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Man In Uk Wants Divorce From Thai Girl Who Left Him


scorpio

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here,s the story, the guy was married to thai lady, got her over to uk on EEA family permit visa, everything was going well and she stayed with him for approx 3 months. they were married a total of about 7 months ( im told) anyway he lost his job 3 months into having her back in uk, when she found out about this she returned to thailand. enough said !! that was approx 2.5 years ago. she sent him a text to say she was going back to pattaya to work bar blah blah blah. he hasnt heard a word from her since and he doesnt even have an address for her, she is from isaan. he still has the text etc that she is goin g back to work bar etc. he now wants to put this episode completely behind him and get her to the back of his mind. he wants a divorce. what way does this work ? he is unemployed btw. how long does it take usually in a case like this , i suspect lawyers in uk come across cases like this fairly often rolleyes.gif

can anyone give the guy any advice. he is not a member of this forum, i will relay all info. THANKS

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With no money to hire a lawyer, in the UK or in Thailand, the guy's going to have problems.

At least in Thailand it looks like soon he could get a Thai divorce based on "abandonment," but that would need to be run through the Thai court system. Note, it's not all that complicated, but it does take a Thai lawyer to handle it, and perhaps $500-$1,000, I'm guessing.

Below is a cut from a web site here, and, no, I'm not advertising or recommending the law firm cited, it just seems to me that the writeup is pretty good.

Mac

http://www.thailand-lawyer.com/divorce.html

See Our New Address and Contact Details:

Chaninat & Leeds

Suite 10/154, Trendy Office Building

18th Floor, Sukhumvit Road Soi 13

Klongtoey Nua, Vadhana

Bangkok, Thailand 10110

Tel : (662) 168 7001 (-3)

Fax: (662) 168 7004

E-mail: [email protected]

Thailand Divorce

Our Thailand divorce lawyers assist in all aspects of obtaining an internationally recognized Thailand divorce.

General Considerations for Divorce in Thailand

While arranging a marriage in Thailand is a relatively straightforward process, procuring a divorce can be slightly more complicated. There are a variety of factors that come into play when assessing whether or not it is possible to receive a legalized divorce in Thailand. Generally speaking, if you or your spouse is currently residing in Thailand you can file for divorce in Thailand. If the divorce is mutually requested, the divorce proceedings are relatively simple. If one of the parties is unwilling or unable to participate in divorce proceedings, the legal process can be more complicated. Due to the variety of factors that can be involved it is usually necessary to enlist the services of a legal professional to guide you through this process. We are familiar with many of the individual variances that arise in complicated divorce proceedings and our divorce attorneys provide personalized service to meet your unique needs.

How do I get a Thailand divorce if both my spouse and I consent to the divorce?

If you previously registered your marriage at a local district office (Khet or Amphur) you may register for an administrative Thailand divorce. Performing an administrative divorce at the local district office requires that you and your spouse do not have disagreements over child custody or property ("an uncontested divorce"). If there are assets to be divided or issues regarding custody of children it is advisable to have a lawyer present in this type of administrative divorce. It is generally a good idea to draw up a divorce agreement in advance.

When registering the divorce, officials may ask you questions about your future plans, financial situation, and children (if any) and then ask you to fill out forms detailing the terms of divorce and other matters. The divorce must be certified by two witnesses.

If the divorce is contested, however, then the parties should proceed through the court system. In order file a court action for divorce either the Plaintiff or Defendant (or both) must be a resident of Thailand.

What if my spouse does not consent to a divorce?

If your wife or husband will not agree to a divorce then you need to file with the courts for a divorce "for cause". In order to proceed with a divorce in this instance you will need to assert grounds for divorce and you must make a personal appearance in court. In Thailand grounds for divorce generally include:

* A 3 year period of separation

* One spouse has deserted the other for over one year

* The husband has taken another woman as his wife

* The wife has committed adultery

* One spouse is guilty of misconduct (criminal or otherwise)

* One spouse has been imprisoned for more than one year

* One spouse has physically or mentally harmed the other

* Lack of marital support

* One spouse has had incurable insanity for at least 3 years

* One spouse has broken the bond of good behavior

* One spouse has an incurable communicable disease

* One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

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.

