Divorce Advise.

[nixy67]

I need some input guys if possible.

My girlfriend wishes to divorce her Austrian husband who is refusing to return to Thailand to start proceedings here, that being so she has been to see a lawyer this morning in Bangkok and they will do all paperwork save for translation into German and sending the documents for him to sign in Austria and want the full amount of the cost of the divorce i.e the paperwork completed etc up front, I personally do not like the idea of paying up front for something they have not even started, why don't they send the bill when the divorce is finalised. It's not a big amount 20.000 THB but i am still wary of paying the full amount up front before they get off the backside. Any helpful advice would be appreciated, thanks in advance.

[harrry]

Unless he wishes to come to Thailand he cannot just sign for a divorce it must go through the courts here anyway as both must go to the amphur for an administrative divorce and there are conditions with court divorces.  Not a short process... look 2 years 

 

[Kwasaki]

It's normal for Thai lawyer firms to want payments up front.

 

Divorce in Thailand can be done in the absence of the other party but will take time.

[harrry]

Yes but only through the courts and for the reasons in the act.

Generally the easiest is 2 years seperation

 

[nixy67]

They have been separated for two years next month.

[harrry]

My guess then a minimum of 6 months....only through the courts.  She must appear at the court in person on day of case.  This assumes no children,,,if there are a further complication.

Edited December 27, 2016 by harrry

[kannot]

57 minutes ago, sandgroper2 said:

Absolutely no reason to get married, forget visas, there are other ways. There are only disadvantages. Success rates in western countries less than 50 percent, in Thailand, less than 99.9. Aveagoodday. 

married  10  years thanks (first time) avinagoodday

Edited December 27, 2016 by kannot

[nixy67]

I am not getting married, she wants to divorce him as the question I posted states, one in every village and it aint a telephone box.

[MasterChief86]

how flexible are australian lawyers? for that matter, how affordable are they?

[sanemax]

21 minutes ago, MasterChief86 said:

how flexible are australian lawyers? for that matter, how affordable are they?

 

   Why Australian ?

[nixy67]

He is Austrian and it makes no difference they were married here under Thai Law. So need to be divorced here from what I understand. He can divorce her in Vienna, but as they were not married there is of no consequence, other than that just clears the way for him to re - marry there if he so chooses. Regardless he would still be married under Thai law as would she.

[beano2274]

13 minutes ago, nixy67 said:

He is Austrian and it makes no difference they were married here under Thai Law. So need to be divorced here from what I understand. He can divorce her in Vienna, but as they were not married there is of no consequence, other than that just clears the way for him to re - marry there if he so chooses. Regardless he would still be married under Thai law as would she.

a divorce in any country is valid in Thailand.

 

But the woman who wants the divorce is presumably in Thailand, she can after a period of 2 years file for divorce as he was absent, but she must prove that they were seperated during this time.

[hanuman2543]

The time frame for abandonment is 3 years. Have a look at the CCC starting from Section 1516

Edited December 27, 2016 by hanuman2543

[catman20]

on my village we wanted to set up a JP we had to pay a lawyer 100,000 up front it took a year and nothing happened, we got a new lawyer same thing 100,000 up front again not much happened for another year in the end we did most of the work ourselves and got it done. all this money up front is BS but if they all stick to it what can you do.

[tagalong]

Nixy67... You made my day with your response re, Village....

[nixy67]

He is Austrian and it makes no difference they were married here under Thai Law. So need to be divorced here from what I understand. He can divorce her in Vienna, but as they were not married there is of no consequence, other than that just clears the way for him to re - marry there if he so chooses. Regardless he would still be married under Thai law as would she.

[nixy67]

Cheers tagalong....................

[bandito]

15 hours ago, nixy67 said:

He is Austrian and it makes no difference they were married here under Thai Law. So need to be divorced here from what I understand. He can divorce her in Vienna, but as they were not married there is of no consequence, other than that just clears the way for him to re - marry there if he so chooses. Regardless he would still be married under Thai law as would she.

 Not true, I got divorced in my country and this was recognised by Thai Law.

Divorced in Europe, came back and registered the divorce at Bangrak Amphur where I got married. Took 2 years to divorce.

Nothing the Thai woman could do about it.

[nixy67]

Good man Bandito, just to be clear if the marriage was recognised in a foreign country i.e. Europe (which it is and he apparently has divorced her there, yet no paperwork has been sent to Thailand as yet) she just needs to translate those documents into Thai and take to a Amphur and register the divorce there it can be done that way ?. Or does he need to register the divorce at the Amphur himself (bearing in mind he is refusing to travel to Thailand).

[daveAustin]

Just file for abandonment (thought it was two years), won't need any input from him and avoid the vulture lawyers.

 

ps - none of my business, but any specific reason why he might have 'abandoned' her?... keep an open mind op.

[nixy67]

She left him.

[AlQaholic]

Any Thai lawyer you choose will demand upfront payment, as well as the courts...

[boooker]

25 minutes ago, bandito said:

 Not true, I got divorced in my country and this was recognised by Thai Law.

Divorced in Europe, came back and registered the divorce at Bangrak Amphur where I got married. Took 2 years to divorce.

Nothing the Thai woman could do about it.

True...you can do it from Austria takes some time but it may save you some money too.Hereby make use of your District & Thai Embassy get the papers to engage and the rest comes automatically

[georgemandm]

19 hours ago, nixy67 said:

I am not getting married, she wants to divorce him as the question I posted states, one in every village and it aint a telephone box.

If your not getting married to her why do you care about a divorce? .

and most Lawers all over the world want the money up front, go's in to a trust Acc .

it is not like paying someone to fix your car it is very drifter.

[sekmet]

She will divorce you next. Hide your money.

[georgemandm]

Just now, sekmet said:

She will divorce you next. Hide your money.

Very , very true, I for one would never ever date a thai woman who had a  foreigner as a ex boyfriend or ex husband no way in the world.

bad news those women in thailand.

[nixy67]

I have no plans to re-marry been there done that in the UK plus I don't like wedding cake. We can all be wary of Thai girls, most women from wherever can be just as sneaky in the same way most Thai girls we are, just some guys are more stupid than others hence why they lose everything. Thankfully 3 years living and working here has taught me the minute they act up or begin to, I show them the door .

[lungnorm]

Too much trouble. Find a new G/F with no strings attached. Plenty there to choose from.

[nixy67]

Indeed but there all nuts !

[lungnorm]

22 minutes ago, nixy67 said:

Indeed but there all nuts !

What they don't get your jokes either?