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node

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  1. From what I know you cannot get the Original Divorced Certificate, this was said to me by the Ampur when I got mines. But a copy with a stamp is all you really need.

    That said, start with the Ampur where you registered your marriage. They will know the Ampur where it was done, as I was also told, one  must go back to that divorce Ampur to deal with anything with the divorce. 

    If you get the Ampur and a copy of your divorce (stamped), send it to translate & certified into English, then take that and the copy the Ampur give you to the Thai Ministry Of Foreigner Affairs with your passport to get it legalized.

    You got to remember dates / month years. Both marriage & divorce that will help them track it down. I would suggest you take a person that can read Thai and can translate to you, unless you can.

  2. Let me throw in my (2) cent's worth. 

    If the wife do not agree to a divorce, it takes (3) years here to get one in a Thai court; unless one of those (10) items in the Thai law book plays out. Or you have a document from your home country stating they will grant you a divorce.

    Just remember abondanment is one, but that is only after (1) year of such.

    If she agrees to a divorce you can get that in 20 minutes at a Thai court. 

    If there is/are kids in the mixed that is a different story here. Or house after the marriage. 

    Usually a Thai Judge will not take away the parent rights unless one of you were a bad parent to that kid. Secondly at 12/13 years old they ( Thai Judges)  usually will ask that kid which parent they prefer to be with, expect that.

    That Thai mother with her parents would fight you for the rights to that kid. Again expect that. 

    All I can say is fight for your child. The cards are stack against you here.

    Best do the divorce if she agrees in one of the small provinces here, the lawyers in Bangkok would kill you with price. 

    Also remember if your properties were aquired after the marriage it goes 50/50 here, if land is involved it is her's. Only the house and God help you to get the money from her for it.

    Another good thing of doing this divorce in a small town court is if the Judges say Joint Custody you will not have to pay through your teeth for your kid as in Bangkok. 

    With reference to visa extension here, when your extension is due switch to "retirement" very simple process than marriage extension. Because after divorce you have (7) days to lock up shop and get out of here, if your extension is not process.

    Best live near where the child is being school the Judges look at this.

    The process of registering and collecting the divorce at the Ampur you would need two Thai witnesses you must bring an English interpreter one of the witness can be one. To make sure she / he types exactly what the court wrote on that divorce, otherwise you would go through hell to get that changed. Your original marriage certificate, your passport, a copy of your passport stamped by your Consulate, and translated into Thai, and that

    stamped by the Thai Ministry of Foreign Affairs.

    I trust the above will help you to what you must go through. I might seems a lot but it is not.

     

     

  3. If the house was bought AFTER the signed marriage, she owes you 1/2 the money for the current value of it.

    If so, you can negotiate; pay you the money or no divorce. If she wait the (3) years then go to court you still will get a judgement that she must pay 1/2 the value of it.

    If NOT BEFORE THE MARRIAGE, she owes you nothing for it, and as others say on here, give her the divorce and walk away. 

    She can hang around for the (3) years and get the divorce anyway in court here.

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  4. Just to add, after getting it confirmed at your Embassy; you have to get that confirmation translated into Thai and a stamped places on it at the Thai Ministry of Foreign Affairs. Then take that to the Ampur.

    Of course you must take the original Passport to the MFA.

  5. See a very good ENT Doctor, he will decide if you have Vertigo or not. If yes, he will give you medication and recommend the exercises to do daily for your recovery.

     

    After, best is to see an Herbalist or get a Chinese's Acupuncture, who will give you the Chinese's medication, that with the exercises will sort you out in two weeks.

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  6. 6 hours ago, luckyblock token said:

    hello, how did you manage to divorce at a thai court? without ex wife?

    I would like to do the same. I have lawyer but not the best. my ex does not accept my offer.

    thank you

    cheers Uli

    Firstly my ex-wife was in court. Secondly let me add, not sure where you are from, but some countries do not accept an Ampura divorce, only a court divorce, something you must be very careful with; your country might, the next person you might want to marry with, country may not.

