Divorce

[bozy]

Me and my wife want a divorce but our problem is she is in the Uk and I am in Thailand.We married in Thailand and did not registered it in the Uk but i am aware this marriage is recognised in the UK. I have enquired at my local amphur and they inform me we both have to be in Thailand to get a divorce.

The only problem with this is my wife's settlement visa expired over 17 months ago and at present she has no current visa.So she can not travel out of the UK as she will not be able to return.I reported her illegal status over 6 months ago when she started court proceedings against me,to get me and our daughter back in the Uk after we had already been living in Thailand for over 1 year.My lawyer got the case dismissed on the grounds she has only a 12 month period to get a high court order to get us back so we can face the court hearing in the county court. Her lawyer which she obtained through legal aid (even though she was a illegally in the country) did not do their job properly. Some time through the court hearing we insisted some clarification on the situation on her visa status.Which we had a reply from the border agency she was refused ILR visa and also at the appeal they refused her application. At present no other application has been made.

In her last attempt to stay in the UK she has got her self pregnant (5 months) so she can not travel now even if she had a current visa. So down to the divorce i was informed at the local amphur I would have to go to court in Thailand to seek a divorce.Which is ok with me but I did not want this to be too lenghty and costly. As the court case in the Uk cost over 6,000 pound and nothing was gained from this.So I would not like to waste much more money if possible.I think divorce in the UK would be more difficult and costly and at present I do not wish to return.

I forgot to mention we have been seperated for over 2 years.

If anyone has any help or information I would be very grateful.

[Mario2008]

Are you divorced in the UK or not? Thailand will recognise this, but regarding any assets in Thailand there migth be problems which need to be solved seperatly.

if you are not divorced you can also ask for a diorc in Thailand, it must be based on one of the grounds mentiond in the law. Abandoning is one of those reasons.

Since she is not here it could mean a longer process, and more lawyers fee. Ask in the Chinag Mai forumfor a good divorce lawyer there.

[bozy]

No I am not divorced in the UK.I understand I can get divorced in the UK but this would be more complicated and costly.

I will try the Chiang Mai forum to see if anyone can help further.

thanks.

[Mario2008]

A divorce here in Thailand will always be cheaper than in the UK, but you both being in different countries is complicating things. a major facto in the cost will be if your wife opposes the the divorce or not.

Cheapest is always to divorce by mutual agreement at the amphur, but that won't happen untill at least your wife has deliverd her baby and both are fit to travel.

Note that since you are still married you migth want to seek advise on if you need to denouce the child as your. The law of most countries will automatically asume you are the father and list you as such and if you do not want that you have to denounce your parenthood of the child. Not sure about UK-law regarding this.

[beano2274]

I believe but not sure, that if your wife has got herself pregnant by another man, that by Thai Family Law the divorce is easier, and also he has to pay you money, but please do not quote me on this, I have seen it here somewhere before, search this website and you might get more details

[simon43]

Beano, that is indeed the case under Thai family law. But I assume the guy who got her pregnant is British and living in the UK - not much chance of applying Thai family law to him!

Simon

[473geo]

Can you not simply divorce in the UK irreconcilable breakdown - 2 years apart - just get the papers prepared for her to sign and serve them??? If she does not sign your lawyer just goes ahead anyway.....might just be a little more complicated but I don't think it is too much effort.

[Abrak]

In general you look in a fairly good position.

However, I would be concerned if a substantial portion of your combined assets are in the Uk. A good lawyer can get these frozen until settlement and your 'wife' has the advantage that she is there while you are not. In other words it is far easier for her to implement any court award than it is for you.

Divorces are not always satisfactory so it is important that their judgment cannot be implemented with ease.

[bozy]

I have thought about divorce based on irreconcilable breakdown but is our thai marriage certificate with english translation sufficient as proof to start this process or will I be informed the marriage needs to be registered first in the Uk before i can proceed? We all know how hard it is in the Uk to do the simplest things.Thats why I moved to los.

As to settlement my wife has always said she would not want anything from me as I looked after us for 4 years,so my money has decreased since we have been together.Also my wife does not help financely since our split even though she has been in full time employment until border agency got involved,so now I have no chance of any support from her.

All my assets are in the Uk.Except pick-up,motorbikes which are in my name.

Tommorrow I will go to the courts in Chiang Mai and get a few answers about a divorce.