happylarry
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Posts posted by happylarry
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In order to get a divorce at an Amphur in Thailand you need to be married in Thailand so your only option is to go to court. The only way to register will be to get married again which of course you cannot do.
So one of you will need to sue the other but to do that you need to either sue for seperation which needs you to be seperated for at least three years or for abandonment which needs to be for one year.
The fact that you have been here for eight years should make things a bit easier but you still have to go through the whole process regardless.
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Google “Asian Tigers” removal company.
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12 hours ago, HAPPYNUFF said:
Anyone know where I can buy Christmas cake/pudding/fruit mince pies etc. in Korat town area. I was told of a place called Korat Bakery in Suranee Road,
but that seems to have closed. I miss traditional fare, its just not Chrissie without it,
Its called ‘Korat Chef’ and its definitely still open. Just before the traffic lights.
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The only traditional xmas dinner being served on xmas day is at the monkey bar.
I will try and add the menu. Ok follow the link below.
https://www.facebook.com/groups/koratexpats/permalink/10158675083314344/
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Surely the second signature means nothing in the circumstances because the account is frozen upon the death of the account holder and if the wife was still drawing money without telling the bank about the death then she would be committing fraud and would be found out eventually.
The only answer is to leave a will and after a court rules on the will and issues the final paper this is then given to the bank and they release the money.
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May I suggest that you give the Vetinary training hospital in Khon Kaen a ring, maybe you think its too far to drive but they may know a vet who would help you that is more convenient for you, worth a phone call.
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You dont get divorced in court. Once your case has been heard then the court issues a court order and one or both of you will then have to go to the amphur with the court order and the amphur will then register your divorce. Until this happens you are still married. Anyway the amphur will then keep the original marriage certificate and issue you the divorce certificate.
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If you are taking her to court then you will obviously be engaging a lawyer to represent you, the lawyer will then be able to check the address at the amphur. Of course the address that the id card will lead to will be the address of the blue book that she is registered in and isnt necessarily where she is living. However the court will then send the summons to that address and if there is no response then the case will carry on without her presence.
You will not be able to check the address though, only a lawyer.
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Go to another amphur and ask. They all interpret things differently and some are deliberately difficult when it comes to farangs.
Try another and then another and I bet you will get wed....lol
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Yes you do need to get the affirmation translated and then legalised by the Ministry of Foreign Affairs.
The easiest way to do this is to leave it with one of the many translation shops around the Embassy who will translate the document and take it to be stamped then post it to your home address by SMS for a reasonable fee, and believe me its well worth it.
Also most amphurs require a copy of your passport legalised as well so you may as well get that done at the same time.
By the way Thai banks operate the same as the rest of the world, they will freeze your personal accounts on your death as well, and this requires a court order for them to release the funds. You really need to make a will because when there is the scent of money people come out of the woodwork nomatter how nice they are when you are around.
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9 hours ago, colinneil said:
Sorry to say this but you are wrong, my wife will not need a lawyer.
Arrangements can and have been made with the bank
Dont waste time telling me i am wrong, because i am not, one thing that helps is knowing your bank manager.
Amazing what can be done if you have a good/ helpful manager, mine visits our home, sits at the table eats with us, wife and manager being good friends since school days certainly helps.
Ok, you mean outside the law.....well I agree with you .....if you are going to go outside the law then anything goes in Thailand, we all know that. I was simply stating the law from a lawyers perspective.
Anyway It does not really matter to me whether anyone wishes to believe me or not and I am not going to argue with anyone about it so everyone stay safe.
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6 minutes ago, colinneil said:
First i do not fall into any of your categories, i am me, an individual.
Second, everything i have in Thailand, bank accounts, vehicles in fact everything goes to my wife.
Third i would trust low level officials, as you call them , before i would trust any damned lawyer.
Ok mate, well good luck to your wife then, when she tries to get the money out of your bank account without the court order.
Its law.....upon death your bank accounts are frozen and it then needs a court order to get the funds released. In order to go to court your wife will need to use a lawyer, so it does not matter what you think about lawyers, she will use one or not get the money. Simple as that.
I’m not trying to be difficult or talk you or anybody down, just stating the law.
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I keep reading about doing wills at amphurs or doing it yourselves etc. but what nobody mentions is that every single case where assets are passed from one person to another it needs to go to court, whether the person has made a will or not at all.
