Divorce

[Getyourfactsright]

Hi All,

 

some advice please because everything I have read as well as consulting Legal services in Thailand are giving me different answers.

 

My Thai spouse and I want to divorce.  We have been separated 4 years and I’m in the uk.  I want to divorce from Uk but he is refusing to send the marriage certs and wants me to go to Thailand . I’ve read if we do an uncontested divorce that it won’t be recognised in the uk.  Is that correct? Also I have to get my passport notarised end certified . Question is can I do that here or has to be in Thailand .  
 

please help I’m at my wits end 

[Liverpool Lou]

19 minutes ago, Getyourfactsright said:

I want to divorce from Uk but he is refusing to send the marriage certs and wants me to go to Thailand . I’ve read if we do an uncontested divorce that it won’t be recognised in the uk.  Is that correct?

No.  Why would the UK not recognise a Thai divorce following a Thai marriage...what's it got to do with the UK authorities?   

 

Maybe you married in the UK?   Maybe your lack of clarity is leading to the differing opinions?

Edited January 22 by Liverpool Lou

[JensenZ]

21 minutes ago, Liverpool Lou said:

No.  Why would the UK not recognise a Thai divorce following a Thai marriage...what's it got to do with the UK authorities?   

Unfortunately, some countries don't recognize divorce by mutual consent, namely administrative divorces in Thailand. Australia recognizes them, not sure about the UK - each country is different. There's quite a bit of information online about divorce in Thailand.

 

Edit: There might be a problem.

 

Reading here: Divorce in Thailand

 

According to this article, only a judicial divorce is recognized in the UK, not an administrative divorce. If you divorce in Thailand, you'll need to do it in court.

 

I would suggest you hire a lawyer in the UK and get your divorce there. Just make it clear you haven't had any contact with the Thai spouse for 4 years and you can't contact him.

Edited January 22 by JensenZ

[chickenslegs]

Maybe someone here has similar personal experience and will help.

I don't have experience, but I understand that you will need a copy of your Thai marriage certificate to get a "no fault" divorce in the UK.

If you have not kept your certificate and your spouse is unwilling to send it to you, you may be able to employ a lawyer to get a copy for you.

I have been very pleased with the help provided by this UK lawyer, who operates in Thailand (on the British Embassy list), in a family law case. He lives in the UK but works for Anglo Thai in Bangkok

Send him an email, giving all the details. He might be able to help.

 

https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers/Thailand/result?

 

 

[JensenZ]

11 minutes ago, Liverpool Lou said:

No.  Why would the UK not recognise a Thai divorce following a Thai marriage...what's it got to do with the UK authorities?   

For the divorce obtained in Thailand to be valid for a UK citizen, the divorce needs to conform to UK divorce law. For sure the Thai spouse would not have a problem and would be officially divorced.

[Liverpool Lou]

40 minutes ago, Getyourfactsright said:

please help I’m at my wits end 

Registering Overseas Divorce

With regard to overseas divorce, there never has been the facility to register or deposit documents for an overseas divorce in the UK.

For a foreign divorce order to be valid in England, under the Family Law Act 1986, the foreign order must be valid under the law of the country in which it was obtained and at the date at which recognition of the foreign order is sought – either of the parties has to be habitually resident, domiciled or a national of the country in which the foreign order was obtained.

https://www.nelsonslaw.co.uk/register-my-overseas-marriage-or-divorce/#:~:text=In short%2C there is no,do so under UK legislation.

[Kenny202]

48 minutes ago, Liverpool Lou said:

No.  Why would the UK not recognise a Thai divorce following a Thai marriage...what's it got to do with the UK authorities?   

 

Maybe you married in the UK?   Maybe your lack of clarity is leading to the differing opinions?

Jesus your replies are.ignorant and rude

[JensenZ]

7 hours ago, Getyourfactsright said:

Hi All,

 

some advice please because everything I have read as well as consulting Legal services in Thailand are giving me different answers.

 

My Thai spouse and I want to divorce.  We have been separated 4 years and I’m in the uk.  I want to divorce from Uk but he is refusing to send the marriage certs and wants me to go to Thailand . I’ve read if we do an uncontested divorce that it won’t be recognised in the uk.  Is that correct? Also I have to get my passport notarised end certified . Question is can I do that here or has to be in Thailand .  
 

please help I’m at my wits end 

If you were married in Thailand, was it necessary to report your marriage in the UK? I've recently gone through a divorce as an Australian who married in Thailand and recently divorced in Thailand. There is no marriage reporting to Australia. As far as Australia is concerned, I never married. I was thinking maybe it's the same deal in the UK.... however, Australia does recognise uncontested administrative divorces legally obtained overseas.

[Liverpool Lou]

10 hours ago, Kenny202 said:

Jesus your replies are.ignorant and rude

That's just your opinion. Please don't call me "Jesus", that's ignorant and rude. 

Edited January 23 by Liverpool Lou

[Liverpool Lou]

10 hours ago, Kenny202 said:

Jesus your replies are.ignorant and rude

 

What was "ignorant and rude" about this response...

10 hours ago, Liverpool Lou said:

Registering Overseas Divorce

With regard to overseas divorce, there never has been the facility to register or deposit documents for an overseas divorce in the UK.

For a foreign divorce order to be valid in England, under the Family Law Act 1986, the foreign order must be valid under the law of the country in which it was obtained and at the date at which recognition of the foreign order is sought – either of the parties has to be habitually resident, domiciled or a national of the country in which the foreign order was obtained.

https://www.nelsonslaw.co.uk/register-my-overseas-marriage-or-divorce/#:~:text=In short%2C there is no,do so under UK legislation.

Well?

[paul1804]

18 hours ago, Getyourfactsright said:

Hi All,

 

some advice please because everything I have read as well as consulting Legal services in Thailand are giving me different answers.

 

My Thai spouse and I want to divorce.  We have been separated 4 years and I’m in the uk.  I want to divorce from Uk but he is refusing to send the marriage certs and wants me to go to Thailand . I’ve read if we do an uncontested divorce that it won’t be recognised in the uk.  Is that correct? Also I have to get my passport notarised end certified . Question is can I do that here or has to be in Thailand .  
 

please help I’m at my wits end 

I cannot answer your question but I do know that by Thai law after 3 years living apart, ie not in the same dwelling divorce is automatic and either party can apply for it on those grounds. Yes Thailand will tell you many different rules & laws which is quite common & very confusing. 

Edited January 23 by paul1804

[JensenZ]

2 hours ago, paul1804 said:

I cannot answer your question but I do know that by Thai law after 3 years living apart, ie not in the same dwelling divorce is automatic and either party can apply for it on those grounds. Yes Thailand will tell you many different rules & laws which is quite common & very confusing. 

This is not true. Thailand's laws on divorce are clear... in Chapter 6, Book 5, Commercial and Civil Code. You can buy an English translation on Lazada for about 600 baht.

Edited January 23 by JensenZ

[paul1804]

21 hours ago, JensenZ said:

This is not true. Thailand's laws on divorce are clear... in Chapter 6, Book 5, Commercial and Civil Code. You can buy an English translation on Lazada for about 600 baht.

Go and talk with 2 different family lawyers and they will interpret the rules differently as is often the case in the courts. If there is a Thai & farang divorcing & there is a dispute then the courts will invariably interpret the law to benefit the Thai, this is common!

[Mcspeano]

I have sent a PM