Seperation In Thailand

[kappa]

What would happen to any cash kept outside Thailand (in my sole name) and any property outside Thailand (in my sole name) if i were to divorce in Thailand (after being married in Thailand) then?

What exactly is my wife entitled to? For example if i had no assets at all within Thailand does this mean legally she would be able to get nothing from me?

Reading Rinrada's post.

Anything you had before the marriage is yours 100%.

Anything you obtained once married is split 50:50

However, how someone proves that it was obtained during the marriage or was yours 100% before the marriage is yet another matter altogether and the question here should be on how creative you want to be in hiding what ever assets you want to hide so that it doesn't get split 50:50 with the Thai wife.

[Rinrada]

Need a little bit more info.......

Unfortunately (as is the case in life) I have 2 mates over "ere... one who just got his divorce papers through only last week (married in LOS) and another who is about ready to start proceedings (UK).....bit sad but as said ...life....so ....

[Mobi]

What would happen to any cash kept outside Thailand (in my sole name) and any property outside Thailand (in my sole name) if i were to divorce in Thailand (after being married in Thailand) then?

What exactly is my wife entitled to? For example if i had no assets at all within Thailand does this mean legally she would be able to get nothing from me?

Reading Rinrada's post.

Anything you had before the marriage is yours 100%.

Anything you obtained once married is split 50:50

However, how someone proves that it was obtained during the marriage or was yours 100% before the marriage is yet another matter altogether and the question here should be on how creative you want to be in hiding what ever assets you want to hide so that it doesn't get split 50:50 with the Thai wife.

There have been a few recent threads on this and I asked the same question. Bendix is the expert.

What you have stated above seems to be as close as you're going to get without consulting a lawyer on your particular circumstances.

Remember TIT, and you can't always rely on the courts to be fair to you, but at the same time, it is highly unlikely;y that they would have the desire or means to go after offshore assets.

I would imagine most couples agree to a settlement outside the courts, and then state that agreement in the Thai divorce papers.

Court would tie up the estate for years.

[kappa]

here is the case:Case: She is from Thailand, he's from England. They have married in Thailand (no children) only, and moved to England. She wants a seperation and after that a divorce.

What is the procedure to get a seperation,how can you get a seperation in Thailand? is the any legal procedure to follow?

If they com to Thailand for holiday, what proceeding must she take if she wants a seperation and want go back with him to England?

And if they are only married in thailand, and she wants a divorce in England, what does she have to do?

[Rinrada]

If they are both agreeable (small word but means a lot) and go back to LOS they only have to go back to the Registry Office where they signed the book and ask for a divorce .

As said if none of the ..."I want this ..you owe me that" hassle ...then it could only take 2 minutes and off they go......

I been with a number of guys (couples ) who did this and it worrked out OK....but to repeat ...agreeable ....otherwise ...................£££$$$£££$$$<<<>>>££$$

[aussiestyle1983]

I agree.

If they can agree, fly back to LOs and do it. It would be over in less than an hour and both parties would come out with more. If you have to do it in the UK, it WILL get costly and turn very bitter. Anything agreed upon, will most likely change after going through court in the UK.

I know in Oz you need to be seperated 12 months before you can get divorced! 12 months! &lt;deleted&gt;! Ok, we want a divorce, 12 months, no thanks, we want it now so we can get on with our lives. In LOS divorce is very fair and very easy, the way it should be, especially if both parties agree.

[Maestro]

What is the procedure to get a seperation,how can you get a seperation in Thailand? is the any legal procedure to follow?

If they com to Thailand for holiday, what proceeding must she take if she wants a seperation and want go back with him to England?

And if they are only married in thailand, and she wants a divorce in England, what does she have to do?

Why this insistence on separation first, in Thailand, and later divorce, in England?

To best of my knowledge, there is no legal procedure for separation in Thailand. In case of abandonment, i.e. de facto separation, the injured party may go to court and seek financial assistance from the spouse; that’s about it as far as legal procedures regarding separation go.

Regarding your emphasis on being married in Thailand but not in England, it makes not difference. Married is married. You marry your wife once, can’t marry her first in one country and then in another country.