    Okay that's out the way. In Thailand there are only (10) things you can get a judge to divorce a couple in Thailand. I know few. One is abandonment of the family one (1) year. Separation for (3) yrs. Is another. However one is that a Thai Judge would divorce a couple if one is a foreigner and the foreigner home country would allow a Thai judge to divorce him or her. That is the easiest route for a foreigner even if married under Thai law.

    That approval must come from your country courts and Legalized in your home country. It must then be then translated and certified into Thai and legalized by the Ministry Of Foreign Affairs (MFA). This is then taken to the Thai court and applied for a Divorce from your wife.

  7. Let me add; was also told, that the ex must go to the "SAME" Ampur to Register and collect that Certificate.

    So my advice, get one Passport Certified by your Embassy,  send it off to translate into Thai, then take to MFA to get stamped, and just wait till the divorce is final. Collect the court Judgement Certificate,

    then bolt to am Ampur with all documents, Register the divorce  & Collect the certificate.

    One may asked why? If you live in Pattaya and the ex moved back to Chiang Mai and go to the Ampur there before you do, you must fly up there just to get this Registration done and collect the Divorce Certificate, as it must be done where the first Registered is done.

    Just my two cents.

  8. Just so all is clear. If a Thai court divorce you, you all are divorced. 

    I went to a different Ampur; I called before and explained all the documents I am possession of. I was told that is all I needed and two Thai witnesses, one able to interrupt Thai to English correctly. 

    No ex-wife has to be present. When, handed all documents, including my Marriage Certificate, confirmed all the Ampur typed, signed, collected my Divorce Certificate, and it was Registered.

    I then asked, why the last Ampur required that my ex-wife be there? The Ampur said, "many do not know the law, but pretend they do".

  9. Thailand living in a dream world. The Chinese's prop up this economy before, and without them Thailand now have to go after the wealthy and charge them taxes. They need to recover, but the world over is going down, people just do not have the money anymore. 

    People are moving back in with their parents.

    The cost of an airline ticket to come to Thailand has tripled. 

    But I reckon the Thai Politicians heads are still buried.

  10. It appears all, as one said, you will get a different response depend on the Ampur you used.

    Ampur generally wants a copy of the passport stamped by your Embassy and certified in Thai by a translator with that stamp. Then you taken the original and the stamped translated certified copy to the Ministry Of Foreign Affairs had get that legalized with their stamp. 

    Advise, take (2) copies.

  11. If a Thai Juvenile or Family Appeal court did your divorce, you are divorce. 

    They issue a divorce certificate stating same and a certificate of Judgement. 

    The Ampur in a situation like this if one go there, is to registered that said divorce & judgement certificate that were issues by the court. Sign after confirming what they wrote on the certificate with an interrupter, and hand back the marriage certificate, and collect their certificate.

    Some Ampur as stupid as they are require both parties to be there together and sign in front of them. But this is not written and am sure not the law.

  12. 18 minutes ago, JensenX said:

    I don't believe you need a divorce certificate from a district office as you had a judgement in court. That is your legal divorce. The Amphur divorce certificate is what you get if you get an administrative, consensual divorce at a district office. It's either one or the other, not both. I got one last week actually (mutual concent divorce sections 1514 & 1515 Chapter VI of the Thai divorce law)

     

    Best to talk to a lawyer. If you're in Pattaya, I can put you onto a competent family lawyer who speaks English better than most expats. If you're not in Pattaya, he has agents in Bangkok to quickly organise any paper work you might require, such as certifcation of an English translation of your divorce judgement by the MFA.

     

    If you reported the marriage in your home country, you may or may not be legally divorced. Some countries require marriage and divorce to be reported, some don't. 

