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Possible to divorce my Thai wife from overseas ?


Hervey Bay

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I married a Thai woman and we split up. Currently we are both living in my home country, and neither one of us is planning to go back to Thailand in the very near future.

 

I am wondering if it is possible to divorce her when I am overseas.....that is to say....how hard is it ? I am sure there are agencies who will take money from me to do it, but are they expensive ? And how would I find one ?

 

All replies appreciated.

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The basis was marriage to me.

I know I can divorce here here in Australia, but I think it's a tad expensive, and frankly I don't want to waste any more money on her. But perhaps I should do it here....at least I can do it step by step as the authorities require, rather than having to try to do that in Thailand from here.

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Divorce does not have to be done at the amphur where you were married and it can even be done in any country. If abroad it is wise to register the divorce with the Thai government also, otherwise you will be continue to be liable for the debts your ex-spouse makes. (Debtors that check the marriage register see you are still married and it is your responsibility to correct the register. They can hold you to what is registered in the marriage register).

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7 minutes ago, Hervey Bay said:

Ok.....can anyone tell me how straightforward it is ?

I think it can be done without attending an Amphur, but it would involve a lawyer and a court process.

 

I divorced some years ago, and a visit to an Amphur would have been straightforward and quick, but it would still have required both of us to attend, which I wasn't prepared to risk, and I suspect she wouldn't have played ball.

 

A lawyer represented me in court and a judge approved my application for a divorce, I didn't need to attend.

 

She subsequently challenged the ruling and a further court day was set, I didn't attend, but my lawyer did, she didn't attend and neither was she represented, the judge dismissed her application. 

 

Whilst we were both in the country, neither of us attended court, but my lawyer did, so I suspect you could do it in absentia, but would need a lawyer

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19 hours ago, Hervey Bay said:

The basis was marriage to me.

I know I can divorce here here in Australia, but I think it's a tad expensive, and frankly I don't want to waste any more money on her. But perhaps I should do it here....at least I can do it step by step as the authorities require, rather than having to try to do that in Thailand from here.

You don't want to waste any more money on her but you are willing to pay an agency in thailand to take care of it ??? Qeustions qeustions ???

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19 hours ago, Hervey Bay said:

I know I can divorce here here in Australia, but I think it's a tad expensive

Sorry to hear that you marriage went south, hopefully for the better if you weren't happy ?

 

As for the Thai side of the divorce, I can only say listen to what the others have said as I have no idea.

 

But in Oz, if you haven't done the divorce because you suggest it's expensive, you can do it yourself for under $1,000, and I call that money well spent, as the last thing you want is her coming back at you years down the track to stake a claim, which she would be entitled to, so get the divorce in Oz first and foremost, or leave yourself wide open to the unexpected. 

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Just hire a lawyer, you can do from anywhere.

 

i was living and working in Egypt......I am USA citizen, I divorced my Vietnamese wife where she was living in Tennessee.

 

It was a no fault divorce, I hired a lawyer near her in TN, all done and filed 500 dollars.

 

Done in 2007 

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I had the same situation as you with my Thai ex. - many moons ago. We divorced in Oz - neither of us went to court.

If there are no children from the union it is a rubber-stamp job, if both agree. You simply download the form, pay the fee and serve a copy on your soon-to-be permanent ex. Property settlement is a bit off subject, but contrary to what others may tell you, the Family Law Act in Oz was changed quite some years ago after a succession of greedy (mostly Phillipina at the time) ladies married old blokes (mainly farmers at the time) whose wives had died, then dumped them and sued for the farm so to speak. The law was changed to protect wealthy partners from gold-diggers and these days the court looks at exactly what each partner brought into the marriage, dollar wise. If she brought in zilch and you own a house in your own name and there are no kids, as a general rule you keep your house. It is a whole different kettle of fish if there is a child, or if you have, say, bought a property together. From the sounds of it, you don't plan on getting hitched up again to a Thai anytime soon. If and when you go to Thailand, pay the baht over there for a certified translation and go to the amphur, they will sort it and dirt cheap too. That's what I did. Good luck mate !

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Just divorce in oz. The QLD family law court ruled they could divorce me from a thai umphur marriage years ago. Both parties were Oz residents.

As for property split with 2 kids. Qld arbitration ruled a 35/65 split in my favour. So dont listen to all the nay sayers.

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21 hours ago, Aussiepeter said:

I had the same situation as you with my Thai ex. - many moons ago. We divorced in Oz - neither of us went to court.

If there are no children from the union it is a rubber-stamp job, if both agree. You simply download the form, pay the fee and serve a copy on your soon-to-be permanent ex. Property settlement is a bit off subject, but contrary to what others may tell you, the Family Law Act in Oz was changed quite some years ago after a succession of greedy (mostly Phillipina at the time) ladies married old blokes (mainly farmers at the time) whose wives had died, then dumped them and sued for the farm so to speak. The law was changed to protect wealthy partners from gold-diggers and these days the court looks at exactly what each partner brought into the marriage, dollar wise. If she brought in zilch and you own a house in your own name and there are no kids, as a general rule you keep your house. It is a whole different kettle of fish if there is a child, or if you have, say, bought a property together. From the sounds of it, you don't plan on getting hitched up again to a Thai anytime soon. If and when you go to Thailand, pay the baht over there for a certified translation and go to the amphur, they will sort it and dirt cheap too. That's what I did. Good luck mate !

A very accurate summary.  On top of that I would strongly advise you to say nothing about this to your ex. and go get a female divorce lawyer. Yes female - it helps - over 80% of family court personnel are women - and most female lawyers operate in family court matters - and only women know how to negotiate (successfully) with another woman. Only talk to your ex after you have spoken to a lawyer.  When it comes to this situation, most women will take men apart - we dont have a clue. 

 

Before anyone can give you any advice, they would need to know a lot more about your circumstances, which of course is not a smart thing to do on a public forum.  Get a lawyer's advice - this is an absolute must. I am not saying get a lawyer and go to court - I am saying go see a lawyer and get advice on what to do and what your options are.   Divorce is easy in Aus - unless the ex wants a fight and wants to get as much money/assets out of you as she can - and unless you have a kid/s.  Either way - get legal advice.  Do not assume she is going to co-operate - you would not be the first male idiot to believe her and then find at the last minute she has been setting you up (with her lawyer's advice). 

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On 11/4/2019 at 12:02 PM, agrow said:

just remember in Australia she will get the lions share of your assets

Not necessarily. Depends on the circumstances. My ex only got what I offered & that was what I felt she deserved.

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For the interested Americans, if both parties agree, Guam only requires 7 days residency to get a divorce there.

A friend of mine married to a Thai lady got his divorce there. I dont think she had to appear, just sign a notarized document of the decree if I remember correctly.

 

Another friend of mine married to a Filipina was able to divorce her from the US and she didnt have to appear either.

She had to sign a waiver of appearance at the US Embassy in Manila and then the agreed upon decree and the judge in the US (Texas) granted the divorce.

This was with kids, a house in the PI and child support, but since they agreed to everything, it was possible.

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