Reader question: My friend appears to be married to a Thai

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May 30, 2015

Dear readers,

I'm going to live with my boyfriend who turns out to be married to a Thai. This happened in 2008 and it has been legalized in The Hague. They did this because she wanted to live together in the Netherlands, but it broke down pretty quickly because she cheated.

My friend has tried to divorce her several times but she refuses to cooperate and now she claims she is already divorced in Thailand. Is that possible? I would like to know this because I suspect she is lying about this so my friend will contact her every time.

My friend married her before Dutch law and we have already had a consultation with a lawyer, but he knows nothing about Thai law.

Thanks in advance for your help!

Yours faithfully,

Linda

11 responses to “Reader question: My friend turns out to be still married to a Thai”

  1. messenger says up

    Go to the municipality in Thailand where they got married and inquire about the status of his marriage there.
    She is probably lying, the municipality needs to know and confirm this to your friend.

  2. Rudolf52 says up

    In my opinion, if the marriage is registered in The Hague, you can divorce in the Netherlands and you have nothing to do with Thai law in that regard

  3. AvClover says up

    You can count on it that the marriage can only be reversed in Thailand and that costs,
    Moreover, his ex-girlfriend did not just cheat, of course.
    She married him out of greed, or she left out of greed, in both cases it's not love and not a good idea to live with him because if you really want to get married then it won't work with him.
    His girlfriend probably has a residence permit and benefits here, so she won't be going back to Thailand for the time being.
    Your friend needs information about her whereabouts, collect evidence that she cheated and try to have his marriage dissolved through the Dutch court, otherwise he will have to pay even more for her.
    He can't spend everything he spends on her and the divorce on you, so count on you being tight for the 1st 10 years, unless of course he's director.
    It's much easier to find another friend.

  4. Richard says up

    Dear Linda,
    The lawyer here does not need to know anything about Thai law, your friend is Dutch, so that means
    that he can then just divorce under Dutch law, and if he goes to Thailand then he can
    he may have it registered there.
    If they do not live together, are legally separated, then the divorce can be arranged quickly.

  5. henkstorteboom says up

    Your friend can simply get a divorce in the Netherlands. Submit a request to the court, the reason is permanent disruption. If you cannot find out the address of the woman, it is also no problem to call up an advertisement in the newspaper stating (residence within or outside the kingdom unknown date and time of the summons as well as the place of the court) a piece of cake for a lawyer. I wish you good luck with your intended marriage. Regards Henk Storteboom

  6. Bacchus says up

    Dear Linda,
    Since the marriage took place in Thailand and has been legalized in the Netherlands and both parties involved live in the Netherlands, I think it is possible to start divorce proceedings in the Netherlands. Get information from a legal aid shop, for example:

    https://www.juridischloket.nl/

    In general, there is little to no cost involved.

    Good luck! Let us know how it turns out!

  7. Henk says up

    Hello, your lawyer has to arrange the divorce in the Netherlands and forward the divorce papers to the Thai embassy in The Hague, then it is arranged both in the Netherlands and in Thailand
    it is indeed possible that she is divorced in Thailand , they are not so difficult there

  8. henri says up

    If he is married to her in Thailand, the following is possible:

    or they both go to where they got married and divorced cost 65 THB

    or, if she does not cooperate, he can divorce her without her approval after 3 years

    or via (expensive) lawyer

    legalization / registration the hague has nothing to do with this, that is purely for the NL (GBA) data

    married in Thailand! then Thai law applies

    good luck

  9. theos says up

    I divorced my first Thai wife and this divorce was done in the Netherlands. You must be registered in the Netherlands and have been registered at the same address for at least 1 months (at that time in 1999). I first tried in Thailand but she wouldn't cooperate as long as I didn't give her a few million baht. We had been separated for 6 years and the Thai lawyer found her, all in vain. I then had the divorce done in the Netherlands through an insolvency lawyer. No problem, but it took a year and a half. This divorce is legally valid in Thailand and you must register (the embassy helped me with this) at the Amphur where you were married. Piece of cake. Officially I didn't know where she lived and the Dutch lawyer put an advertisement in a Gronings Dagblad, the court had to advertise to find her, didn't specify what kind of newspaper. It's a piece of cake but you need a lawyer. Ask the Legal Aid Office. Good luck!

  10. Linda says up

    Thanks for all your response so far, I now see that I wasn't completely clear, so I'll add to my story.
    His Thai ex has never lived in the Netherlands. They have no children or shared property and they have both been in relationships between 2009 and now. It's a strange story and my boyfriend is ashamed of it because he's had a lot of nagging from family and friends about it.

    • French Nico says up

      So you see, always be clear in your question. Now I read a lot of nonsense again from readers who have heard the bell ringing, but do not know where the clapper hangs.

      Dutch law applies to your Dutch friend. Anyone in the Netherlands can have a marriage recognized in the Netherlands dissolved on the grounds of permanent breakdown. In practice, this means that it can be dissolved at any time.

      Filing for a divorce starts with a petition for divorce. A petition for divorce is an application to the court for a divorce. The court declares a couple officially divorced if the marriage has 'durably broken down'. The court does this at the request of one or both partners. The petition for divorce is filed with the court through a lawyer.

      The costs do not have to be high if both partners agree. If one of the partners does not want to cooperate, the other can make a unilateral request independently. If the home address of the other partner is not known, a public summons can be issued by means of a summons to appear at the hearing in a national newspaper. In the event of non-appearance, default is granted and the petition for divorce (without objection) is granted.

      An addition can be granted within certain income and asset limits. This means that the interested party can look for a lawyer who is willing to work on an addition. In that case, this lawyer will request the addition and the interested party will only have to pay a personal contribution.

      If no defense is put forward, a procedure can be completed quickly. If the dissolution of the marriage has been pronounced in a decision, then the marriage has ended under Dutch law and your friend has nothing to fear. Under Thai law, he only has to deal if he wants to marry a Thai citizen again. In that case, he will first have to register the divorce in Thailand. Of course she can register a divorce under Dutch law in Thailand.

      Apart from the aforementioned procedure, it is always wise to divorce as soon as possible, because his “ex” still has Dutch rights with regard to pensions.

      For you, Linda, I would like to note the following. Is your friend telling the truth? Is his story credible? It is nonsense to get married to live together in the Netherlands. Marriage is not required for a residence permit (to be allowed to live in the Netherlands as a Thai) for family formation.

      Separately, you write that your friend and his “ex” do not have shared property. Is that so? If they are not married on a prenuptial agreement and therefore in community of property, then the property is jointly owned, each for an undivided half.

      My advice is, have a healthy distrust when it comes to an unusual story (from your friend).


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