Thai Marriage Uk Divorce?

[Rob5060]

Not sure if I am right in my thinking, hope you guys can help.

If I am married in Thailand , registered etc and settle in the UK and want a divorce does that divorce have to be Thai or can a UK Court perform the legalities

Cheers

[GuestHouse]

The divorce can be in either Thailand or the UK.

However, the British Courts have the power to pass judgement on issues relating to the divorce where they are under jurisdiction of the British Court.

For example, a cheapy divorce in Thailand (payment and signatures at the Amphur) would not circumvent the UK laws governing distribution of wealth after divorce. The British court can make a ruling in addition to the divorce over in Thailand.

[GU22]

From Divorce and the Consequences of Divorce - a Beginner's Guide to the Law on Thailand-UK.

......you should consider what is written below as a general guide to the law – what it is not intended to be is a substitute for seeking formal legal advice.......when it comes to divorce every single case is different (no matter how similar the circumstances appear to be) and each party to a divorce is strongly advised to seek independent legal advice from a specialist family law solicitor.

Nothing that is written below should be taken or construed as advice or any endorsement as to any particular course of action; it should be considered only as a very brief commentary on the many complicated legal issues regularly raised by members of the forum. I am not for one minute recommending (or even suggesting) that you rely on anything contained in the thread or that a member should follow any particular course of action. Only you, after taking specific legal advice from your own specialist family law solicitor, can decide which course of action to follow (or not) in your own unique set of circumstances.

When and Where Can I Divorce?

In the UK

Divorce proceedings (or proceedings for the dissolution of a Civil Partnership) cannot be commenced in the UK until the marriage (or the Civil Partnership) has subsisted for at least 12 months. Any proceedings issued in the UK within 12 months of the date of the marriage (or registration of the Civil Partnership) will be struck out and will have no affect. Only a court can grant a divorce or dissolve a Civil Partnership.

Divorce proceedings may be commenced in England and Wales (notwithstanding the fact that the parties may have married in Thailand) provided that one party to the proceedings is domiciled in England or Wales when the proceedings are begun or was "habitually resident" in England and Wales throughout the period of one year ending on the date on which proceedings are begun. Either party may commence the proceedings.

In Thailand

According to Chapter VI of the The Civil and Commercial Code of Thailand, A divorce may be obtained at any time by mutual consent. This is done by both the husband and wife attending together at an Amphur to register their divorce. This is commonly referred to as an ‘administrative divorce’ or a ‘divorce by consent’. The registration of this type of divorce appears to operate in a very similar manner as the registration of the marriage itself. This kind of divorce is recognised by the UK.

CAUTION: It should be noted that an ‘administrative divorce’ carried out at the Thai Embassy (or consulate) in the UK will not be a valid divorce as far as UK law is concerned – although the divorce will be recognised under Thai law.

An ‘administrative divorce’, is only available if (Chapter VI of the Code):

the marriage itself took place in Thailand;

both the husband and wife ‘consent’ to the divorce by mutual consent;

agreement has been reached as to who shall exercise ‘parental power’ over any children;

agreement has been reached on the ancillary matters (including the level of maintenance payable for any children and the distribution of the matrimonial assets);

both the husband and wife attend ‘together’ at the Amphur to register the divorce; and

the divorce is certified by the signatures “of at least 2 witnesses”.

If any of these factors are missing, then divorce proceedings will have to be commenced through the Thai (or British) courts. Divorce proceedings may only be commenced through the court in Thailand if one party to the marriage is resident in Thailand at the time the divorce petition is presented to the court. Subject to the residency requirement, a divorce through the Thai court is possible even if the parties were married in the UK.

PLEASE NOTE: The information on Thai Law has been gleaned from my own personal research on the subject and is gathered from several sources. As I do not read or understand Thai, I have relied on published English translations of The Civil and Commercial Code which may or may not be accurate in translation. For confirmation/clarification of Thai divorce law and procedure please consult a suitably qualified Thai lawyer

Hope this helps.

The full article is in a "members only" section, so you will need to register to read it all.

[GuestHouse]

provided that one party to the proceedings is domiciled in England or Wales when the proceedings are begun or was "habitually resident" in England and Wales throughout the period of one year ending on the date on which proceedings are begun

This needs clarification. The fist ruling of the court is 'Does the Court have Jurisdiction?'

If any part of the marital wealth is held in the UK then the court has jurisdiciton. In practice even state pension rights as the spouse of UK citizen are sufficient grounds for the UK court to hold jurisitiction.

[Dragonman]

provided that one party to the proceedings is domiciled in England or Wales when the proceedings are begun or was "habitually resident" in England and Wales throughout the period of one year ending on the date on which proceedings are begun

This needs clarification. The fist ruling of the court is 'Does the Court have Jurisdiction?'

If any part of the marital wealth is held in the UK then the court has jurisdiciton. In practice even state pension rights as the spouse of UK citizen are sufficient grounds for the UK court to hold jurisitiction.

<{POST_SNAPBACK}>

The post made by GU22 is quite accurate. We are talking about 2 different issues, divorce and marital wealth. The UK would have jurisdiction on Civil matters relating to the assets, but would not have any jurisdiction regarding divorce if both parties are living in Thailand. A separate action would need to be filed in the British Court for a share of British based assets.

With regard to the OP. Yes you can get divorced in the UK, but this is more likely to favour your spouse. In fact many women's groups are forcibly advocating, thai spouses in US and UK do not return to Thailand as they will be "short changed".