Dear readers,
I have a problem and I can't find the right information. Here's the thing: I married a Thai woman in Thailand in December 2014, and we moved to the Netherlands together in May 2016, where things went badly with the marriage.
We have decided to separate, I have taken a lawyer and the divorce has been filed. The intention is then to divorce with 1 lawyer, but then an agreement must be made who gets what, but my wife can speak poor English and read even less Dutch, and especially the official language that is in the documents, where I also have problems.
This concerns the house in Thailand (I can't claim anything from that, I know), the rented house in the Netherlands, any debts, alimony and division of the household effects in the Netherlands. There are no children and she now works in the Netherlands
The process is very difficult because of the language problems and threatens to end in a confrontational divorce. Well my question is; would it be better if my soon to be ex wife and I go to Thailand for 14 days and get a divorce there (I've heard it happened a few 30 baht in 100 minutes). I can then have the divorce papers translated (into English) and have my marriage annulled in the Netherlands.
Will I also have problems with the distribution as mentioned above or can we arrange this among ourselves without being able to claim claims in the future? Is it wise to have the division recorded by a notary? But even then we have the language problem, I think.
Everything is still good but I don't know what the future will bring.
Regards,
Co
If your wife agrees, divorce in Thailand is preferable. Indeed, it costs a few hundred baths and is arranged in half an hour.
Together you will have to agree on the distribution. And as far as I know in Thailand they have not heard of alimony for your wife.
I had the same problem but my wife was married to me for 9 years (and still lives in the Netherlands and has her own income).
In your case, I think it would be better for your wife to go back to her country of birth. But what can (and may) I say about that?
You write “have my marriage annulled in the Netherlands”. It doesn't work that way... you can get a divorce, but the fact that you are (or have been) married cannot be reversed and remains a legal fact.
You are married in Thailand and therefore for Thai law if you have not registered your marriage (required) then I think you are not married for Dutch law, you cannot divorce here because you are not married. In Thailand it is different there you are married according to the law so you also have to divorce there. As far as I know, Thai marriage law states that everything before marriage was the property of the husband and wife that it remains that way and that what has been purchased during the marriage must be divided. If you cannot come to an agreement together, you can also hire a lawyer in Thailand, but I think it will be less beneficial for you as a “farang”. Yes if you have (bought) a house in Thailand then you have a problem unless you can sell it and divide the proceeds (if there is any).
As far as your wife's language problem in the Netherlands is concerned, this also applies to you in Thailand.
Dear Co
You got married in Thailand, but you also had your marriage registered in the Netherlands. If not, you can get a divorce in Thailand at the town hall where you got married in 15 minutes and 500 THB. And if it is also registered in the Netherlands, you will need a lawyer to arrange things. But before then, put everything on paper regarding the distribution of all matters. Also include items such as house, land, etc. in the distribution and attach a value to it. Good luck, I just finished it.
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Dear Co,
Thailand has 2 types of divorce where the first mentioned below is the most interesting;
1) Divorce by mutual agreement
hereby you go together to the "amphur" in Thailand where your marriage was registered / solemnized.
The divorce certificate is drawn up on the spot and if you made certain conditions/agreements regarding the division, this will also be included.
This takes 1 to 2 hours, you must also have the deed translated (can be done in BKK) by a recognized translation agency, the deed is registered/legalised and you can then submit it to your municipality in the Netherlands….divorce completed and valid in Thailand and in the Netherlands.
2) the confrontational divorce
hereby the case has to be submitted to the court through a lawyer, after about 3 months you will have to appear for a “reconciliation meeting” at the court (san yu die tam)…
If you do not reach an agreement, a next date will be agreed (months later) and then this will repeat itself. Ultimately, the judge will make a decision... this will of course go in favor of the Thai.
Consequently, the 1st suggested option is the best, the least harmful and the fastest solution.
However, if you are forced to call on a lawyer in Thailand, beware, in the event of a Thai/Thai divorce, the lawyer's fee is approximately THB 30.000. If you call on an international law firm that advertises itself as an expert in the matter, this can amount to up to THB 300.000. There are (interim) solutions where I can provide you with the necessary information and you can work with these people for a fair price (lawyer and interpreter)…
I wish you the best….
If you are legally married in Thailand, according to international law, Thai law applies to your divorce. If you are only married religiously in Thailand, that has no legal status. As far as I know, divorce in Thailand is only easy if both parties agree, otherwise it can become a long history. You don't have to worry about language barriers, because a lawyer will use the interpreter telephone in that case.
To save a lot of costs, you must first make an agreement, i.e. a divorce agreement.
In it you arrange all matters that you agree with each other, such as the distribution of goods. You can also arrange or waive alimony. Already made it here in Thailand for a Dutchman who was married to a Thai, but then in the Netherlands. They both stayed in Thailand and I made a covenant such as division and both signed for it. This signed covenant was sent to the court via a Dutch lawyer, who pronounced the divorce after 6 weeks.
If you have not registered the marriage concluded in Thailand in the Netherlands, you must get a divorce in Thailand and that is also the best.
Do ask me whether your wife is allowed to stay in the Netherlands. She has a provisional residence permit and you can withdraw your guarantee statement from the IND if you wish. She can then stay in the Netherlands until the expiry of her residence permit, but will have to prove to the IND that she has income or at least that she can provide for her own needs with or without alimony.
Success.
I divorced my 1st Thai wife in the Netherlands without any problems. Is recognized in Thailand and also registered the divorce there at the Amphur where we got married at the time. I do not advise you to do this in Thailand as you are completely at the mercy of her and her Lawyer. I first tried in Thailand and the lady only wanted to divorce after giving her Bht 1000000 (Million). She could get a bus ticket. Divorce is a civil matter and you can just leave the country, but I was told by her that something could be done about it. Other Thais told me to get out of there right away because she could turn it into a criminal case by planting drugs or something. Received an emergency number from the Embassy. Got on a plane the same day and left. Called her from the Netherlands and find out. Divorce in NL lasted 1,5 years and then just back Never heard from again. DO NOT in Thailand.
best co
I have just returned to help a friend from the Netherlands with his divorce here in Thailand as they have little or no experience with it in the Netherlands. To prevent whole discussions from arising again, you can send me an email and I will help you on your way.
greeting
Jan
hello Jan
Can you send me an email to [email protected]
So I am already busy in the Netherlands, but it takes so long, I no longer sleep and now I also have physical problems
Greetings Co