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Posted

hi guys urgent advice needed,i was divorced in the thai embassy london in 2007 and thought that was all finished.but have just found out its not recognized in the uk as at the moment my fiancee is over here on a marriage visa and we found this out when we went to pre register the wedding,at the moment she only has 3months left on her visa so any advice would be helpful been to see a lawyer who said a uk divorce would take 4 -6 months plus i dont know where my ex wife is many thanks

Posted

Since you already divorce under Thai law, you must now divorce under UK-law and can't do it in Thailand. You were in the UK, so are expected to divorce under UK law. That is why it is not recognised.

Best is to get the divorce proceedings started as soon as possible, which will take some time if you can't find your ex. Contact a Citisens Advise Bureau to get proper legal advise on what to do and in the mean time try to track your ex down.

Posted

You are not the first person I have heard of who has fallen into this trap; believing that as you married in Thailand you can divorce at the Thai embassy in London. Doing this means that your divorce will be recognised under Thai law, but not UK law. UK law states that the only way you can legally divorce in the UK is through the UK courts; regardless of whether you actually married in the UK or abroad.

I cannot understand why officials at the Thai embassy don't know this and warn couples seeking a divorce there.

No consolation to you now, but had you divorced at an ampur in Thailand, or in a Thai court, this would have been recognised by the UK.

I'm afraid that if you will not be free to marry in the UK until your decree absolute comes through, and this is unlikely to happen in the time frame you have left as you don't know the whereabouts of your wife. If you haven't married and your fiance applied for FLR by the time her fiance visa expires then she will have no option other than to return to Thailand and apply again once you are free to marry.

Were you to marry her in Thailand before obtaining your UK divorce this marriage would be considered bigamous under UK law and so she would not get a UK spouse visa on the strength of it.

Posted

thanks for the replys and advice i have taken legal advice and am applying for declaration of marital status under section 55 of the family law act .still cant believe the ukba passed the visa request so obviously they are not aware of this situation aswell.will post on here as i get more info so hopefully can help others .Cheers

Posted

It's states right on the Royal Thai Embassy in London website under "Marriage / Divorce:

หมายเหตุ: การจดทะเบียนสมรส/หย่าที่สถานเอกอัครราชทูตฯ มีผลสมบูรณ์ตามกฎหมายไทย แต่

กฎหมายสหราชอาณาจักรฯ เห็นว่าสถานเอกอัครราชทูตฯ ไม่สามารถทำหน้าที่สำนักทะเบียนได้

จึงอาจไม่มีผลสมบูรณ์ตามกฎหมายสหราชอาณาจักรฯ หากต้องการให้การสมรสหรือหย่ามีผลตาม

กฎหมายสหราชอาณาจักรฯ ควรติดต่อขอจดทะเบียนต่อสำนักทะเบียนท้องถิ่นของสหราชอาณาจักรฯ

หรือที่ว่าการเขต/อำเภอในประเทศไทย

Posted

Above translates in google translate to:

Note: The marriage / divorce at the Embassy. Valid under Thai law, however.

Britain's laws. That the Embassy. Office of the Registrar can not do it.

It may not be valid under the laws of the United Kingdom. To make a marriage or divorce ensue.

Britain's laws. Applicant should contact the local registrar of the United Kingdom's Department.

Or that the county / district in the country.

Too bad they only issue the warning in Thai.

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