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  1. #1
    Moderator richardb's Avatar
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    Default Divorce In Thailand.Thai Lady wants a divorce English ex wants 1.500.000THB

    i should know this but today seem dislocated from my knowledge.

    Friend of the family.

    Married in Thailand . 7 years separated. She is in Thailand. He is in the UK.

    Surely she turfs up at the ampor fills in various forms pays 200Bht.

    Hasta la vista.

    Richard
    Last edited by richardb; 23rd Nov 2015 at 01:09.
    It takes courage to grow up and turn out to be who you really are

  2. #2
    Premium Member caller's Avatar
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    I thought both had to be present? But I know there will be ways around that. Got to get around to doing this myself at some stage.
    'Tis me

  3. #3
    Moderator richardb's Avatar
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    Any one else know if he has to be present. Surely she can effect service of the petition abroad if it is even necessary after 7 years separation.

    Ground For Divorce In Thailand

    1. a 3-year period of separation
    2. One spouse has deserted the other for over one year
    3. The husband has taken another woman as his wife
    4. The wife has committed adultery
    5. One spouse is guilty of misconduct (criminal or otherwise)
    6. One spouse has physically or mentally harmed the other
    7. Lack of Maintenance and Support
    8. One spouse has had incurable insanity for at least 3 years
    9. One spouse has broken the bond of good behavior
    10. One spouse has an incurable, communicable and dangerous disease
    11. One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.

    Richard
    It takes courage to grow up and turn out to be who you really are

  4. #4
    Forum Dinosaur ไดโนเสาร์ Linne's Avatar
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    re #9 what is good behaviour ?

    re #10 what happened to sickness and health ?

    re # 11 so what happens when the male needs viagra and cannot afford ?

  5. #5
    Moderator richardb's Avatar
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    Well in the UK the grounds are 5 according to the Govt website

    Grounds for divorce

    You must show there are good reasons for ending your marriage. You can give 5 grounds for a divorce.

    Adultery

    Your husband or wife had sex with someone else of the opposite sex, and you can no longer bear to live with them.
    You can’t give adultery as a reason if you lived with your husband or wife for 6 months after you found out about it.

    Unreasonable behaviour

    Your husband or wife behaved so badly that you can no longer bear to live with them.
    This could include:

    • physical violence
    • verbal abuse, eg insults or threats
    • drunkenness or drug-taking
    • refusing to pay for housekeeping

    Desertion

    Your husband or wife has left you:

    • without your agreement
    • without a good reason
    • to end your relationship
    • for more than 2 years in the past 2.5 years

    You can still claim desertion if you have lived together for up to a total of 6 months in this period.

    You have lived apart for more than 2 years

    You can get a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.
    Your husband or wife must agree in writing.

    You have lived apart for more than 5 years

    Living apart for more than 5 years is usually enough to get a divorce, even if your husband or wife disagrees with the divorce.

    If she can't get divorced in Thailand I suppose for rather less than the 1.5Million Baht husband demands she can get divorced here in the UK.

    Richard
    Last edited by richardb; 30th Nov 2015 at 00:15.
    It takes courage to grow up and turn out to be who you really are

  6. #6
    Premium Member caller's Avatar
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    Thinking about it logically, if one partner really has gone awol and there is no trace of them, I guess that has to be taken into account when seeking a divorce.

    But I do know of someone who got a divorce, whose husband had gone awol, but they knew where his family were and via them, he was in effect, instructed to attend - and did. But that was out in the boonies where as I have learnt, a different set of ethics and rules apply!
    'Tis me

  7. #7
    Guest Flip's Avatar
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    As an expert on this subject............55555 (2 divorces in Thailand)

    Both parties must be present and both must state that and agreement has been reached on finances and custody/access to any offspring there may have been from the relationship. A divorce will not be granted by the Amphur if either party states they have not reached agreement - such cases must go before the courts.

    There is actually no fee for the divorce itself but if you need a witness - one can usually be 'found' for 2-500 baht.

    No appointment needed - just turn up and if there's no queue the whole process takes about 30 minutes.

    As far as I know, the 'quickie' Amphur divorce process applies only to couples who are present and in agreement. It may be possible for one party to be missing for whatever reason but I suspect those cases will be dealt with by the courts or there may be a more complicated process at the Amphur but I doubt it.

  8. #8
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    Do you return to the same Amphur office where you got married OR any office?

  9. #9
    Guest Flip's Avatar
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    I believe the law states that you can divorce at any Amphur but.......this is Thailand. When I divorced my first Thai wife we went to the nearest Amphur but were then sent to Bangrak which is where we were married. So, play on the safe side and go to the one you married at.

  10. #10
    Premium Member andye's Avatar
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    Talking

    Got to agree with Flip.

    But also remember that both copies of the original marrige certificate are required.
    Seem to remember that these were carefully torn from one piece of paper to give the two certificates.

    On divorce they check to see that the torn edges match.

    A way of checking that those divorcing are who they say they are. So its no good getting a friend to pretend to be someone they are not!

    andye

  11. #11
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    Can anyone explain Thai divorce proceedings? How are contested divorce proceedings conducted and who then decides the final settlement? Can proceedings still be conducted if only one party will agree to attend, e.g. me?

    i found out my wife (living with me in the UK on settlement visa's with her daughter) has approached Citizens Advice thinking about divorce in the UK despite us being married in Chiang Mai just 15 months ago. I am determined to get a divorce, big mistake I made.

    I have no assets in Thailand so would assume much less financial loss there than in UK but I don't have any idea or detail how UK law will impact on me?

  12. #12
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    I believe contested divorces must be dealt with by the courts. Certainly both parties must attend if you mean at the Amphur and you must have agreed on finances and made provisions for any children.

    Your financial loss could be less in Thailand but only if your wife agrees, although a Thai court will take assets held before marriage into account. Your problem is likely to be........getting your wife to agree to a divorce in Thailand.I wouldn't have thought she'd be due for very much in the UK due to a short marriage but no doubt she thinks she will get 50/50.......that story persists in Thai circles. It is also possible that a UK solicitor will advise her she could get more than she actually will in a UK court.......I wrote more on this somewhere......if I get time I'll find it for you.....or you could try a search.

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by andye View Post
    But also remember that both copies of the original marrige certificate are required.
    Well..............almost and you'd be well advised to take both copies. As usual my ex didn't have her copy with her and I knew it would cause a problem. I told her not to say she'd left it in the UK or they could refuse the divorce (and apparently they would)...................so she 'left it in a taxi' the night before. That meant a trip across the road to the police station to report it 'lost' and obtain the all important police report which then sufficed as a reason for just one certificate.

  13. #13
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    It's been an eventful past 2 weeks or more. Today we have compromised, each giving in on previous entrenched positions. Married life is challenging and demanding.

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