Therefore, it boils down to the question of where you want to divorce, and you may find it more convenient and less costly to do it in Thailand. Your concern, however, seems to be to retain your wife’s right to live in the UK after her divorce and I know nothing about this. If this is indeed your concern, then say so and somebody knowledgeable on the subject may give you useful advice.

--

Maestro

[kappa]

What is the procedure to get a seperation,how can you get a seperation in Thailand? is the any legal procedure to follow?

If they com to Thailand for holiday, what proceeding must she take if she wants a seperation and want go back with him to England?

And if they are only married in thailand, and she wants a divorce in England, what does she have to do?

Why this insistence on separation first, in Thailand, and later divorce, in England?

To best of my knowledge, there is no legal procedure for separation in Thailand. In case of abandonment, i.e. de facto separation, the injured party may go to court and seek financial assistance from the spouse; that's about it as far as legal procedures regarding separation go.

Regarding your emphasis on being married in Thailand but not in England, it makes not difference. Married is married. You marry your wife once, can't marry her first in one country and then in another country.

Therefore, it boils down to the question of where you want to divorce, and you may find it more convenient and less costly to do it in Thailand. Your concern, however, seems to be to retain your wife's right to live in the UK after her divorce and I know nothing about this. If this is indeed your concern, then say so and somebody knowledgeable on the subject may give you useful advice.

--

Maestro

Ok, but if she wants a divorce in England, married in Thailand only, and want a divorce.

She dont want any of what is his, house, mone or anything.

Where does she go to get a divorce?

[Maestro]

Ok, but if she wants a divorce in England, married in Thailand only, and want a divorce.

She dont want any of what is his, house, mone or anything.

Where does she go to get a divorce?

If she wants her divorce in England, I don't know about the procedure. I guess she has a reason for wanting it in England rather than in Thailand, where it would be much easier. Simply a visit to the amphur office with the marriage certificate and passports (in the wife's case her Thai ID card), sign a document, and that's it.

--

Maestro

[Rinrada]

Try and do it in Thailand......

Have you even SEEN the SMILE on an English Lawyers face when you first visit him in his gold trimmed office....?

[kappa]

I vill advice here to get divorced in Thailand, she is unserten about the seperation, how it works.

They have to live seperated in 3 years before she can get a divorce if he dont want to?

[Mobi]

I am not an expert but I have been married and divorced in both Thailand and England so I know a little bit.

Firstly, Thai marriages and divorces are recognised in England, and English marriages and divorces and recognised in Thailand.

If you need to 'use' your Thai marriage or divorce papers in England, you will need to get a certified translation from the Thai consulate.

If you are married in England, it is extremely unlikely - probably impossible - to get a Thai divorce, because the Amphurs are simply not equipped to do this. They need a Thai Marriage certificate.

Similarly, if you are married in Thailand and divorced in England, the Amphurs are not equipped to 'accept' the English divorce papers and the Thai woman will have a major problem re- registering herself as a divorced woman and changing her Thai ID etc in Thailand. This happened to my ex recently (we were divorced in England) and we had to subsequently divorce again in Thailand so that she could change her name back.

Financial settlements between the partners are noted at the amphur when you go through a Thai divorce - so farangs had better have someone with them who can translate the documents, before signing.Normally the marital estate is subject to a 50/50 split., but I think in practice this rarely happens, unless the estate is very large. Anything owned by either party before the marriage is not taken into the settlement.

Financial settlement between partners in a UK divorce are subject to separate legal proceedings, which are normally handled by two sets of lawyers representing each side, and in the event of non- agreement go through the courts for settlement.

Although a Thai divorce is recognised in the UK, it is my understanding, that either party could still challenge any distribution of the joint estate through the English courts.

If either party to a Thai divorce refuses the divorce, the waiting period is 3 years of non-cohabitation before a divorce may be granted. This is quite important to any farang whose marriage breaks up, as if he refuses the divorce, his wife cannot have any access to his estate, and must wait 3 years before she can do anything, and even then it will be difficult for her. (Unless , of course, she is in de facto possession of his property, but she certainly would not have access to his bank accounts or investments etc).

I hope the above helps in clarifying the situation.

[kappa]

I am not an expert but I have been married and divorced in both Thailand and England so I know a little bit.

