Interesting Question - Thai Family Law

[DavidBrook]

I got asked this the other day and I dont know the answer, maybe someone out there does.

I have a friend who married his g/f in UK. The marriage was never registered in Thailand, and it broke down. Sh*t happens. Can wifey divorce him in Thailand?

The law in Thailand seems gloriously vague sometimes, ask 3 Thai lawyers and you get 4 opinions. Anyone out there know the answer?

D

[Soutpeel]

I got asked this the other day and I dont know the answer, maybe someone out there does.

I have a friend who married his g/f in UK. The marriage was never registered in Thailand, and it broke down. Sh*t happens. Can wifey divorce him in Thailand?

The law in Thailand seems gloriously vague sometimes, ask 3 Thai lawyers and you get 4 opinions. Anyone out there know the answer?

D

Cant quote anything from Thail law, but in my opinion..answer is yes

If she had a copy of the marriage certificate, believe it would be possible...IMHO the divorce would be recognised in Thailand, but not so sure about it being recognised the UK.

Basing this opinion on personal experience, where I was married in one country and legally divorced in another, this wasnt Thailand, but two commonwealth countries..

[Mario2008]

Best contact Isaan lawyers.

But I would agree with Soutpeel that I think the answer is yes. A marriage or divorce in Thailand is recognised by the British government. But it might depend on if one of them actualy lives in Thailand. If there is no other connection to Thailand than the nationality of one of the spouses the UK government might not recognise it.

Also what would be beter can depend on if there is property involved or not.

[Farma]

From everything I’ve read or been told by lawyers the answer is no. The general advice was if you register your marriage in your home country your divorce will need to take place there and be processed according to the laws of that country.

A good general guide is a book called “Thai Law for Foreigners” ISBN 978-1-887521-57-4 It says similar on page 77 of the 2008 edition.

The only way you will get a definitive answer is to ask a UK lawyer if a Thai divorce for a UK marriage is recognized under UK law. The next hurdle would be to find out if the Thai registry office will perform a divorce for a foreign registered marriage.

Edited June 30, 2009 by Farma

[slapout]

This very topic was discussed recently on TV. Can not remember when and not interested in answer so wont look it up.

[Arkady]

A foreign friend living in Thailand got married to his Thai gf on a trip abroad and then wanted to get a divorce. They were able to get it done in Thailand on the basis of mutually agreed settlement but he said he was initially told to go back to the country they were married for a divorce and was advised that a Thai court would not have accepted a case where there was no agreement. Apparently for the Thai courts where the couple got married is an issue, whereas Western countries usually expect one or both of the parties to be resident in their constituency or at least have a close connection with it. On that basis the other country might have refused the case because neither of them had any connection with the country. I think the answer to the OP's question is no.

[PastEgo]

i was married in my home country and then moved to another (not thailand) we then divorced in the new country

all you have to do is register the divorce in your home country as long as the translated divorce papers are notarised then you should have no problems

[verydumbubba]

Concentrate on the UK sector - get a divorce there. Sooner is better.

Send registered copies to the Thai Embassy und wifey at last known address.

Get it notarized.

Bubba

[torrenova]

I married in Japan and was divorced in the UK.

If the marriage is recognised, then you can get divorced but how you explain that to someone of limited education and experience in the back of beyond I do not know. Perhaps the test is whether you could register your foreign marriage because then you could register your divorce.

[Maizefarmer]

My take on it is that you may well be able to commence divorce procedings in Thailand, but they should be addressed to the authorities in the UK. I don't think you could expect the UK authorities to recognise a divorce in Thailand if they were kept out of the loop.

Its like asking the UK authorities to divorce a couple married in Thailand - may well be possible to get divorced in the UK, but you;d have to fill in the Thai authorities and follow through with any admin formalities they would want completed.

Remember - divorce invloves 2 people, and as far as th UK authrorites are concerned, they always want to hear both sides of the story.

[sassienie]

I am guessing that the wife is Thai? Not clear on that one.

If the British husband or Thai wife wishes to divorce in Thailand.

Take the UK marriage certificate to the British embassy or consulate and have it authenticated.

Than visit a Thai lawyer and have the marriage certificate translated from English into Thai. The embassy will only accept a translation from a bona fide lawyer.

Next, take the UK marriage certificate, authentication document and Thai translated copy to the Thai Foreign affairs office in Bangkok.

They will issue a Thai marriage certificate.

Once you have the Thai certificate, you are than eligible to divorce in Thailand as imposed by the laws of Thailand, which could mean going to court if either party does not agree to the divorce or wants settlement.