Violent Marrage

[gripper]

I wonder if any members can give any advice on what my thai wife's friend can do as she has come to the uk on a settlement visa but her husband has become very violent to her and has hit her on numerous occasions and she now wants to go back home to thailand i have tried to get help from various agencys but as she is not entitled to public funds she now does not know what to do as her husband just says do what you want you will get nothing from me at the moment she can stay with us but we are not in a position to fund her flight back.If any members have any experience of similar situations and any advice i would be grateful.

Gripper

[Mario2008]

Moved to visa section for other countries, as there might be better answers here.

Did she try to get help from the embassy already?

[sarahsbloke]

Contact the person who guaranteed her VISA, they will have promised to provide a ticket home.

Legally binding.

[theoldgit]

Contact the person who guaranteed her VISA, they will have promised to provide a ticket home.

Legally binding.

What law would that be then?

I think you will find that the Sponsorship Undertaking Form, if that's what you are referring to, doesn't apply to Spouses.

Does she really want to go back to Thailand, if there is proven physical abuse she can stay in the UK, but bear in mind this is an often abused process.

Edited June 26, 2010 by theoldgit

[7by7]

Contact the person who guaranteed her VISA, they will have promised to provide a ticket home.

Legally binding.

Maybe some countries have such a rule, but as theoldgit says; the UK does not. Any such undertaking would not be enforceable under any UK law.

Gripper, if she wishes to remain in the UK then she can apply for ILR as the victim of domestic violence. She will need to provide evidence such as police reports. See Victims of domestic violence, Completing application form SET(DV) and SET(DV) Guidance Notes.

If she wishes to return to Thailand, then I'm afraid it's up to her to find the money for her airfare. Unless the Thai embassy can help her.

[gripper]

Moved to visa section for other countries, as there might be better answers here.

Did she try to get help from the embassy already?

Thanks for the info she is speaking to someone at the embassy on monday will post what happens.

Gripper

[gripper]

Contact the person who guaranteed her VISA, they will have promised to provide a ticket home.

Legally binding.

Maybe some countries have such a rule, but as theoldgit says; the UK does not. Any such undertaking would not be enforceable under any UK law.

Gripper, if she wishes to remain in the UK then she can apply for ILR as the victim of domestic violence. She will need to provide evidence such as police reports. See Victims of domestic violence, Completing application form SET(DV) and SET(DV) Guidance Notes.

If she wishes to return to Thailand, then I'm afraid it's up to her to find the money for her airfare. Unless the Thai embassy can help her.

Thanks for that we did not know about that but she just wants to get back to her family and who can blame her so we will wait and see if she can get any help, and if not she can stay with us until she can earn the money in her job as now she can keep the money instead of having to give it all to her husband. So one way or the other it should not be too long till she is back home but one thing she is worried about is how she can get a divorce if he does not want to play ball which will probably be the case as they were married in thailand and i think that both parties have to agree.

Gripper

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[Mercury]

... but one thing she is worried about is how she can get a divorce if he does not want to play ball which will probably be the case as they were married in thailand and i think that both parties have to agree.

Gripper

.

I would have thought that if she was afraid and being beaten up then her thoughts would be on that, rather than worrying about divorce, which would only be an issue if she intended to marry someone else ?

[stament]

... but one thing she is worried about is how she can get a divorce if he does not want to play ball which will probably be the case as they were married in thailand and i think that both parties have to agree.

Gripper

.

I would have thought that if she was afraid and being beaten up then her thoughts would be on that, rather than worrying about divorce, which would only be an issue if she intended to marry someone else ?

Can you lend her the money? Does she have access to a credit card?

Edited June 26, 2010 by stament

[Archimedes]

So one way or the other it should not be too long till she is back home but one thing she is worried about is how she can get a divorce if he does not want to play ball which will probably be the case as they were married in thailand and i think that both parties have to agree.

To do it quick and easy both have to agree.

But there are a lot of provisions which allows just 1 part to instigate and get a divorce too, so just have her contact a lawyer about the process when she gets back to Thailand.

[theoldgit]

Whilst a divorce in Thailand is easy and very cheap it can only be done if both parties are actually in Thailand and agree to the process.

A divorce in the UK can be a long and drawn out process especially if one of the parties contests the action or simply will not play ball, and if lawyers are involved then it becomes an expensive process and I suspect your wife's friend will not have that sort of money. She might want to try the Citizens Advice Bureau.