The reason being that the banks, land office or motor licencing office require the will etc to be proved to be legal and not fake. So you need a court order to give to the bank in order to release any funds, or to change land ownership or motor ownership. For this reason alone it is worth having the will drawn up by a professional so that there are no problems with the judge and it is accepted ok.
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You need to do two things.....
1, arrange a usufruct on the property which gives you the right to stay in the house for the rest of your life.
2, get your wife to write a will leaving the house to you. You will then have one year to sell the property or put it in another Thai persons name.
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I am posting my wife’s card for your interest. You can send her your document by email and she will email the translation back to you and post the hard copy if needed. Give her a ring if you are interested.
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There is one way he could get divorced in the court without returning to Thailand in person.
My wife represented an American soldier who was working in Iraq a few years ago. She sent him a power of attorney form and a lawyer appointment form which he signed and had notarised and sent back by courier. This then allowed the lawyer to submit the paper to the court and start the case. In a divorce the first hearing is always the negotiation hearing. Both parties attend this with their legal team and a judge and try to come to a mutually agreed settlement. In this case my wife was representing the client with her power of attorney. They came to an agreement and the case was finalised without the client in person.
However, if the case had then gone to the main hearing then the client would have to appear in person for that. So if the case looks complicated then dont consider using power of attorney.
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Both parties “have” to be present for an amphur divorce.
You will need to divorce in court which is no problem because you need to be seperated for two years. There are no short cuts.
In your original post you state that you are happy to status quo because you wont be marrying another “Thai” girl. You do realise that your Thai marriage is recognised worldwide so whatever nationality you got married to then you would be guilty of bigamy. It makes no difference whether you have registered it in the USA. Just pointing this out because you give the impression you think it only applies to Thai girls......lol
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6 hours ago, worrab said:
If you use the agents I have described on the second floor, you are right. But if you use a translation shop near the Embassy then firstly they do not submit and secondly you would then have to pay a translation shop at the MFA to make the correction.
And again correct, they post back after stamping via EMS. A worthwhile service.
Once again.....most if not all the translation shops offer this service for which they charge extra for. The translation shops within the MFA building are not affiliated to the MFA in any way and are ordinary businesses that happen to rent their space there.
The shops around the Embassies do submit to the MFA for the extra charge and if you ever go to the building then take note of the agents submitting handfuls of documents to be stamped. Its their business to complete the documents and post them back to the customer.
Just out of interest, you say “that you would then have to pay the shops within the MFA building to do the correction” but if as you say the outside shops do not submit then how did the documents get checked, in order to need correcting.....lol
Anyway worrab keep making that horrible journey to Chang Wattana if you prefer but its unfair to recommend others to trek up there if there is no need. Have a good day mate.
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9 hours ago, worrab said:
Yes, you do go to the MFA and I strongly advise you to get the translations done there. If there is an error in translation, then it can be sorted immediately with no extra charges. Get it done around the Embassy and there is an error then you either go back to them for correcting, time consuming, or pay at MFA. As I have mentioned to you before, go up the stairs at the entrance to MFA and the agents are in front of you. Speak English and will do everything for you.
As for the marriage itself, the documents required can vary from Amphur to Amphur. To make life easier for you all, I would go to the Amphur of your fiancée and chat with them. (They may know all the family and can tell you want they would need document wise). This could save the process of the Amphur sending back your documents for verification at MFA. A procedure that can take up to 4 weeks!! My local Amphur, when I married in Dec 2018, just required the Affirmation of Marriage, stamped colour passport paper from Embassy and that was it. Everyone knew everyone there!
Good luck.
This is incorrect......any of the translation shops will correct any errors and re-submit the document to the MFA at no extra charge. They do not post it to your address until the document is stamped and finalised.
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Many translation offices around the Embassy area, just take to one of those and they will translate and take to MFA for legalising and then they will post to your address for a reasonable price.
HL
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ddproperty.com
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For price, quality and choice you cannot do better than the Sima Thani Hotel buffet.
For a very relaxed and romantic atmosphere then the buffet at the Imperial Hotel.......having said that we havent been there since it changed its name from the Dusit Princess Hotel, but I assume they have kept the restaurant the same.
The Dusit was always the choice for an anniversary or similar.
HL
Solicitor for drawing up a will
in Isaan
Posted
Great post SantiSuk, can I just add one tip.
When my wife writes a will for a farang client she writes in dual language. First paragraph in Thai, followed by same paragraph in English and so on, then at the end of the will she includes a paragraph stating that in case of any discrepancy then the English version is to be followed.
The client then knows exactly what he is signing for and his wants and desires will be acted upon in court.