Firstly, Thai marriages and divorces are recognised in England, and English marriages and divorces and recognised in Thailand.

If you need to 'use' your Thai marriage or divorce papers in England, you will need to get a certified translation from the Thai consulate.

If you are married in England, it is extremely unlikely - probably impossible - to get a Thai divorce, because the Amphurs are simply not equipped to do this. They need a Thai Marriage certificate.

Similarly, if you are married in Thailand and divorced in England, the Amphurs are not equipped to 'accept' the English divorce papers and the Thai woman will have a major problem re- registering herself as a divorced woman and changing her Thai ID etc in Thailand. This happened to my ex recently (we were divorced in England) and we had to subsequently divorce again in Thailand so that she could change her name back.

Financial settlements between the partners are noted at the amphur when you go through a Thai divorce - so farangs had better have someone with them who can translate the documents, before signing.Normally the marital estate is subject to a 50/50 split., but I think in practice this rarely happens, unless the estate is very large. Anything owned by either party before the marriage is not taken into the settlement.

Financial settlement between partners in a UK divorce are subject to separate legal proceedings, which are normally handled by two sets of lawyers representing each side, and in the event of non- agreement go through the courts for settlement.

Although a Thai divorce is recognised in the UK, it is my understanding, that either party could still challenge any distribution of the joint estate through the English courts.

If either party to a Thai divorce refuses the divorce, the waiting period is 3 years of non-cohabitation before a divorce may be granted. This is quite important to any farang whose marriage breaks up, as if he refuses the divorce, his wife cannot have any access to his estate, and must wait 3 years before she can do anything, and even then it will be difficult for her. (Unless , of course, she is in de facto possession of his property, but she certainly would not have access to his bank accounts or investments etc).

I hope the above helps in clarifying the situation.

You have been of great help, thank you wery much

[kappa]

Anybody else with any experience witth this, she dont want any of his assets, and want to pay him back what he paid for here to here family.

She has not asked yet, but he will probaly say no to a divorce.

[Rinrada]

Has she got a UK /EU passport YET?

[helicoptor]

Has she got a UK /EU passport YET?

Isn't this obtained approximately a week before they ask for a divorce

[Farma]

If you can read Thai there is a section on the Thai embassy London site dealing with divorce. http://www.thaiembassyuk.org.uk/marriage_div.html

Maybe someone can translate it and see if a divorce is available at the embassy.

[terry57]

just a quick question to you fella's that have been married in england ( or anywhere ) and then married again in los.

considering that you have failed in both attempts, do you see yourself going through the marrage process again.?

im only asking the question, as it seems like a huge waist of time , energy and financial distress.

if one fails twice, one would have to consider just having a girlfriend in the future and not go down the marrage path, as to go through this drama once again would send a person insane.

thank you very much.

is it not a good idea just to have a good friend who is also your lover?

i mean, one does not have to get married does he. ?

[kappa]

No, she has not got a UK/pasport

[kappa]

Has she got a UK /EU passport YET?

No, she has not got a UK/EU passport, she wants a divorce, non of his assets, giv him back what he paid here parents for here, and thats all.

She has not asked for divorce yet, but she thinks that he will not give her a divorce

[mrt273nva]

sorry, i read the OP and didn't bother with comments made because my question is 'same same, but different'...

i have debt 'occured after marriage' from a bank in the US. so would that debt be split in case of a breakup?

(hypothetical question)

Edited April 19, 2007 by mrt273nva

[Richard W]

Maybe someone can translate it and see if a divorce is available at the embassy.

Be very wary of that route. I remember reading that if the couple are domiciled in England, a divorce at the Thai Embassy in England is not recognised in the UK. I think this is a matter of case law, which probably means that the legality of a subequent (or proposed subsequent) marriage has been successfully challenged by the UK immigration authorities. Not a pleasant mess to get oneself into.

[chrisspursbkk1]

If she hasn't got a passport and dosen't have means to stay in the UK then coming back to Thailand would be the fairest thing, she'd be back at home with her family and he'd get his dowry back, maybe it would cover the cost of sorting out any of expeinces with the Registy office. By the way can she stay in the UK after getting a divorce and not having a UK passport?

[Boo]

if she has ILR then she can stay in the UK without him.

