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Home » Reader question » My Thai girlfriend is married to a foreigner, how can she get a divorce?
Dear readers,
My Thai girlfriend is married to an Australian. They are 4 years apart and he lives in Australia. He refuses to come to Thailand for the parting. They got married in Thailand at the embassy I presume and she has his last name on her passport.
Can my girlfriend file for divorce without him?
Regards,
Marcel
Yes, that's possible. Section 1516 of the Thai Civil Code (Book V, Chapter VI) lists a number of reasons under which one of the spouses can unilaterally file for divorce. The application is submitted to the District Court/Thai Court through a lawyer/lawyer.
Reasons for unilateral filing for divorce include: adultery, gross misconduct, cruelty, disappearance and abandonment (and several).
In the case described there is no question of disappearance because there is apparently still contact with the Australian husband. There is, however, abandonment.
Abandonment is the case if
(1) one of the spouses has been imprisoned for more than one year, unless the other knows or participated in the crime in question.
Abandonment is also the case if
(2) the spouses are unable to live together peacefully for more than three years.
The husband has been living in Australia for 4 years now, refuses to return to Thailand, making living together as marriage partners impossible. The person concerned should therefore engage a lawyer and request the Court for divorce on the grounds that they have not lived together for more than 3 years.
After the court's divorce ruling, the woman on the Amphur can have the name of the then ex-husband converted to her own name.
Quote:
Yes, that's possible. Section 1516 of the Thai Civil Code (Book V, Chapter VI) lists a number of reasons under which one of the spouses can unilaterally file for divorce. The application is submitted to the District Court/Thai Court through a lawyer/lawyer.
That's absolutely correct, RuudB. I also read the Thai law as grounds for divorce:
If one partner has left the other for more than a year
If both have been living apart for more than three years
If a partner has been gone for more than three years
If there is reasonable evidence to support the above, divorce should not be an issue.
That seems like a difficult question to answer.
I suppose that's what Australian law has to say about this, if she's married under Australian law.
But you're not even sure if they got married at the Australian embassy.
I would first find out how that marriage really works, and then find out at the Australian embassy how things work.
I assume that this can be done in writing with the help of a lawyer and the court.
After all, they have been separated for 4 years.
Is the marriage also registered in Thailand?
All irrelevant. Why should the husband come to Thailand to get a divorce if only the marriage was registered in Australia through the embassy at the time? If that is the case, and if the marriage was not registered in TH on the Amphur at the time, it could turn out that there is no marriage at all in TH. So, the person concerned, please hire a lawyer to sort things out.
I assume a TH situation and TH circumstances, otherwise @Marcel should have provided more and better information. The TH lawyer can in any case request annulment of the marriage via the Aussie Embassy on the same grounds. Lawyer can submit the request to a TH Court without releasing the person involved from a (sham) marriage. Whatever the situation, it starts with a TH lawyer.
Thank you very much for your explanation, she only has documents in Thai, but what I conclude from this is that a lawyer and a court will always be involved in this case. The Australian has already promised a few times to come with his brother who also married a Thai woman, but that woman, with whom my girlfriend has contact, says that he is still in love, so he had her name on his body tattooed…, the reason why they broke up is morbid jealousy because of him , he threatened her heavily at one point and then she had enough. The divorce is not urgent, I just don't think it's right that she should no longer bear his name. regards Marcel.
the reason seems quite obvious to me: he is afraid that he will have to pay a large alimony. And indeed it is necessary first to find out exactly how/what was married at the time and for which law for which countries.