Uk Couple Married Under Thai Laws

[Ave]

Help please!

my Brit friends got married in Bangkok under Thai laws. One of them is now struggling to get a divorce from the other despite the fact that the other made the decision to leave. I was told that to get divorce with both parties' consent costs only 95 Baht but if one of them opposes to it the legal fees are likely to be painfully high.

It looks like it is going to be long legal proceedings in the UK. They have time until next MOnday to try to settle this peacefully and smoothly before they go separate ways.

Does anyone have any information/advice about Thai divorce to be dealt with from abroad?

Cheers

[GuestHouse]

It depends where your 'friends' are.

If they are both in Thailand then they can quite easily apply for a divorce there. In theory they need only turn up at the registration office, sign off on the divorce, pay the fee and the job is done.

If one party is not playing ball then things can get a little more difficult.

Disertion is grounds for divorce, as is adultry, but I believe that there is a gender bias in which the man can divorce the woman for disertion/adultry but that it is more difficult the other way around.

All that assumes that they are both in Thailand.

If either of them is back in the UK, or if they have any marital wealth in the UK, then either of them can apply to a UK court for a divorce, which the UK court will almost certainly hear.

I would advise both parties to take full legal advice, and if any significant wealth (includind pensions) is heald in the UK, that they seriously consider filing for divorce in a UK court.

(This of course may suit one side of the divorce more than the other).

[Ave]

Thank you very much for your advice.

It's a bit complicated. They were married a first time and then divorced in the UK before coming over to Thailand. They got married in Bangkok under a second time not long ago, it is a marriage under Thai laws.

As I understood he left her but adultery doesn't seem the reason for their split.

She's trying to get a divorce in Thailand before going back to the UK imminently with the children. Husband and wife are both UK nationals with children.

It would be so easy for the sake of the whole family if he agreed to go ahead and sign the papers in Bangkok. I guess they don't trust each other. One is worried that he might not get access to see the children, while the other is worried that his future partner might claim her wealth.

One thing is certain, in the UK they are going to face a long, bitter and expensive divorce once again. Also, I'm not sure whether she will have to liaise with the Thai embassy on this occasion.

It doesn't feel right to go public about private matters as such but I'm trying to help.

It depends where your 'friends' are.

If they are both in Thailand then they can quite easily apply for a divorce there. In theory they need only turn up at the registration office, sign off on the divorce, pay the fee and the job is done.

If one party is not playing ball then things can get a little more difficult.

Disertion is grounds for divorce, as is adultry, but I believe that there is a gender bias in which the man can divorce the woman for disertion/adultry but that it is more difficult the other way around.

All that assumes that they are both in Thailand.

If either of them is back in the UK, or if they have any marital wealth in the UK, then either of them can apply to a UK court for a divorce, which the UK court will almost certainly hear.

I would advise both parties to take full legal advice, and if any significant wealth (includind pensions) is heald in the UK, that they seriously consider filing for divorce in a UK court.

(This of course may suit one side of the divorce more than the other).

[GuestHouse]

One is worried that he might not get access to see the children, while the other is worried that his future partner might claim her wealth.

The children are the children of both parents, the wealth is the wealth of both people in the marriage. The marriage may be in Thailand but may be subject to a UK court ruling if any of the members of the marriage or any part of the marrital wealth is in the UK or has a substantive connection to the UK.

If they both want a quickie divorce then they can certainly get that in Thailand, but since children are involved and seemingly some significant wealth, I would advise both to seek the full legal protections of a UK court.

[Ave]

It makes perfect sense.

thanx a lot for your advice.