Serving Divorce Papers in Cambodia

Ask us anything. Cambodia Expats Online has a huge community of long-term expats that can answer any question you may have about life in Cambodia. Have some questions you want to ask before you move to Cambodia? Ask them here. Our community can also answer any questions you have about how to find a job or what kind of work is available for expats in Cambodia, whether you're looking for info about Phnom Penh, Siem Reap, or anywhere else in the Kingdom. You're also welcome to ask about visa and work permit questions as well, as the immigration rules change often, especially since COVID-19. Don't be shy, ask CEO's community anything!
User avatar
MadeItInCambodia
Tourist
Posts: 2
Joined: Fri Sep 15, 2017 4:55 pm
Reputation: 1
Location: Phnom Penh
Contact:
Canada

Serving Divorce Papers in Cambodia

Post by MadeItInCambodia »

My Canadian lawyer has advised that the only way I can get divorced from my "missing for 7 years" Cambodian wife is that I have to serve a notice of divorce to someone in her family (or someone who knows her). Her mother is in Phnom Penh so I can serve the papers to her. The mother does not speak any English. Need to find out if there is a service or someone who can serve these papers to the mother. Once the notice has been served then the person who served the papers needs to get an affidavit signed, by a Notary confirming that they have completed the service of the notice.
My lawyer will prepare all of the papers and the affidavit.

Question: Anyone know someone or an organization who can serve this notice for me please?
Getting IT done and getting IT done right in Cambodia
Company: https://MadeITinCanada.com
Personal: https://paulhughes.pro
User avatar
cptrelentless
Expatriate
Posts: 3033
Joined: Wed Jul 01, 2015 11:49 am
Reputation: 565
Location: Sihanoukville
Korea North

Re: Serving Divorce Papers in Cambodia

Post by cptrelentless »

Surely if you are in Canadia you can just lie and say you have never heard of that woman? If she's been missing for seven years then nobody is going to cry "Bigamy!" at your wedding when they ask for objections
pczz
Expatriate
Posts: 3204
Joined: Sun Mar 22, 2015 1:00 pm
Reputation: 807
Location: phnom penh
Great Britain

Re: Serving Divorce Papers in Cambodia

Post by pczz »

MadeItInCambodia wrote: Wed Nov 20, 2019 5:39 am My Canadian lawyer has advised that the only way I can get divorced from my "missing for 7 years" Cambodian wife is that I have to serve a notice of divorce to someone in her family (or someone who knows her). Her mother is in Phnom Penh so I can serve the papers to her. The mother does not speak any English. Need to find out if there is a service or someone who can serve these papers to the mother. Once the notice has been served then the person who served the papers needs to get an affidavit signed, by a Notary confirming that they have completed the service of the notice.
My lawyer will prepare all of the papers and the affidavit.

Question: Anyone know someone or an organization who can serve this notice for me please?
I can recommend Minsum Solidar at Phnom Penh Notary Public. She speaks fluent English and French (trained at Sorbonne) and they have done a lot of stuff for me regarding custodianship and emigration issues. Most likely the Canadian court will require a witnessed document with a notary stamp AND a stamp from ministry of Foreign Affairs, which they can do. Be wary of notaries and lawyers you do not know. Only a handful are recognised by the ministries and authorised to do translations and prices vary enormously. http://www.ppnp.com.kh/
User avatar
fax
Expatriate
Posts: 2426
Joined: Tue Apr 03, 2018 9:28 am
Reputation: 1245
Korea North

Re: Serving Divorce Papers in Cambodia

Post by fax »

MadeItInCambodia wrote: Wed Nov 20, 2019 5:39 am Her mother is in Phnom Penh so I can serve the papers to her.
Does this work with all civil cases or divorce only? If the court can’t find somebody do they just serve the papers to the closest identifiable relative?
pczz
Expatriate
Posts: 3204
Joined: Sun Mar 22, 2015 1:00 pm
Reputation: 807
Location: phnom penh
Great Britain

Re: Serving Divorce Papers in Cambodia

Post by pczz »

fax wrote: Wed Nov 20, 2019 12:45 pm
MadeItInCambodia wrote: Wed Nov 20, 2019 5:39 am Her mother is in Phnom Penh so I can serve the papers to her.
Does this work with all civil cases or divorce only? If the court can’t find somebody do they just serve the papers to the closest identifiable relative?
As far as i am aware if the person is on a family book, someone else on the same family book can sign quite a lot of papers on their behalf, and the top person on the list can signs pretty much anything as the family unit is a legal entity and they are the head of the family. I am sure its a bit more compicated for some things but thats the geenral principle. There si also a residence book which shows all the people living at the address, family or not. If they are on that book then that is an official address that can be used for serving papers.
If it was me i would ask mum if she knows where the daughter is and try and get an address to serve the papers on. Howeber in this case the Op only needs to satisy the Canadian court so following their requirements is the main thing. The divorce may not be valid in Cambodia if Cambodia law is not folloed, but the OP does not seem concerned about that. Most weddings with foreigners invole ministry of the Interior and Ministry of Foreign affairs, so it would be wise to get the papers stamped by them, just so the Candians knw it been done proerly. Best ask the Canadian court exactly what it will accept and do the least possible to meet the reuuirement. In Theory the governemtn knows wehre everyone is because all khmer have to register at their new address but ti doesn't happen regularly
brolindevine
Tourist
Posts: 3
Joined: Fri Oct 19, 2018 6:28 pm
Reputation: 1
Canada

