to execute and notarize such a legal instrument without some sweetening, i.e. money.

I advise you to seek clarification on the precise document(s) required by the Registrar or competent authority in UK, and the legalization required.

When you have this information, you can then proceed to obtain these document(s) together, if necessary, with your ex-wife.  But I would caution you to release as little as possible to your ex-wife regarding the importance of this, however amicable your relationship may be.

FYI, my problem did not come from UK but from USA, a society which seems to thrive on litigation.  But I think my message is pertinent to both.

Good Luck, UW.

[thonglorjimmy]

10 hours ago, Krataiboy said:

When you divorce in Thailand you should get a divorce certificate from the office which registered your marriage.

Actually I think any Amphur can register a divorce, they certainly did in my case.
I got married an Prachuap some ten years ago and registered the divorce in Bangkok last week and was issued with the divorce certificate.
I had no idea where my (now ex) wife was so I went to court in Prachuap, a judge granted the divorce, and whilst he actually ordered that she pays me compensation I haven't got a bat in hells chance of getting one satang, I then pitched up at my local Amphur and they registered the divorce, seems they all have access to the same database.   

[catman20]

14 hours ago, soalbundy said:

It's called human nature,you know, love, compassion, the latter seems to be missing in you to be replaced by arrogance.

i read the first paragraph, when will these chumps learn !!!!!!!!!!!! 

your obviously married, Properly 55 plus, got kids. id rather be arrogant, than a laughing stock ! chump

[Kwasaki]

19 hours ago, Markthecarper said:

Yes I was officially married and received a certificate

 

OK If you received paperwork to the wording that you are divorced,  part of the paperwork should be recognized in Thai as an official Thai decree absolute and the dissolution of marriage is final.

As you are in UK l first would go to Thai Embassy and ask for help there.

[bark]

22 hours ago, soalbundy said:

It's called human nature,you know, love, compassion, the latter seems to be missing in you to be replaced by arrogance.

How would you feel if you hurt his feelings ?  You bad man  :)

Cheers

[Retiredandhappyhere]

As your Amphur office has the power to marry you and issue a Marriage Certificate, then, providing the two parties agree on the terms of the divorce, including custody of any children, the Amphur Office surely has the power to divorce you and issue a Divorce Certificate.  If you have the Marriage Certificate  AND the Divorce Certificate, that should be sufficient to satisfy your own country.  They have to understand that you do not make the rules in Thailand and you have obeyed the rules and have been legally narried and divorced here.  

 

I have produced both Certificates, with translations, and they have both been accepted in the UK, although it was not for the purpose of remarrying.

 

As an aside, why is it that certain smart alecs on here never answer the OP's questions but merely post arrogant, smug  and often insulting comments.  A little politeness costs nothing and would put such posters in a much better light. Would it not be possible for the moderators to delete any posts which are not relevant to the subject (which they sometimes do) but also delete any posts which are of a predominently insulting nature? 

[thaibeachlovers]

On ‎30‎.‎11‎.‎2016 at 0:48 PM, Kwasaki said:

Firstly my question would be that you say you were married but was it an official marriage with a marriage certificate issued. ??

 

 

 

 

The OP said it was carried out in a local Amphur. To get a divorce in an amphur one would have to be officially married first.

 

 

OP - Mutual consent is irrelevant. You should have a certificate from the amphur office. You might have to get it translated, but that is proof.

If you haven't got the certificate and can't remember the amphur, you may be able to make a statutory declaration, but that would probably take time to verify.

Otherwise you would have to go to the family court in LOS to declare separation and wait a few years for it to be final.

Are you in contact with ex wife? That would help, if she is talking to you still.

 

You would probably do better on the divorce sub forum.

[thaibeachlovers]

On ‎30‎.‎11‎.‎2016 at 9:07 PM, Krataiboy said:

When you divorce in Thailand you should get a divorce certificate from the office which registered your marriage.

Not so. Any amphur office can register a divorce if mutually agreed.

[soalbundy]

On 12/1/2016 at 0:26 AM, Jaggg88 said:

Why don't you return to Thailand with your fiance and get married. Sounds like it would be simpler.

except that the marriage wouldn't be recognized back in the UK as his divorce is still in question with regards to British law

[Krataiboy]

14 hours ago, thaibeachlovers said:

Not so. Any amphur office can register a divorce if mutually agreed.

 

Sure you are right? 

 

According to Siam Legal,, "the couple . . . need to register their divorce at the District Office where they marriage registration was held, or at least at the Register Office of the province where the Thai couple/ Thai national lives".