To “love” or “to be in love” that is the question

IN the beautiful Italian city of Verona, you may hear the story of passionate young love. Romeo and Juliet, the star-crossed lovers, who meet, fell in love, and promise to be true to each other for ever. It is a simple love story with the saddest of all possible endings.

In Pattaya, many baby boomers are in love with a Thai lady who can fulfill their dream. At this age, their charms are the wealth which attracts many bimbos who are hungry for easy money.

However, some men may find a real life lady to build up a family. The crossed star lovers will not need any dialogue; simply looking into each others eyes and understand everything. Once they have children, the real life scenario will begin. Most of them will tie the knot around their neck and become serious. The serious matters are the educational and cultural policy of their children, which are the main issues requiring sophisticated linguistic levels.

Under private international law, the marriage can be legally recognised in other countries if that marriage has been fully complied with the local law.

Amicable Divorce
“Henry VIII, fed up with the divorce process in England, took matters into his own hands”

In Thailand, the marriage must be registered with the District Administrative Office or Amphur. Marriage outside Thailand can be recognised under the laws of Thailand, if this marriage is legally recorded in the Family Status Records of the District Administrative Office. For example, Henry and Malee met each other in the Tower of London, hey fell in love and decide to register their marriage in London, they can come to Thailand to record their marriage under the laws of Thailand. Consequently, their marriage will be legally valid in both legal jurisdictions, the UK and Thailand.

After many years of their conjugal life, their dialogue may become monotonous and the eye contact all but disappears. Henry VIII was one man who suffered from his spouse, who was more addicted by the power than his love. However, Henry XIII showed mercy to his stubborn wife, by giving her a sharp knife, imported from France, rather than an English blunt axe.

In your case, you will not be advised to behead your spouse. We will talk about the amicable solution which should be ontemporary for the conjugal dispute in Pattaya.

In Thailand, the divorce can be mutually agreed and registered without any judicial and religious intervention. The amicable divorce means that both you and your spouse will have to mutually agree and give consent with the authorities, who will simply ask for signatures from both of you.

Henry VIII could not find this amicable solution. His petition to Vatican was always tied up with red tape and kept on the shelf for many years.

If your marriage is not registered or recognised under Thai laws, you cannot apply for the amicable divorce, instead you will have to go back to your country to work with the adversarial English lawyer who will not understand the difference between “to love” and “to be in love” but his billable hours. An easy way to do this is for you and your spouse have your marriage recognised by the District Administrative Office and immediately register your divorce.

If you have property to share, it should not be the delicate issue which can be solved by your Thai lawyer. The more important problem is the children, which will involve you in a battle about the custodian rights and alimony.

The weak point of foreign spouses involved in the divorce process is that they are agnostic of law and justice in Thailand. They will never believe that the door of justice will open for them. Therefore, they shall never knock at the door.

The words of wisdom that “love is not negotiable but property is” can always remind you that you will have to separate the issue of dispute. Your property rights can always be protected by a good independent lawyer, who may serve you as his only master. But the custodian rights of your beloved children cannot be easily negotiated, the children will be in the middle of the conflict. This is the reason why you should show your unfortunate children that you can still love each other even though you are not in love with each other anymore.

To prepare yourself for the amicable divorce, you will have to understand the whole scenario. You may talk to a Thai lawyer about the laws and understand your rights. The adversarial divorce can also be studied to compare the situation.

You may find a lawyer who really understands Thai and your native language for both technical and sentimental aspects. The mentality and sensibility of a couple from a different cultural background may vary from the situation between “to be in love” and “hostility”. If you can replace the word “hostility” by “love”, it will be for the sake of your unfortunate children. You should try to admire her maternity, which is the grass root of our society. Talking about working together for the future of your children is the important agenda.

A bilingual Divorce Agreement can be drafted by a Thai lawyer to express your mutual consensus This Divorce Agreement can be attached with your petition for divorce without any red tape. The registrar will check only if any conditions in the DivorceAgreement are in violation of the Thai law.

Ask yourself if your can still love her even though her lips are no longer warm. We are quite sure you will be in the better situation than Henry VIII.

To write this article, we are thankful to the library of GIS and David Moroney who not only teach our daughter but also provides us with the literal materials which enlighten us with the full understanding of love.

By: Mr. Ponthep Werachon, Thai Solicitor & Mrs.Darunee Werachon, Thai Solicitor & Accountant of WERACHON LAW OFFICE, 315/304, Moo 12 Theppasit Road Soi 12 Nongprue, Banglamung, Pattaya City, Chonburi 20260, Kingdom of Thailand Tel: 038 – 304 084, 038 – 251 533, Fax: 038 – 304 027, Mobile: 081 423 4255,089 889 6483, Website: www.thaisolicitor.com, e-mail: [email protected]