Married In Uk / Divorce In Thailand

[mcfester]

I searched the forum but only came up with post a few years old and not exactly my situation.

I married my Thai wife in UK and we have lived in Thailand since a few months after the marriage.

We didnt register the marriage in Thailand or anything.

Its a straight no hassle split, no kids, whatever possesions we have we have agreed on mutually.

Is it possible to get a quick divorce in Thailand? Weve been separated 12 months already.

Any advise appreciated.

[mcfester]

Thanks for the help.

[GuestHouse]

It is possible to get a divorce in Thailand recognized in the UK. However there are a number of difficulities that can arrise, hence I would advise that you speak to an international family law firm.

A particular problem that can and does arrise is the acceptance of the divorce at later enquiry.

You would first divorce in Thailand and then get the divorce certificate translated and registered with the British Embassy (actually with the Rigistrar via the Embassy)

The problem arrises if there is a later enquiry because the Registrar makes only very superficial enquiries about the divorce, he does not provide any guarantee that the divorce is fully legal or that it is not subject to challenge.

An example might be, for a divorce to proceed in the UK the court has to determine that both parties are apraised of their rights under the divorce law.

Clearly this cannot be guaranteed to the UK courts for divorces overseas.

Likewise, if you or your wife move to a third jurisdiction the British Registrar will provide no support that your divorce in Thailand is legal. You need to demonstrate to the third jurisdiction that you have a legal divorce in the same way that you did to the UK.

There are also some difficulties that can arrise from Pension sharing laws, these being in trust and subject to divorce law are not under either your or your wife's direct control.

Because of these difficulties both you and your wife should seek the advice of a lawyer working in international family law.

You can avoid all these problems by petitioning for divorce in a UK court. It is then court who has to satisfy themselves that the law has been met, and you will have no further queries on your divorce.

Edited May 26, 2007 by GuestHouse