How is property and outstanding debts divided in the event of divorce?

Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are generally considered community property with both spouses having an ownership right. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.

Debts incurred during the marriage, whether they are household, medical, or educational, are in general the responsibility of both parties.

What if I have a prenuptial agreement?

Prenuptial agreements are allowed in Thailand provided they meet the procedural requirements of Thai law. A properly executed prenuptial agreement is generally considered a valid legal agreement in other various jurisdictions. In order for a prenuptial agreement to be valid in regard to a marriage registered in Thailand it had to have been signed by both parties, as well as two witnesses, and must have been previously submitted to the local district office.

Related Topics: Thailand Prenuptial Agreement, Marriage in Thailand, Thailand Investigators

(Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.

Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.)

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Where were they married? Thailand or UK? if in UK he could apply for a divorce based on desertion after two years , in addition I would recommend he visit his local Citizens Advice Bureau (CAB)

On the other hand if they were married in Thailand then that is covered in the post above.

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they were married in thailand , the whole marriage lasted around 7-9 months from what i gather, the guy is skint now in the uk and cannot afford to fly to thailand . he is with another english girl and wants this ( stone in his shoe ) removed from his life once and for all so he can move on.

he is unemployed and on his ar*e

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Hmmm, how "legal"" was the Thai marriage, recorded etc? Did she not have to produce her ID card and does your friend have a copy of the marriage documents, my only thought if he has the documentation would be to approach the Thai embassy in London and enlist their help in tracing her and either )1 getting her to divorce him or 2) get the marriage annuled on the basis she left after less than one year but not sure if that is viable but would be worth a visit to the embassy to check out his options.

My other thought is if the marriage was not recorded at the British Embassy then it may not be recognised in UK therefore he is free to move forward with his life.

Edited by JohnC
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Just tell your friend to change his telephone number, and just forget her. And learn from mistakes. :)

Exactly as easy as that. Unless of course he wants to maybe make the same mistake gain. Also as JohnC said how legal is the marriage? If they didn't sign any documents. He might well find out that they are not legally married.

jb1

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Perhaps he could take solace in the fact that she didn't also screw him out of whatever he managed to keep, which is a sad fact of life for many men with terminated marriages, and that there are no children.

In my experience, whether he gets a divorce or not, he will not in fact be able to "move on" with his life for some time, but it will remain as a black cloud in his life. After my relationship self destructed, it took 10 years to even begin to "move on", and still remains as a constant black hole in my psych. That may just be me though, and perhaps others can shrug off the loss of what was at one time the "best thing that ever happened to them" as though it was just a casual fling!

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I suspect that this story is not strictly fact.

Here are the conditions for an EEA family permit visa for non-EEC citizens:

· The EU citizen intends to exercise their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc)

· The couple must be legally married to each other / in a civil partnership with each other

· They must have met each other

· They must intend to live together

· The couple must be travelling to the UK together or the EU citizen should already be in the UK.

Conditions of the Permit:

An EEA Family Permit would in this instance usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected that their non EEC spouse/partner applies for a Five Year Family Permit.

---------------------------------------------------------------------------------

If this guy became unemployed, perhaps on benefits, or without suitable accommodation and not able to support his Thai wife and she was not able or willing to support herself, then once the 6 month period has lapsed, she would not have met the requirements to apply for a Five Year Family Permit or permanent visa on the grounds of marriage.

UK law states that after a 2 year period of separation, and there are no children or property involved, then a divorce is almost an automatic procedure.

If the guy can prove that his Thai wife has left more than 2 years ago, he can apply for a divorce on the grounds of desertion. It is possible to download the court forms and apply directly to the court himself without the services of a lawyer, but if the couple were married in Thailand, he may be required to have his Thai marriage certificate certified by a lawyer or at the Thai Embassy?

