Seperation/divorce In Thailand

[kappa]

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?

[Casanundra]

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?

Simple: If she wants to divorce here in Thailand, then all she and her husband have to do is agree to the divorce and then go to the amphur together, say that they want a divorce, that they are both in agreement to the divorce and two signatures later, voila, it is done. Very easy and simple.

There is nothing that needs to be done legally with regards a separation.

If she wants to go back to England but remain separated well that then depends on her legal status in England. Does she have residency there for example or is she only allowed to stay there as the wife of her husband. If the latter then it would make it a little more difficult for her to stay there. Not impossible, just difficult.

If however, the husband does not agree to the divorce at the Amphur then she will need to get a lawyer and in that case, she should divorce under UK law as she will receive more in he divorce settlement. As it is, she is entitled under Thai law to split what ever was purchased during the time of their marriage to a 50:50 split between them

Edited April 14, 2007 by Casanundra

[kappa]

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?

Simple: If she wants to divorce here in Thailand, then all she and her husband have to do is agree to the divorce and then go to the amphur together, say that they want a divorce, that they are both in agreement to the divorce and two signatures later, voila, it is done. Very easy and simple.

There is nothing that needs to be done legally with regards a separation.

If she wants to go back to England but remain separated well that then depends on her legal status in England. Does she have residency there for example or is she only allowed to stay there as the wife of her husband. If the latter then it would make it a little more difficult for her to stay there. Not impossible, just difficult.

If however, the husband does not agree to the divorce at the Amphur then she will need to get a lawyer and in that case, she should divorce under UK law as she will receive more in he divorce settlement. As it is, she is entitled under Thai law to split what ever was purchased during the time of their marriage to a 50:50 split between them

Thank you for the answer Casanundra, but the case is that she dont want to go back to England, she wants to stay in Thailand. can he force here to go with him back to England, because they are legaly married under thai law?

[Casanundra]

Nope. He cannot force her to do anything she does not want to do.

If they come back here and she decides to stay then that's tough luck on him. He cannot kidnap her. He cannot force her onto the plane against her wishes either.

If he doesn't agree to the divorce then she will have to wait a couple of years here in Thailand and then file for divorce based on abandonment

Edited April 14, 2007 by Casanundra

[kappa]

Nope. He cannot force her to do anything she does not want to do.

If they come back here and she decides to stay then that's tough luck on him. He cannot kidnap her. He cannot force her onto the plane against her wishes either.

If he doesn't agree to the divorce then she will have to wait a couple of years here in Thailand and then file for divorce based on abandonment

Thanks again Casanundra, i have one more question. does she need any qualified ground to aske for a seperation?, does she need a lawyer to help here?

Thanks once again

[Casanundra]

Nope. He cannot force her to do anything she does not want to do.

If they come back here and she decides to stay then that's tough luck on him. He cannot kidnap her. He cannot force her onto the plane against her wishes either.

If he doesn't agree to the divorce then she will have to wait a couple of years here in Thailand and then file for divorce based on abandonment

Thanks again Casanundra, i have one more question. does she need any qualified ground to aske for a seperation?, does she need a lawyer to help here?

Thanks once again

I answered this in my first post. No legal action is required for a mere separation under Thai or UK law. The only time she will need a lawyer for separation is if there are children involved and a judgement on access rights to the children is required.

From what you have written so far, all she has to say to her husband is 'I am leaving you' and to just then walk away. Nothing more, nothing less.

[Maizefarmer]

I think what Casanundra is saying: husband can object all he wants, he can maon all he want's - all she has to do is move out, wait 2 years, file the paperwork - end of subject.

[kappa]

Thank you both, thank you wery much.

You both have been of great help