[kappa]

If she hasn't got a passport and dosen't have means to stay in the UK then coming back to Thailand would be the fairest thing, she'd be back at home with her family and he'd get his dowry back, maybe it would cover the cost of sorting out any of expeinces with the Registy office. By the way can she stay in the UK after getting a divorce and not having a UK passport?

As far as i know, she can not stay in the UK if she is divoced, she has to go back to Thailand.

[gregchambers]

There are UK laws in force that protect foreign wives from abusive UK husbands in the situation where they don't have UK citizenship yet, so I think she will both be able to stay in the UK and get publicly funded housing etc...

BTW one of my mate's got divorced from a Thai gal in the UK and the stuff he had bought for the family in Thailand, rice land and house, were taken into account during the division of the assets etc based on their current value.

[Rinrada]

Assuming that she a has a ILR Visa....then ....the following would apply...

A permanent resident visa for Great Britain has no time limit imposed upon it and whereas a work permit would depend upon a specific offer of employment, there are no immigration related restrictions upon the type of work or business a person with a permanent UK resident status may undertake on arrival.

An ILR has no time limit; however it is important to note that holders should not spend periods of more than two years outside the United Kingdom.

A long term UK resident should consider the United Kingdom as home and spending only short periods of time in Britain may lead to the loss of ILR.

A person with ILR may be eligible to apply for British naturalisation as a UK citizen provided they meet the requirements for British citizenship.

(practice to be a full blown ....I say old Chap)

Eligibility Criteria :

For this kind of permanent UK residency application the applicant must have settled status in Britain.

This usually means that the candidate has been resident in Great Britain on the same visa class for at least four years (excluding student visas).

The only exception to this is for people on Marriage visas or De Facto visas who only require two years, and for periods of exceptionally long term residency

(10 years legal, or 14 years as a combination of illegal and legal residency).

Categories that can lead to an application for permanent residence in the UK include:

- Ancestry (after 5 years)

- Highly Skilled Migrant Programme ( HSMP ) / Work Permit (after 5 years)

- Marriage / Unmarried (after 2 years)

- EU Nationals and their dependants (after 5 years)

- Long Residency (after 10 years as a legal resident or after 14 years as a combination of illegal and legal residency in the United Kingdom).

ILR and Marriage in Britain:

If you successfully apply for permanent residency in the UK, you will be allowed to live and work in the country lawfully with no time limit or conditions on your stay.

You will also be able to apply for public benefits where eligible.

In order to qualify as a permanent resident in the UK you must be able to show that you were given permission to enter or remain in the country on a marriage visa, as a husband, wife or civil partner of someone settled in the country and that the period of the visa for spouse immigration has been completed.

The marriage must still be in place and you must both intend to continue the marriage.

You will also need to provide the documents below as part of your permanent residence application:

- Passports for you and your spouse.

- Evidence of financial resources (bank statements, wage slips, etc.).

- Passport photographs.

- Evidence of your accommodation arrangements.

- Evidence of co-habitation such as utility bills. ...........

and what else....... ...REASON you want a DIVORCE

[kappa]

The lady that Im talking about, does NOT want to stay in UK, she want to go back to Thailand. She wants a divorce, but he does not!!!!!

Even tough she wants to pay him back what he paid here family for here, thats the PROBLEM.

[Boo]

If he is unwilling to divorce then she should just return to thailand & then after the required amount of time apply for a divorce on grounds of abandonment (3 years?). He can then no longer contest the divorce if they have been seperated for that period (again not 100% sure on time scale) but this may be the only option if he is refusing the divorce. But IMO unless she actually raises the issue with him then it is all speculation, he may just agree & be done with it.

[chrisspursbkk1]

If she hasn't got a passport and dosen't have means to stay in the UK then coming back to Thailand would be the fairest thing, she'd be back at home with her family and he'd get his dowry back, maybe it would cover the cost of sorting out any of expeinces with the Registy office. By the way can she stay in the UK after getting a divorce and not having a UK passport?

As far as i know, she can not stay in the UK if she is divoced, she has to go back to Thailand.

If he refuses the divorce then maybe his money (spent on family & wedding) would be spent on her flight home to the Kingdom so the best advice would surley be to let her go and get on with your life. IMHO.

Chris.