Sorry to say; but this guy appears to be some sort of loser and I have no doubts that his Thai wife would have not been able to remain in the UK under these circumstances, anyway.

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Hmmm, how "legal" was the Thai marriage, recorded etc?

As the wife got an EEA permit on the basis of it, it will have been valid in the UK, subject to the usual restrictions relating to incapacity to marry, such as pre-existing marriages.

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Why are questions like this always about "a fried" did this or that? :rolleyes:

I suspect because someone has been "fried" ,

Either that or someone has egg on their face...

I DO NOT HAVE EGG ON MY FACE ! as ive said before if you take time to read the post, he is not on this forum !!! i am trying to help him out that is all. his marrige was obviously registered with the uk embassy as he submitted his EEA visa application into vfs office on wireless rd bangkok, then wife had to go to interview at embassy, then from there the guy from vfs office took him and wife to local amphur in a taxi and witnessed the weddding. so it must be registered ? i am also married to a thai lady under EEA visa so i know what he must have done at the time and i suspect he was brought to the same amphur in bkk as me and my wife , maybe the very same amphur they bring everyone to nearest vfs building ? he wants to move on and hopefully marry again sometime in his life, he has a new girlfriend so for all the guys to say "just move on and forget about it is total b/s .

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I suspect that this story is not strictly fact.

Here are the conditions for an EEA family permit visa for non-EEC citizens:

· The EU citizen intends to exercise their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc)

· The couple must be legally married to each other / in a civil partnership with each other

· They must have met each other

· They must intend to live together

· The couple must be travelling to the UK together or the EU citizen should already be in the UK.

Conditions of the Permit:

An EEA Family Permit would in this instance usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected that their non EEC spouse/partner applies for a Five Year Family Permit.

---------------------------------------------------------------------------------

If this guy became unemployed, perhaps on benefits, or without suitable accommodation and not able to support his Thai wife and she was not able or willing to support herself, then once the 6 month period has lapsed, she would not have met the requirements to apply for a Five Year Family Permit or permanent visa on the grounds of marriage.

UK law states that after a 2 year period of separation, and there are no children or property involved, then a divorce is almost an automatic procedure.

If the guy can prove that his Thai wife has left more than 2 years ago, he can apply for a divorce on the grounds of desertion. It is possible to download the court forms and apply directly to the court himself without the services of a lawyer, but if the couple were married in Thailand, he may be required to have his Thai marriage certificate certified by a lawyer or at the Thai Embassy?

Sorry to say; but this guy appears to be some sort of loser and I have no doubts that his Thai wife would have not been able to remain in the UK under these circumstances, anyway.

<deleted> " this guy must have been some sort of loser " ? he went through 7 years of uni to train in mental health dept, he had a conviction 22 years ago on his record when he was only a youngster, 3 years ago the uk government introduced a new GBR check and this brought his only one previous conviction up. i shouldnt have to go into the guys life story on an open forum but at the end of the day he remains anonymous, but some of your comments and negativity are really fkn beyond me bah.gif if this guy is a loser then there must be millions before him who have married the wrong girl, thai or farang it doesnt really matter does it rolleyes.gif

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they were married in thailand , the whole marriage lasted around 7-9 months from what i gather, the guy is skint now in the uk and cannot afford to fly to thailand . he is with another english girl and wants this ( stone in his shoe ) removed from his life once and for all so he can move on.

he is unemployed and on his ar*e

I just love UK lingo rolleyes.gif

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Hmmm, how "legal" was the Thai marriage, recorded etc?

As the wife got an EEA permit on the basis of it, it will have been valid in the UK, subject to the usual restrictions relating to incapacity to marry, such as pre-existing marriages.

It certainly would have been 'valid' in the UK, but was it 'registered' in the UK, which is different all together.

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I suspect that this story is not strictly fact.

