Divorce

[pekingman]

Could anyone please advice me on Thai/british divorce ?

My story starts with me falling madly in love and marrying a thai national in 2002 . It was all done properly and through the right channels ie : British consulate and Amphur . I brought my new wife back to the U.K but we soon realised it was a mistake and she went home , we struggled with the relationship for a long time especially as i still remained in the U.K ? we only saw each other 3 times since then the last time back in Feb 2005 . We have had no contact at all since this date and i have no idea where she is now ?

My question is how do i get a divorce ? Is there some seperation thing or ???

All advice is welcome thanks

[Mario2008]

You can either divorce in the UK or in Thailand, both have different rules.

If you can find her and she agrees, a divorce in Thailand would by far be the easiest option. As you simply go to the amphur and both declare that you want to divorce. (you will have to take the marriage certificate with you). At the same time you can enter any agreements you made.

But also if you want to divorce in the UK, it is easier if you can find her first.

[Pitbullman1]

Mario2008 is spot on. If you can find your Thai wife take her to the Amphur with two witnesses and both of your Marriage certificates (English and Thai) Give a reason (there are 12 to choose from and one of 3 years of seperation is good enough) for wanting a divorce, pay the minimal amount of a few hundred baht, and it is over within half an hour or so. May I add that Thai ladies are very reluctant to divorce, so you may find it difficult, and need the services of a lawyer, or with a bit of luck it may be easy for you.

Good Luck.

[MikeyIdea]

I don't know about UK law but I married in Sweden. According to Swedish law (if the couple have no children of course, children complicate things), I just hand in a request for divorce, and if wife agrees, then it goes through directly. If wife doesn't agree to the divorce, like in my case (she refused to reply to letters and emails sent to her), then there was a waiting period of 6 months and then the divorce went through anyway. I got a letter with the post 6 months later that divorce had been granted, end of story. There should be a similar process to use in England

I have heard that you can divorce in Thailand also if wife refuse to come with you to amphur - meaning that it is easy to do, there will be a waiting period though - don't know about the process then though

Edited November 12, 2009 by MikeyIdea

[Geekfreaklover]

My understating is that you can divorce on the grounds of "abandonment" in a Thai district office (amphur) if you can demonstrate that there has been no contact for over 3 years.

[MikeyIdea]

Geekfreaklover, yes, remember when I read what you posted, that's exactly what a Thai friend of mine did several years ago and it was easy, waiting period involved, think it was 6 months

[Mario2008]

Are you sure you can do that at the amphur. I always understood that you can only divorce at the amphur if you are both in agreement to divorce.

[MikeyIdea]

Mario2008 - No, I am not absolutely sure. But I am pretty sure that a Thai friend of mine several years ago did exactly the same thing as geekfreaklower wrote above and since it was abandonment over 3 years, it could be handled by amphur.

Can someone confirm 100%?

[Geekfreaklover]

My understanding is that you can divorce at a district office on grounds of abandonment of a period of three years. How you can demonstrate that might prove to be a problem. One of my employees recently got a divorce as it was clear from immigration records that her foreign husband had been out of the country for five years.

[Mario2008]

It would be contrary to what I know about Thai law.

Also look here for more information: http://www.thailawonline.com/en/family/div...rce-in-thailand

Looks to me that you can only divorce at the amphur if you are in mutual agreement.

[pekingman]

Thanks for all your advice but my biggest problem as i said is i have no way of contacting her and last i heard she was in Singaphore ? My other problem is i no longer have the marriage certificate PLease help its all rather messy ?????

The truth is i have met myself a beautiful english girl and i know sooner than later the question of marriage will come up and i need to get this sorted asap ! Is the Thai marriage 100% legal over here ? If i married her without the Thai divorce would i be commiting Bigamy ???

O what a mess !!!!

[Mario2008]

Thanks for all your advice but my biggest problem as i said is i have no way of contacting her and last i heard she was in Singaphore ? My other problem is i no longer have the marriage certificate PLease help its all rather messy ?????

The truth is i have met myself a beautiful english girl and i know sooner than later the question of marriage will come up and i need to get this sorted asap ! Is the Thai marriage 100% legal over here ? If i married her without the Thai divorce would i be commiting Bigamy ???

O what a mess !!!!

You are legaly married and would indeed commit bigamy when you marry again without divorcing. The law does provide for when she cannoot be found, it just makes it take longer and more costly.

[Farma]

My impressions from what you’ve written.

The UK must know of your marriage as you took her to the UK. I would guess you need to prove to the UK authorities you’re divorced prior to remarrying.

The only way I know of obtaining a replacement Thai marriage certificate is by filing a Thai police loss report and obtaining a copy of the marriage registration from the Umphur where you married. This means you would need to make a trip to Thailand.

For divorce I think you may have 3 options.

The first option is to apply through a Thai court for divorce on the grounds of abandonment. Subject to the courts being unable to contact your Ex and no objections are raised this could take a couple of months.

You will be required to attend a Thai court in person once. Your Thai lawyer (required for Thai court cases) can act on your behalf for the rest of the court dealings.

Once a court order for divorce is granted, you will need to attend an Umphur with the court order (and recommend you take your lawyer + a witness) to obtain the divorce certificate. This could mean a second trip to Thailand The divorce would be legal in both the UK and Thailand.

The second option is to seek UK legal advice as to the UK courts jurisdiction to issue a divorce of a Thai registered marriage. If the UK courts agree, you could apply for a divorce through them. (The UK issued divorce may not be recognized by Thailand but still be legal in the UK)

In both scenarios you will need the divorce certificate (or replacement certified copy).

A third possible cheaper and quicker option would be to try and track down your Ex. Arrange to meet at the Umphur (even if you need to pay some sweetener and for her flights). It would still mean a trip to Thailand for you but if she’s in agreement the whole divorce could be done and dusted in a day and that includes obtaining replacement marriage certificates.

Regardless, seek legal advice for your best options.

All the best.

Edited November 12, 2009 by Farma