DavidMavec Posted February 1, 2012 Share Posted February 1, 2012 Hello... I am wondering if anyone had info on the following that they could share. A Thai woman is married to a British man, having gone through marriage proceedings in Thailand. She wants a divorce from the British man, but he is in the UK and will likely not return to Thailand for at least a few years. Could anyone tell me how she would proceed with the divorce now given the fact that he is not in Thailand? Thanks for any tips. Link to comment Share on other sites More sharing options...
marstons Posted February 1, 2012 Share Posted February 1, 2012 if Spouse has deserted the other for more than 1 year, the latter can file for divorce. how you would go about well maybe a solicitor could advice. section 1516 Thai divorce law, googled the question. Link to comment Share on other sites More sharing options...
DavidMavec Posted February 1, 2012 Author Share Posted February 1, 2012 if Spouse has deserted the other for more than 1 year, the latter can file for divorce. how you would go about well maybe a solicitor could advice. section 1516 Thai divorce law, googled the question. I will look at that information, thanks, but aren't people free to divorce when they choose in Thailand? Link to comment Share on other sites More sharing options...
7by7 Posted February 1, 2012 Share Posted February 1, 2012 A Thai divorce can just be a simple matter of both husband and wife attending an ampur and signing some documents; Notice I say both. If her husband is not willing to do this then she will have to divorce him through the Thai courts. Although she may be able to divorce him at an ampur without his presence after a minimum period of separation, I don't know. See this link from the pinned family law topic. As Marstons says, she should talk to a Thai divorce lawyer. Link to comment Share on other sites More sharing options...
Mario2008 Posted February 2, 2012 Share Posted February 2, 2012 Only a divorce with mutual agreement can be done at an amphur. This is a case that will have to go through court, as the other psouse is not present to give consent tot he divorce. Ground for the divorce would be abondonment. Best is to try and persuade the husband to come to Thailand and divorce, this would be the quickest and cheapest solution. Link to comment Share on other sites More sharing options...
DavidMavec Posted February 3, 2012 Author Share Posted February 3, 2012 Only a divorce with mutual agreement can be done at an amphur. This is a case that will have to go through court, as the other psouse is not present to give consent tot he divorce. Ground for the divorce would be abondonment. Best is to try and persuade the husband to come to Thailand and divorce, this would be the quickest and cheapest solution. In this case the husband is not able/willing to come back to Thailand and divorce. In looking at the "grounds for divorce" under section 1516, I am wondering what evidence needs to be presented to divorce on the clause: One spouse has caused serious harm or torture physically or mentally the other, or has seriously insulted the other or his or her descendants (Section 1516 (3) CCCT) Is it a matter of witnesses making a statement to uphold the clause or is some sort of other evidence necessary? Thanks... Link to comment Share on other sites More sharing options...
Farma Posted February 3, 2012 Share Posted February 3, 2012 I know one Thai woman who divorced her husband on grounds of desertion. The husband left to work in Europe with no intention of returning to Thailand. Thai court divorces must be filed through a Thai lawyer. She filed on grounds of desertion. Attempts were made to contact the missing husband. A few months later the court issued a divorce. The OP needs to check the UK law on validity of foreign issued divorces. I seem to recall their may be some restrictions on where the person resides at time of divorce. Link to comment Share on other sites More sharing options...
Mario2008 Posted February 3, 2012 Share Posted February 3, 2012 That is a question for a lawyer, but might indeed require more evidence depending on how many witnesses there are or if there is a police report. Abondonment will be simpler if it is just aboout getting a divorce. Easier to proof and less likely to end in a batlle about the thruth wich could make the case last longer. Link to comment Share on other sites More sharing options...
bkk_mike Posted February 5, 2012 Share Posted February 5, 2012 She could always threaten to divorce him in the UK. The threat of alimony etc. involved in that would probably get him on the plane to Thailand. Link to comment Share on other sites More sharing options...
marstons Posted February 6, 2012 Share Posted February 6, 2012 She could always threaten to divorce him in the UK. The threat of alimony etc. involved in that would probably get him on the plane to Thailand. i did not want to divorce my ex, i wanted to be married to aid with Non O visa. My solicitor pointed out to me what you suggested which swung it back to me going to the Ampour office and signing. she had ILR for the UK so could have gone back to apply apparantly. how that would stand up here as in was it a Thai divorce would be another matter. If the lady concerned has visa to enter UK this could be a weapon as it was with me, if no ILR, would be difficult for her to do i would imagine. it would mean employing the services of a solicitor in the UK and locating husband and all done from Thailand. Link to comment Share on other sites More sharing options...