Here are the conditions for an EEA family permit visa for non-EEC citizens:

· The EU citizen intends to exercise their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc)

· The couple must be legally married to each other / in a civil partnership with each other

· They must have met each other

· They must intend to live together

· The couple must be travelling to the UK together or the EU citizen should already be in the UK.

Conditions of the Permit:

An EEA Family Permit would in this instance usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected that their non EEC spouse/partner applies for a Five Year Family Permit.

---------------------------------------------------------------------------------

If this guy became unemployed, perhaps on benefits, or without suitable accommodation and not able to support his Thai wife and she was not able or willing to support herself, then once the 6 month period has lapsed, she would not have met the requirements to apply for a Five Year Family Permit or permanent visa on the grounds of marriage.

UK law states that after a 2 year period of separation, and there are no children or property involved, then a divorce is almost an automatic procedure.

If the guy can prove that his Thai wife has left more than 2 years ago, he can apply for a divorce on the grounds of desertion. It is possible to download the court forms and apply directly to the court himself without the services of a lawyer, but if the couple were married in Thailand, he may be required to have his Thai marriage certificate certified by a lawyer or at the Thai Embassy?

Sorry to say; but this guy appears to be some sort of loser and I have no doubts that his Thai wife would have not been able to remain in the UK under these circumstances, anyway.

<deleted> " this guy must have been some sort of loser " ? he went through 7 years of uni to train in mental health dept, he had a conviction 22 years ago on his record when he was only a youngster, 3 years ago the uk government introduced a new GBR check and this brought his only one previous conviction up. i shouldnt have to go into the guys life story on an open forum but at the end of the day he remains anonymous, but some of your comments and negativity are really fkn beyond me bah.gif if this guy is a loser then there must be millions before him who have married the wrong girl, thai or farang it doesnt really matter does it rolleyes.gif

Now we are into criminal records. I stand by my previous comments..

Already explained what the guy can do under the 2 year seperation rule, so what else do you wish to hear?

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I suspect that this story is not strictly fact.

Here are the conditions for an EEA family permit visa for non-EEC citizens:

· The EU citizen intends to exercise their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc)

· The couple must be legally married to each other / in a civil partnership with each other

· They must have met each other

· They must intend to live together

· The couple must be travelling to the UK together or the EU citizen should already be in the UK.

Conditions of the Permit:

An EEA Family Permit would in this instance usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected that their non EEC spouse/partner applies for a Five Year Family Permit.

---------------------------------------------------------------------------------

If this guy became unemployed, perhaps on benefits, or without suitable accommodation and not able to support his Thai wife and she was not able or willing to support herself, then once the 6 month period has lapsed, she would not have met the requirements to apply for a Five Year Family Permit or permanent visa on the grounds of marriage.

UK law states that after a 2 year period of separation, and there are no children or property involved, then a divorce is almost an automatic procedure.

If the guy can prove that his Thai wife has left more than 2 years ago, he can apply for a divorce on the grounds of desertion. It is possible to download the court forms and apply directly to the court himself without the services of a lawyer, but if the couple were married in Thailand, he may be required to have his Thai marriage certificate certified by a lawyer or at the Thai Embassy?

Sorry to say; but this guy appears to be some sort of loser and I have no doubts that his Thai wife would have not been able to remain in the UK under these circumstances, anyway.

<deleted> " this guy must have been some sort of loser " ? he went through 7 years of uni to train in mental health dept, he had a conviction 22 years ago on his record when he was only a youngster, 3 years ago the uk government introduced a new GBR check and this brought his only one previous conviction up. i shouldnt have to go into the guys life story on an open forum but at the end of the day he remains anonymous, but some of your comments and negativity are really fkn beyond me bah.gif if this guy is a loser then there must be millions before him who have married the wrong girl, thai or farang it doesnt really matter does it rolleyes.gif

Now we are into criminal records. I stand by my previous comments..