Re: Serving Divorce Papers in Cambodia

Post by brolindevine »

pczz wrote: Wed Nov 20, 2019 10:45 am
MadeItInCambodia wrote: Wed Nov 20, 2019 5:39 am My Canadian lawyer has advised that the only way I can get divorced from my "missing for 7 years" Cambodian wife is that I have to serve a notice of divorce to someone in her family (or someone who knows her). Her mother is in Phnom Penh so I can serve the papers to her. The mother does not speak any English. Need to find out if there is a service or someone who can serve these papers to the mother. Once the notice has been served then the person who served the papers needs to get an affidavit signed, by a Notary confirming that they have completed the service of the notice.
My lawyer will prepare all of the papers and the affidavit.

Question: Anyone know someone or an organization who can serve this notice for me please?
I can recommend Minsum Solidar at Phnom Penh Notary Public. She speaks fluent English and French (trained at Sorbonne) and they have done a lot of stuff for me regarding custodianship and emigration issues. Most likely the Canadian court will require a witnessed document with a notary stamp AND a stamp from ministry of Foreign Affairs, which they can do. Be wary of notaries and lawyers you do not know. Only a handful are recognised by the ministries and authorised to do translations and prices vary enormously. http://www.ppnp.com.kh/
Ms. Solidar won't serve papers unfortunately. Nor will anybody at the Phnom Penh Notary Public. I've been emailing with them and they said they can only do it if she goes in to see them at their office. Unfortunately I'm in the same boat as the original poster.
User avatar
BklynBoy
Expatriate
Posts: 1255
Joined: Sun Dec 25, 2016 12:11 am
Reputation: 579
United States of America

Re: Serving Divorce Papers in Cambodia

Post by BklynBoy »

maybe put a notice in khmer times that she won money- Or something to that effect. I remember some crime show documentary looking for criminals on the run or who haven't paid some sort of fine. They got some notification they won money,

random thought...
Manhattan keeps on making it, Brooklyn keeps on taking it
Tootsfriend
Expatriate
Posts: 1181
Joined: Sun Nov 01, 2020 9:36 am
Reputation: 515
Australia

Re: Serving Divorce Papers in Cambodia

Post by Tootsfriend »

MadeItInCambodia, Looks like you are ''married '' forever and it's a good reason to say you cannot get married again. Best insurance policy ever, gonna save you millions of $$
Spoiler:
OK , second best, the best one is a vasectomy.
User avatar
Spigzy
Expatriate
Posts: 1925
Joined: Fri Oct 12, 2018 9:50 am
Reputation: 1694
Great Britain

Re: Serving Divorce Papers in Cambodia

Post by Spigzy »

MadeItInCambodia wrote: Wed Nov 20, 2019 5:39 am My Canadian lawyer has advised that the only way I can get divorced from my "missing for 7 years" Cambodian wife is that I have to serve a notice of divorce to someone in her family (or someone who knows her). Her mother is in Phnom Penh so I can serve the papers to her. The mother does not speak any English. Need to find out if there is a service or someone who can serve these papers to the mother. Once the notice has been served then the person who served the papers needs to get an affidavit signed, by a Notary confirming that they have completed the service of the notice.
My lawyer will prepare all of the papers and the affidavit.

Question: Anyone know someone or an organization who can serve this notice for me please?
This is possible, I was in a similar situation and had to serve divorce papers to my ex-wife's mother's house. I used CSP Law Firm (www.cspalawfirm.com) who got the whole thing wrapped up in about 6 months end to end. If the spouse doesn't turn up, the court will still proceed with the case, albeit a little longer whilst they make efforts to find the other partner. Similar to other countries you will get what is called a 'Decree Nisi' after one "court" appearance (think brown shirt police dude behind a desk & an army of secretaries), then your spouse will have one month to appeal any decision, after which you will get the 'Decree Absolute' after another "are you really sure?" court appearance. Amazingly easy versus western divorce.
Meum est propositum in taberna mori,
ut sint Guinness proxima morientis ori.
tunc cantabunt letius angelorum chori:
"Sit Deus propitius huic potatori."
User avatar
Jerry Atrick
Expatriate
Posts: 5409
Joined: Sat May 17, 2014 4:19 pm
Reputation: 3037
Central African Republic

Re: Serving Divorce Papers in Cambodia

Post by Jerry Atrick »

There's a lesson to be learned here folks; don't marry your wives
Post Reply Previous topicNext topic
  • Similar Topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: cautious colin, Clutch Cargo, DavidMurphy and 407 guests