DavidMavec Posted February 7, 2012 Author Share Posted February 7, 2012 (edited) She could always threaten to divorce him in the UK. The threat of alimony etc. involved in that would probably get him on the plane to Thailand. Would a threat to divorce him in the UK be upheld in the UK? Would the threat of alimony be upheld? What I know is that when they were married in Thailand they went to the British embassy in Bangkok and had the document officially sealed there. With this document she was able to spend a time in the UK working and was granted a visa a few years ago; however, it was not an ILR visa but rather a two year spousal visa that is now expired as of mid-2011. Thanks for any additional thoughts. Edited February 7, 2012 by DavidMavec Link to comment Share on other sites More sharing options...
Mario2008 Posted February 7, 2012 Share Posted February 7, 2012 Since one of the spouses is residing in the UK, the British court will have jurisdiction if a pettion to divorce is filed. Yes, a British judge could award alimony, which she would not get under Thai law. He stands more to lose under British law than under Thai law. Thai law doesn't know any alimony. Link to comment Share on other sites More sharing options...
DavidMavec Posted February 7, 2012 Author Share Posted February 7, 2012 Since one of the spouses is residing in the UK, the British court will have jurisdiction if a pettion to divorce is filed. Yes, a British judge could award alimony, which she would not get under Thai law. He stands more to lose under British law than under Thai law. Thai law doesn't know any alimony. Given that the Thai woman resides in Thailand, would it be possible to file divorce proceedings or alimony solicitations in the UK from Thailand? Thanks for any additional info on this... Link to comment Share on other sites More sharing options...
Sontin Posted February 7, 2012 Share Posted February 7, 2012 My tip is this ...... Check Check and double check...... Does she owe money on the loans she has ......... Has she mortgaged the house to money lenders ?.....has she maxed out her credit cards.......... what about her gambling debts........what about her failed business debts.... Has she borrowed money on your car ?..... Has she refinaced the 4x4 .....Has she sold the 4x4 (She has on finance) to some one in Camboia ........think about her Thai husband......Think about another Falang Husband........ Does she want more money than she needs........ have you been to her village and heard...the lies......how many kids does she have living with her sister, her mama, her ex husband...... yo the list is endless........but check and check and double check...... t here are allways two sides to the story.................................they are expert at telling you what you want to hear. You need to think why the English guy is not about and why he F Offed So my advice is check check and double check Sontin Link to comment Share on other sites More sharing options...
Mario2008 Posted February 8, 2012 Share Posted February 8, 2012 Since one spouse is residing in Thailand and one spouse residing in the UK, I would beleive the courts in both countries have jurisdiction. On how to file for a divorce and if you have to be actually present one better asks a solicitor or citizens advise bureau for competent legal advise. A divorce is the quickest and cheapest in Thailand, if both agree. Simply both appear at an amphur with the weding certificates and declare you want to divorce. Done in 30 minutes for about 50 baht for some copies of the divorce registration. Link to comment Share on other sites More sharing options...
DavidMavec Posted February 8, 2012 Author Share Posted February 8, 2012 Since one spouse is residing in Thailand and one spouse residing in the UK, I would beleive the courts in both countries have jurisdiction. On how to file for a divorce and if you have to be actually present one better asks a solicitor or citizens advise bureau for competent legal advise. I contacted a citizen's advice bureau in the UK as you suggested. Their suggestion in turn was to contact a Thai solicitor specializing in international law. I am wondering if anyone has any recommendations to the same? Thanks... Link to comment Share on other sites More sharing options...
Mario2008 Posted February 8, 2012 Share Posted February 8, 2012 The choise might be what one wants to get out of it. A UK court might reward alimony, a Thai court will not. The proceedings in Thailand will be cheaper and quicker. Link to comment Share on other sites More sharing options...
Farma Posted February 8, 2012 Share Posted February 8, 2012 This is what I would do, assuming you have no assets in Thailand and there are no children involved. Have her apply for a court divorce on grounds of abandonment. She needs to do this through a Thai lawyer. It shouldn’t cost much as both parties agree. Cease all contact until divorce is granted by the court. There should be no need for you to hire a lawyer. The case will go before the Thai courts. There may be attempts by the court to contact you. Ignore any requests. After a couple of hearings the court will grant the divorce. It may then take a couple of weeks for the court verdict to reach her. She then takes the court order to the Umphur where they will issue her a divorce certificate using the court order as authority. The Registration of Divorce Khor Ror 6 signature block where the husband would normally sign will state “Verdict in lieu of consent”. You will be divorced and accepted under UK law. Refer http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set13/ The only problem you could encounter afterwards as you have no intention of travelling to Thailand is obtaining your own copy of the divorce certificate. (I'm not a lawyer but have a few years experience in Thai court divorce) Link to comment Share on other sites More sharing options...
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