Thai marriage

[Stacey88]

## Help needed ##

 

My partner is trying to get divorced from he's Thai wife. They were married in an Amphur in Thailand then came back to the UK to live, she seperated from him and flew back to Thailand nearly 5 years ago leaving behind her husband and child, and hasn't been back since. We've seemed legal advice from a solicitor and been told we or a friend we entrust have to personally serve her a copy of the divorce papers. I've also been trying to find out for sure if their wedding was 100% legal in the UK but having no luck! 

[RichardColeman]

If they have a Thai marriage certificate they are married 100% - if just buddhist then they are not married in law

[AlexRich]

If the wife was able to live in the UK then I’d guess the marriage was legal and above board. Note to self ... never marry.

[rumak]

4 hours ago, AlexRich said:

If the wife was able to live in the UK then I’d guess the marriage was legal and above board. Note to self ... never marry.

good advice.   i hope you take it 

[NanLaew]

OP's partner needs to get a divorce in Thailand on grounds of separation. A five year hiatus easily meets what a Thai court needs to proceed with this. However, the court also requires that the soon-to-be ex-wife be notified of the intent to file for divorce and she has 30 days to respond. Last known address, next of kin sort of thing. No response and the court will grant the divorce. If she responds, then it may take a couple of court visits. If she chooses to contest the divorce, then it could take longer.

 

If the OP's partner has a copy of the marriage certificate, a third party in Thailand can use this to check with any amphur as to its validity in the unlikely event the estranged wife went and got a divorce herself on the same grounds.

Edited July 28, 2020 by NanLaew

[GinBoy2]

I'm curious.

 

In the US if you are estranged from your ex, and they are in a different State or country, for a I think 3+ years you can apply apply for a divorce where you live. 

 

I'd be surprised if UK law is much different.

 

Might be time to contact a divorce attorney or solicitor as I think they are called in the UK

[stupidfarang]

Have a look at this link which may help, and uncontested divorce is easy and fast and the best way to go. Just check on the UK law as to if she can claim on assets in the UK (which I think she can). Best to safeguard all assets before proceeding.

 

Also maybe prepare to offer a settlement (money) if she starts to be difficult (start low then work your way to the amount you are okay with giving) Also collect any evidence of abandonment of the family on her part. Ensure you have full custody of the children (an if you have to come back to Thailand to finish the divorce then do not bring the child, you do not want custody problems here in Thailand)

 

https://www.siam-legal.com/legal_services/thailand-divorce.php

 

[theoldgit]

This has nothing to do with Visas or migration to other countries, I'll move the question to a more appropriate forum