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Procedure for divorce


Divorcee

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Married my Thai husband in 2003, separated in 2016 and want to divorce this year in Thailand.

It’s uncontested, we have one child of 12 and some land that needs to sell (this is an amicable split, I have custody but he can see him whenever he wants and land money will be split 50-50) but are unable to go to amphur we married at.

 

Can anyone tell me the process I need to fulfill as will only have a week in Bangkok to get this divorce sorted.

 

many thanks. 

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If both are in agreement it is as simple as both turning up at an amphur and declare you want to divorce. You will need to return the marriage certificate. A tanslator might be handy, if noone at the amphur speaks English.

It can be any amphur in Thailand. In fact you could also sign at a Thai embassy and your ex- at another amphur. 

 

You should prepare the paperwork regarding whwere the child stays, maintenance of the child, the sale of the land and split of the proceeds, etc to be entered in the register together with the divorce. You than have a legal contract.

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14 hours ago, Divorcee said:

Can anyone tell me the process I need to fulfill as will only have a week in Bangkok to get this divorce sorted.

Any Amphur will do it, you both need to take a witness, original marriage certs, foreigner or foreigner witness will need to able to translate if the Ampur boss can't. (It's required by the Amphur that the foreigner can clearly understand the agreement)

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Preacher is correct. However I think you are not Thai. Therefore your "id" on the marriage cert will be your passport number that you had when you married. If UK subject then that means the passport you had in 2003 will have now expired. Do you have your old passport with you as they could ask for it to confirm id  ?  You may be ok and they will accept it but in my experience I have been asked for the old one

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Thank you. Appreciate the advice, I think I will pay for a local translator to attend with us and have the custody and land agreement typed and translated before we attend. That way we are both totally clear on what is agreed.

 

I do still have my expired passport from then so will take it too.

 

would it be worth having my new passport verified by the British embassy, just in case?

 

the ex is financially self sufficient, as most 50 year old men are ????

 

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A few additions/clarifications from one who's done it more than once. Any Amphur will do it - not true. I theory all can do it but in reality some won't and that can even depend on the officer you speak to.  If at all possible, use the Amphur where you got married. You may or may not need the old passport but clearly no hamn done by taking it.

 

You need original copies of your marriage certificate, the registration page and your current passport.  It seems quite common for one party or both, to turn up without their marriage certificates but if either of you doesn't have theirs - don't for god's sake tell the amphur that - just do the following, whether its true or not.

 

Go to a local Thai police station, tell them you lost your marriage certificate and need a police report.  You must have 'lost' it in the district that the police station is responsible for.  In other words, if you 'lost' it at the airport, its no good going to Lumpini police station - they will simply tell you to go to the office responsible for the airport area. Armed with that police report you can get a divorce without further problems. My ex 'lost' hers by leaving it in the taxi that took her to the amphur. Fortunately there is a police station more or less opposite Bangrak Amphur. She actually left it in the UK despite me telling her not to forget it but I'd already been warned that if she admitted that, there was a strong chance the amphur would refuse the divorce.

 

You will be asked to sign a document stating that you have already agreed on how the finances will be sorted and custody/access to the child - better that you give a statement as described by 'Preacher' above.  If you have a custody order, you should take that too.

 

I was required to provide an interpretor when I got married but I've never been asked for one upon divorce.

 

Apart from waiting times - for a 'normal' no dispute divoce you should be out of there in 20 minutes - possibly a little longer as there's a child and financial agreement to record.

 

Perhaps the best advice I can give you is this - things change all the time in Thailand, you only have a week so you want it to go smoothly.  If at all possible go to the amphur a day or two before the divorce - take a Thai speaker and make sure what their current requirements are.

 

No, you don't need your passport verifying.

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On 5/12/2019 at 6:14 PM, Divorcee said:

Thank you. Appreciate the advice, I think I will pay for a local translator to attend with us and have the custody and land agreement typed and translated before we attend. That way we are both totally clear on what is agreed.

 

I do still have my expired passport from then so will take it too.

 

would it be worth having my new passport verified by the British embassy, just in case?

 

the ex is financially self sufficient, as most 50 year old men are ????

 

I did not need my new passport to be verified at that time. But my ex wife and I did divorce at the same Amphur as the one we married at which I'm told simplifies things.

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  • 3 months later...

Thought I’d provide an update.

 

my ex and I attended bang rak office yesterday and the bulldog on the reception desk insisted that I needed my current passport validated by British embassy, she was unwilling to listen when explaining that I had original wedding passport and as I didn’t agree based on the posts above went to thong Lo to double check and the official there was fantastic.

 

He knew what was required, was happy I had my original passport that matched the wedding certificates and advised us to come back with 2 Thai witnesses next day. No need to validate anything.

 

He was concerned that I understood what was happening, recommended I bring a translator but I explained it wasn’t necessary and he was fine with that too. 

 

So so today we went back, handed in original certificates, sons thai birth certificate, ex ID card, my current and original passport, filled in custody and asset form, paid 2 motorcycle taxi drivers to witness and Was divorced within the hour. No fee.

 

so I would recommend Thong Lo for foreign/Thai (amicable) divorce.

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  • 2 months later...
On 5/12/2019 at 5:52 PM, BritManToo said:

Any Amphur will do it, you both need to take a witness, original marriage certs, foreigner or foreigner witness will need to able to translate if the Ampur boss can't. (It's required by the Amphur that the foreigner can clearly understand the agreement)

Wrong. It depends on the amphur as to taking witnesses. Amphur we used gave us ours without any witness of our own. The staff witnessed it.

No one asked me if I understood anything. I just signed, paid and left.

I remember wondering as I signed if I was agreeing to give her all my money:-)

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