How does a Thai divorce an absent forigen husband ?

[RandomChances]

The Sister of our local docter is married to a Canadian guy they have a 2.5 year old son together and have been married for 3.5 years.

She has been trying to get a visa to join him in Canada for over 2 years and after a bit of digging it turns out that he told her to send him all the paperwork and he would apply in her name. Well guess what it does'nt look like he put the application in !!

Anyway she is now thinking of divorcing him and has no idea how and wether it is possible with him being in Canada. What about things like child support, he has been sending her 10,000 bhat a month to look after the child.

Any ideas anyone ??

[buriramboy]

Any ideas anyone ??

The first one that springs to mind is that maybe it might be a good idea if she actually tells him she wants a divorce, she won't be able to do it here in Thailand without him being here in person to sign the paper as far as i know. (But i ain't no lawyer).

[Thetyim]

She can divorce an absent husband if he fails to support her for twelve months.

I presume the marriage was in Thailand

[rtwo]

Sorry you may well mean well but my advice would be to stay well clear. An absolute minefield I should imagine and whatever you say and do has got a fair chance of being wrong.

[Thetyim]

She will have have to get his consent or else chose grounds from this list

Divorce in Thailand.

[Norton]

Any ideas anyone ??

Hire a lawyer knowledgeable in the field maybe.

[stroller]

Not sure it is any different for "foreign" husbands, the important thing is they married in Thailand to obtain a divorce in Thailand.
For getting any settlements or child maintenance, that's a different matter, consult a lawyer from an international law consultancy firm.

My missus got a divorce without the ex being involved at all, on the grounds of them having been separated for more than 3 years. This was exceedingly simple, but no money or children involved. She had to get a registered someone to prepare the papers for 50 quit.

Solicitors' fees vary tremendously, shop around before engaging one.

[Norton]

50 quit

Freudian....

[Ivor Biggun]

Whatever happened to Sebastian ?

[blackgang]

If he will sign a letter stating that is is cool with getting a divorce, then she have to witness sign it and she is gone with the kid, but I bet that he won't go for no support.
Don't know how Canada feels about that but the USA would pobly figure a way to get some.

[RandomChances]

Thanks for the answers, I've already said she needs to talk to him and get a lawyer. The Doctor and his wife are good friends of ours, trying to stay out of it just thought I'd ask if anyone knew anything.
She still wants to go out there to live with him, but it does'nt look like it's going to happen.

[Texpat]

Nobody knows as it hasn't happened yet.
Marriage in thailand is a smoke and mirrors operation.
Many who aren't married claim they are. Many who are say they're not.
It's all about how you feel. A paper cannot constitute a marriage.
I've learned all this on Teak Door.

[Norton]

It's all about how you feel. A paper cannot constitute a marriage.

Good point which leads to the OP. Unless she wants to remarry, why does she want the divorce. As things stand, she has child custody and he is sending 10,000 per month in child support. If the child support stops then it would make sense to go for the divorce.

[Texpat]

^^That comment was tongue-in-cheek. Not intended to be taken seriously.

[RandomChances]

As things stand, she has child custody and he is sending 10,000 per month in child support. If the child support stops then it would make sense to go for the divorce.

You got a point, I think she just want's to use the divorce as some leverage to go out there.

They actually met when she was in Uni in Australia, then married in Thailand, he went home, first application for her to go failed then nothing foe 2.5 years

[Bluecat]

As things stand, she has child custody and he is sending 10,000 per month in child support. If the child support stops then it would make sense to go for the divorce.

1. Maybe she wants more money?
2. Maybe she wants to marry somebody else (can go with point one)?

[obsidian]

is she certain that the marriage paperwork filed?

[El Gibbon]

^ maybe more important is the question "is the baby registered with Canadian Embassy

E. G.

[stroller]

50 quit

Freudian....

English slang: quit=bucks

[Happyman]

50 quit

Freudian....

English slang: quit=bucks

quid

[stroller]

Oops.

[Norton]

Oops.

quit = divorce as well.

[Panda]

My guess is that is that if the seperation goes past 3 years she can show he has no intention of continuing the marriage, either in Thailand or Canada, then a good lawyer would have a pretty easy time of getting the court to grant a divorce.

However, the fact that he is voluntarily paying 10,000 baht a month maintainence (which a pretty reasonable income for an unskilled Thai), indicates that he has not in fact abandoned her totally. And I imagine the court would probably grant maintainence payments at the stasus quo due to the difficulty in enforcment in another country. He may end up never even knowing he is divorced.

As I understand Thai divorce law (which is at a very basic level), maintainance payments are subjectively based on the mans ability to pay and the lifestyle the woman was accustomed to. I believe property settlements usually go 50/50.

So unless he was silly enough to supply income and assett statements I think all the lady would get is a piece of paper to say she is divorced and an (internationally unenforcable?) Thai court order for the current level of maintainence payments.

Of course, if she could get herself and the kid to Canada she could probably really take him to the cleaners, especially if she could produce another offspring of Canadian nationality.

I am no expert on Thai or Canadian/international divorce law, so I would be interested to hear what anyone who has actually been down that road might have to say.

[mellow]

She will have have to get his consent or else chose grounds from this list

Divorce in Thailand.

This is not true. My sister-in-law just got divorced from a Farang. He was sent papers. He didn't show up for the child custody part, nor for the divorce. Needless to say she got whatever material stuff they had, the child, and child support.

[mellow]

Sorry didn't look at the list, just paid attention to the consent part. The list looks good.