[Boo]

I was lead to believe that if one party wasn't willing to give consent to divorce the other party just needed to registers themselves as separated at amphur or thai court ( cant recall which) & after 3 years the court could then grant a divorce.

[MikeyIdea]

There should be very little funding needed to file a complaint, this has been going on for some time, happened several times for sure, but I bet that she has not done that. It is time to start doing it because nothing will change if she does not do it. And she has nothing to come with if she does not. Formally being an abused woman is much better than being a silent beaten woman. 7by7 provide very good links, explore them.

The embassy will be of little or no help

Divorce - Why? From the abused perspective, she can do the divorce in Thailand when she comes back here, the British divorce as well as the Thai one. Yepp, from HER perspective, she can anull the British divorce in a Thai family court in Thailand but the British guy who beat her would still be married in Britain. She needs to have formal evidence of the marriage, original marriage certificate or similar

Edited June 28, 2010 by MikeyIdea

[7by7]

As they married in Thailand, then a divorce in Thailand will be recognised in the UK.

However, a divorce at the Thai embassy in London, whilst recognised in Thailand, will not be recognised in the UK, as UK law states that the only place a couple can divorce in the UK is through the courts.

[phomthai]

Whilst a divorce in Thailand is easy and very cheap it can only be done if both parties are actually in Thailand and agree to the process.

A divorce in the UK can be a long and drawn out process especially if one of the parties contests the action or simply will not play ball, and if lawyers are involved then it becomes an expensive process and I suspect your wife's friend will not have that sort of money. She might want to try the Citizens Advice Bureau.

I am totally against domestic violence & think that this man should be made to pay big time! So would strongly recommend your friend goes to Citizens Advice Bureau.

He's probably a bully & a coward who's banking on the wife simply running back to Thai with no recourse to his money

Try to get your friend to take the long term view. Does the husband have property/assets in UK? If yes then she should seriously consider taking him to the cleaners, CAB will help with solicitor who may defer fees until after divorce finalised especially if good evidence (police reports etc) & take fees out of the settlement. Then your friend will be able to return to Thai with some funds to start a new life. May cost £50 for initial solicitor consulation but this would be £50 well spent IMO

Good luck to her, hope it works out ok

[7by7]

Two off topic posts deleted.

If members have issues to discuss with each other, please do so by PM and not hijack someone's topic.

[Nignoy]

Whilst a divorce in Thailand is easy and very cheap it can only be done if both parties are actually in Thailand and agree to the process.

A divorce in the UK can be a long and drawn out process especially if one of the parties contests the action or simply will not play ball, and if lawyers are involved then it becomes an expensive process and I suspect your wife's friend will not have that sort of money. She might want to try the Citizens Advice Bureau.

I am totally against domestic violence & think that this man should be made to pay big time! So would strongly recommend your friend goes to Citizens Advice Bureau.

He's probably a bully & a coward who's banking on the wife simply running back to Thai with no recourse to his money

Try to get your friend to take the long term view. Does the husband have property/assets in UK? If yes then she should seriously consider taking him to the cleaners, CAB will help with solicitor who may defer fees until after divorce finalised especially if good evidence (police reports etc) & take fees out of the settlement. Then your friend will be able to return to Thai with some funds to start a new life. May cost £50 for initial solicitor consulation but this would be £50 well spent IMO

Good luck to her, hope it works out ok

while all abuse should be abhorred, and maybe this ladies claims are genuine, many people have been taken in by false claims, and the husbands life has been turned to ratshit, when miraculously the poor little abused mia turns up later with either a boyfriend or a thai husband, tread carefully peopledont get taken in!! been there done That!!

[geriatrickid]

First stop is here; http://refuge.org.uk/

The site provides advice on what to do. More importantly there are dozens of links providing websites, and phone numbers with a special section dedicated to ethnic groups.

Call the 24-hour National Domestic Violence Freephone Helpline 0808 2000 247

The police, social services and other agencies can also put you in touch with the right social services group.. Or call the refuge team direct on 01332 200027 or after 5pm on 0772 524 5383.

This is a serious situation and there many people ready and able to help this person. All it needs is one phone call.

Edited July 3, 2010 by geriatrickid