Already explained what the guy can do under the 2 year seperation rule, so what else do you wish to hear?

nothing from you , your a winner right ? rolleyes.gif perfect life, perfect wife/partner? home , job, car, kids, SUCH A GUY biggrin.gif

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I suspect that this story is not strictly fact.

Here are the conditions for an EEA family permit visa for non-EEC citizens:

· The EU citizen intends to exercise their Treaty rights in the UK (employment, self-employment, study, self-sufficient, etc)

· The couple must be legally married to each other / in a civil partnership with each other

· They must have met each other

· They must intend to live together

· The couple must be travelling to the UK together or the EU citizen should already be in the UK.

Conditions of the Permit:

An EEA Family Permit would in this instance usually be issued for 6 months and allows unrestricted employment in the UK for the duration. In the course of those 6 months it is expected that their non EEC spouse/partner applies for a Five Year Family Permit.

---------------------------------------------------------------------------------

If this guy became unemployed, perhaps on benefits, or without suitable accommodation and not able to support his Thai wife and she was not able or willing to support herself, then once the 6 month period has lapsed, she would not have met the requirements to apply for a Five Year Family Permit or permanent visa on the grounds of marriage.

UK law states that after a 2 year period of separation, and there are no children or property involved, then a divorce is almost an automatic procedure.

If the guy can prove that his Thai wife has left more than 2 years ago, he can apply for a divorce on the grounds of desertion. It is possible to download the court forms and apply directly to the court himself without the services of a lawyer, but if the couple were married in Thailand, he may be required to have his Thai marriage certificate certified by a lawyer or at the Thai Embassy?

Sorry to say; but this guy appears to be some sort of loser and I have no doubts that his Thai wife would have not been able to remain in the UK under these circumstances, anyway.

<deleted> " this guy must have been some sort of loser " ? he went through 7 years of uni to train in mental health dept, he had a conviction 22 years ago on his record when he was only a youngster, 3 years ago the uk government introduced a new GBR check and this brought his only one previous conviction up. i shouldnt have to go into the guys life story on an open forum but at the end of the day he remains anonymous, but some of your comments and negativity are really fkn beyond me bah.gif if this guy is a loser then there must be millions before him who have married the wrong girl, thai or farang it doesnt really matter does it rolleyes.gif

Now we are into criminal records. I stand by my previous comments..

Already explained what the guy can do under the 2 year seperation rule, so what else do you wish to hear?

nothing from you , your a winner right ? rolleyes.gif perfect life, perfect wife/partner? home , job, car, kids, SUCH A GUY biggrin.gif

EDIT: Following my own advice...

SC

Edited by StreetCowboy
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The ones who make it sound as if he can just go into a court after two years are talking rubish. He has to prove to the court the papers have been personally served. If unable to this must apply to the court and appear for permission for alternative service. If this is given...and it may not be unless he can prove a determined search for his wife..he must advertise in the local press in Thailand, provide proof of this and get it accepted by the court and then can apply for a divorce.

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Why are questions like this always about "a fried" did this or that? :rolleyes:

I suspect because someone has been "fried" ,

Either that or someone has egg on their face...

I DO NOT HAVE EGG ON MY FACE ! as ive said before if you take time to read the post, he is not on this forum !!! i am trying to help him out that is all. his marrige was obviously registered with the uk embassy as he submitted his EEA visa application into vfs office on wireless rd bangkok, then wife had to go to interview at embassy, then from there the guy from vfs office took him and wife to local amphur in a taxi and witnessed the weddding. so it must be registered ? i am also married to a thai lady under EEA visa so i know what he must have done at the time and i suspect he was brought to the same amphur in bkk as me and my wife , maybe the very same amphur they bring everyone to nearest vfs building ? he wants to move on and hopefully marry again sometime in his life, he has a new girlfriend so for all the guys to say "just move on and forget about it is total b/s .

He has a new girl friend, so it would seem that he has moved on?