     

    There's a lot of good information here to get you up to speed:

     

    https://www.the-social-lawyers-company.com/how-to-divorce-in-Thailand.html

     

     

    My country requires to see a divorce court order and any judgement handed down by the court. Which is what I have in Thai. That will be translated and get legalized by the MFA which they will recognized. 

    As we all know it is very difficult for Thais to say oh we made a mistake the court already divorce you, so you do not need a certificate from us as we did not divorce you.

    You can just translate this court order and get it legalized.

    From what I know and this is not my first rodeo in divorce; all countries are interested in decree absolute from the Court or Ampur.

    Thanks for the link will take a look

     I am in Bangkok you can PM me if you like.

  13. 1 hour ago, KhaoNiaw said:

    Are you sure that you need her at the ampur if you have the court order already? Someone else has already suggested that you don't. You need to be together if you actually divorce at the ampur but otherwise will they only issue the certificates if you're both there? I suppose it's an unusual case where someone asks for and goes through with the divorce but then refuses to pick up the certificate. 

    To answer your first question, apparently the Ampur feel this way and I think mixing up the rules. As there is a court order that clearly stay we are divorced by the Thai court on such and such date.

    On your second question.I did not confirmed with the Ampur but I gathered she will only grant that certificate if both are there together to sign her certificate. Fail to verify this my bad. 

    Sure is if you asked me 

     

  14. 2 hours ago, Farma said:

    My lawyer took the court order and collected my divorce certificate 

     

    The signature areas say court order in lieu

     

    She only found out it was finalised a year later when she contacted me asking to finalise the divorce. Her lawyer had neglected to tell her.

    I love this. The court order clearly start we are divorced at the Thai court blah blah. I paid enough money to Thai lawyers and 95% does not have a clue of the Thai law.

    Even the Judge who did the divorce had the Thai Appeal court cancelled the Judgement on the ground that the divorce was illegal as per the Thai Law. 

    So much for Lawyers that know this law.

    A next one & judge wanted me to accept an order from a place I do not belong to, of course I refused that. 

    One of the thing I did going into this is to understand Thailand law well. A divorce certificate means nothing to me. I am divorce according to the Thai court and order.

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  15. I would like to know my options, and knowledge from others that had similar experience. 

    When through a (3) yrs divorce case at Thai court with Thai wife. Marriage registered and signed at the Thai Embassy where we were both were living at the time, and also  registered in Thailand.

    The court give the ruling of the divorce and handed me a legal copy of same. 

    Now to get this bit of "Divorce Certificate" at the Ampur here as she does not want to sign. All said, she was the one that applied to the court for a divorced and I happily agreed. Court was because we have a kid not born here but in the marriage. She wanted Sole Custody and the Thai court said no to her.

    I would like to know.

     

    1). Forget this bit at the Ampur as, this divorce certificate is only valid here in Thailand written in Thai and required to show one's status here really, and no other country cares about that.

    Only the Thai court order is their importance. Translated and stamped my the MFA of Thailand.

    Also I have no desire to remarry in Thailand. 

     

    2). So translate the Thai court order, which clearly states you are divorced blah blah. Take that to MFA after translation as it was handed down by the Thai court get it legalized use that as my Divorce any other part of the planet except Thailand. Which would state I am a divorce person. Should I ever have to show that elsewhere as being divorced.

     

    I know in Thailand one require a Divorce certificate from the Ampur to be consider divorce here in Thailand. But that really is only valid in Thailand. 

    Again I have no desire to remarry here in Thailand, hence I honestly do not need a divorce certificate from any Ampur. But to be considered legally divorced elsewhere.

    3). Is there a time limit here for her to sign or that can be forever? Just asking as the Ampur does not have a clue about any court.

     

  16. This is strange. All Canadians can enter Canada on an expired passport that is in Service Canada Law. One cannot leave this way, only entered as a Canadian 

    He should have just bought his  Ticket show the agent at the airport the law and leave. 

    The Thai immigration officer at the Airport would of course questioned this and have him pay the overstay fee and maybe blacklisted. 

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