Divorce Advice Needed

[mattymo]

Can anyone help?

My Thai friend wants to divorce from her English husband. They were originally married in Thailand. He lives in UK and she is back living in Thailand. She also has british passport as well as thai one. He also wants to divorce but cannot afford to come back to Thailand for the proceedings.

Is there anything she can do to get divorced without him having to be physically present in Thailand.

Many thanks for your help in advance...

[IanForbes]

I don't know about the UK but in Canada a divorce proceeding can go through without the parties being present together. The signed forms can be faxed between countries and the duties paid through lawyer representation. Yes, there ARE fees to get a proper divorce. Neither of my ex-wives were present when I got a divorce.

[mattymo]

Thanks...it isnt really to do with the UK laws but more to do with Thailand laws. Cheers for your reply.

I don't know about the UK but in Canada a divorce proceeding can go through without the parties being present together. The signed forms can be faxed between countries and the duties paid through lawyer representation. Yes, there ARE fees to get a proper divorce. Neither of my ex-wives were present when I got a divorce.

[gregb]

Hmmm...

Sounds to me like since the couple are living in separate countries, there is a nexus in both, and a divorce could be filed in either country. Since you say your Thai friend wants to divorce her English husband, I would guess that divorcing in England is out of the question.

For a Thai ampur divorce, both parties must be present. It can not be done through a proxy. If your friend's husband will not return to Thailand to complete the procedure, your friend will need to wait 3 years and then file for divorce in a Thai court on the basis of abandonment.

If your friend wants it quicker, I would suggest looking at the court system in the UK to try and find a way out. It might be more flexible than Thailand.

[atyclb]

What if either my spouse or I is living overseas?

If the divorce is uncontested both parties will need to appear at the Amphur office to register the divorce. If you are married and your spouse does not agree to a Thailand divorce then you will need to obtain a judgment from the Court. If you are living abroad, a lawyer can file a divorce claim on your behalf. However, you must appear in person when the divorce claim is heard by the court.

If your spouse is not present or will not return to Thailand to contest the divorce, you may still be able to proceed provided that he or she has been given adequate notice of the divorce action. Service must be applied through a Thai court if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstances. If your spouse does not respond to service from the court the divorce case may precede based on default.

http://www.siam-legal.com/legal_services/thailand-divorce.php

[Loz]

can't your friend just go abouther business "estranged" from her hubby. or she needing to marry again? And does hubby want to wreck her business?

oh, or is it a matter of honour?

[Mario2008]

Having him come to Thailand and get an uncontested divorce is the simplest and cheapest option. If no assets involved to split and no children no lawyer would be needed and it can be done in 20 minutes for free.

I think he will need to come himself, as he needs to sign the divorce register.

[mattymo]

Thankyou both for your advice....appreciated

What if either my spouse or I is living overseas?

If the divorce is uncontested both parties will need to appear at the Amphur office to register the divorce. If you are married and your spouse does not agree to a Thailand divorce then you will need to obtain a judgment from the Court. If you are living abroad, a lawyer can file a divorce claim on your behalf. However, you must appear in person when the divorce claim is heard by the court.

If your spouse is not present or will not return to Thailand to contest the divorce, you may still be able to proceed provided that he or she has been given adequate notice of the divorce action. Service must be applied through a Thai court if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstances. If your spouse does not respond to service from the court the divorce case may precede based on default.

http://www.siam-lega...and-divorce.php

[sarahsbloke]

I always find it best not to get involved in the marital affairs of my friends

...... unless you are aiming for a sympathy/grateful shag with the friend.

[mattymo]

What sort of comment is that when you have no idea of the reasons. I am asking for serious advice for a serious question.

Comments like that are not helpful

I always find it best not to get involved in the marital affairs of my friends

...... unless you are aiming for a sympathy/grateful shag with the friend.

[mrtoad]

I think though there is something about publication which has already been mentioned - how that works no idea. There are a number of companies around, but to save on expense it may be best to go to the amphur office first and see what they say needs to be done. As always Lawyers cost money.