I am sure that in the UK you can get a 15min appointment with a solicitor for something like £15.00. Worth a try. Other than that once again as JohnC said Citizens Advice. If he wants to maybe get married again sometime in the future. He has to get himself into gear. People have given enough advice so far to get him moving in the right direction.

jb1

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The Citizens Advice Bureau are a fantastic resource.

They have lawyers and caseworkers who will sort you out with advice, forms and notary services all for free, and if your local office doesn't have the expertise or knowledge they can ask for input from any of the other offices nationwide.

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Your friend can apply for a divorce in England. If he is a UK national and a UK resident, it doesn't matter that he was married in Thailand so long as one of the couple is living in the UK (it also does not matter whether or not the marriage was registered with the British Embassy).

So, no need to travel to Thailand.

One of the grounds for a divorce in the UK is 'desertion'.

USEFUL LINK

Lots of information online. Try Googling "can I divorce in the uk if I married abroad" for more info. But, bear in mind that a lot of the results will be from law firms after your business.

All the paperwork is fairly simple and can be obtained from his local County Court (or Civil Court).

I believe that, once the divorce is granted by the UK court, it is necessary (or maybe just advisable) to register the divorce with the Thai Amphur. Presumably this can be done through the Thai Embassy in the UK.

The very best advice given in this thread is to make use of the Citizens Advice Bureau. They will give advice (obviously) and will even help fill in the forms - all free of charge if your friend is not well off.

I hope it all works out well for him.

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The ones who make it sound as if he can just go into a court after two years are talking rubish. He has to prove to the court the papers have been personally served. If unable to this must apply to the court and appear for permission for alternative service. If this is given...and it may not be unless he can prove a determined search for his wife..he must advertise in the local press in Thailand, provide proof of this and get it accepted by the court and then can apply for a divorce.

Exactly.

Whatever the guy does and whatever route he decides to take, he should be doing something.

The hard luck stories mentioned by the OP are totally irrelavant.

As I said; what else does the OP, wish to hear?

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The Citizens Advice Bureau are a fantastic resource.

They have lawyers and caseworkers who will sort you out with advice, forms and notary services all for free, and if your local office doesn't have the expertise or knowledge they can ask for input from any of the other offices nationwide.

Didn't do much for me in my hour of need :unsure:.In fact, sod all.

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Your friend can apply for a divorce in England. If he is a UK national and a UK resident, it doesn't matter that he was married in Thailand so long as one of the couple is living in the UK (it also does not matter whether or not the marriage was registered with the British Embassy).

So, no need to travel to Thailand.

One of the grounds for a divorce in the UK is 'desertion'.

USEFUL LINK

Lots of information online. Try Googling "can I divorce in the uk if I married abroad" for more info. But, bear in mind that a lot of the results will be from law firms after your business.

All the paperwork is fairly simple and can be obtained from his local County Court (or Civil Court).

I believe that, once the divorce is granted by the UK court, it is necessary (or maybe just advisable) to register the divorce with the Thai Amphur. Presumably this can be done through the Thai Embassy in the UK.

The very best advice given in this thread is to make use of the Citizens Advice Bureau. They will give advice (obviously) and will even help fill in the forms - all free of charge if your friend is not well off.

I hope it all works out well for him.

BEST ADVICE SO FAR , THANKYOU wink.gif good to see a man who genuinely wants to help another person in need , anyway chickenlegs you must be like me i tend to put people before myself and try to solve all theyre problems before my own.

CHEERS cool.gif

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The Citizens Advice Bureau are a fantastic resource.

They have lawyers and caseworkers who will sort you out with advice, forms and notary services all for free, and if your local office doesn't have the expertise or knowledge they can ask for input from any of the other offices nationwide.

Didn't do much for me in my hour of need :unsure:.In fact, sod all.

couldnt agree with you more transam, they are usless !! i had a problem before with my wifes visa and they ( c.a.b ) told me they could not advise her as they "werent insured to give advice to her " ? whistling.gif

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