Am I Divorced ?

[p414]

I married my ex wife in an english registry office. 5 years later we divorced in Thailand.She never registered the marriage in Thailand.

I signed a paper.[in thai] and got a piece of official looking paper in return.My ex wife told me that that meant we were divorced from that moment on.

That was app. 4 years ago. I have not informed the british embassy of this.

Am I divorced under english law ?

[Jalla]

I married my ex wife in an english registry office. 5 years later we divorced in Thailand.She never registered the marriage in Thailand.

I signed a paper.[in thai] and got a piece of official looking paper in return.My ex wife told me that that meant we were divorced from that moment on.

That was app. 4 years ago. I have not informed the british embassy of this.

Am I divorced under english law ?

I don`t think you are legally divorced. I also think that if you got married in Uk, you would have to divorce in the Uk as well. At least that is the requirements under Norwegian law according to a friend who ended up in that situation.

As you did`nt register your marriage in Thailand, I find it hard to believe that Thai authorities can legally divorce the two of you.

Have the "official" looking paper translated for your own sake and contact your embassy.

If i am right in all the above, your ex would become your beneficial under Uk laws if something should happen to you

Jalla

Edited February 11, 2006 by Jalla

[OldAsiaHand]

I also think that if you got married in Uk, you would have to divorce in the Uk as well.

No, not at all. As a rule of thumb, every nation recognizes the legal decrees of other nations. If you were legally married in the UK, you are legally married everywhere. By the same token, if you receive a valid decree of divorce in Thailand (or South Africa or Bolivia or....), you are divorced everywhere regardless of where you were married.

A problem arises only when one party to the marriage challeges the validity of the decree in the other country on the grounds of lack of notice, or lack of representation, or a thousand other possible bases. That could happen if there were property at stake (say, the Thai decree assigned title to a house in the UK to you and your wife objected and wanted the title). Then one spouse would attack the validity of the property transfer by attacking the validity of the divorce decree in the other country.

In other words, as a practical matter, unless one of you challenges the Thai divorce decree, it is indeed valid everywhere. If one of you does challenge it in the UK, it is up to the UK court to determine if the decree was 'validly granted' by the Thai court under Thai procedures.

Edited February 12, 2006 by OldAsiaHand

[GuestHouse]

In other words, as a practical matter, unless one of you challenges the Thai divorce decree, it is indeed valid everywhere. If one of you does challenge it in the UK, it is up to the UK court to determine if the decree was 'validly granted' by the Thai court under Thai procedures.

The first question the British Court will ask is 'Does this court have Jurisdiction"?

If either you, or your wife, are living in the UK, or contested property/wealth, pensions etc are in the UK then the court has jurisdiction.

I think the best advice is to contact a UK lawyer and ask for advice. The usual procedure is that the divorce is placed before the court for ratification - There is an obvious risk involved but that risk exists while ever the matter remains open.

Talk to these people International Divorce - Specialist Law Firm in UK

[Dragonman]

I also think that if you got married in Uk, you would have to divorce in the Uk as well.

No, not at all. As a rule of thumb, every nation recognizes the legal decrees of other nations. If you were legally married in the UK, you are legally married everywhere. By the same token, if you receive a valid decree of divorce in Thailand (or South Africa or Bolivia or....), you are divorced everywhere regardless of where you were married.

A problem arises only when one party to the marriage challeges the validity of the decree in the other country on the grounds of lack of notice, or lack of representation, or a thousand other possible bases. That could happen if there were property at stake (say, the Thai decree assigned title to a house in the UK to you and your wife objected and wanted the title). Then one spouse would attack the validity of the property transfer by attacking the validity of the divorce decree in the other country.

In other words, as a practical matter, unless one of you challenges the Thai divorce decree, it is indeed valid everywhere. If one of you does challenge it in the UK, it is up to the UK court to determine if the decree was 'validly granted' by the Thai court under Thai procedures.

The majority of this is correct. However not all countries accept divorces eg, Philippines. Thailand and UK, no problem, as long as one of you resided in Thailand at time of divorce, and you have broken no laws for divorce. No need to tell anyone, until you wish to re marry I would advise you get a certified translation of divorce certificate however.

[p414]

I also think that if you got married in Uk, you would have to divorce in the Uk as well.

No, not at all. As a rule of thumb, every nation recognizes the legal decrees of other nations. If you were legally married in the UK, you are legally married everywhere. By the same token, if you receive a valid decree of divorce in Thailand (or South Africa or Bolivia or....), you are divorced everywhere regardless of where you were married.

A problem arises only when one party to the marriage challeges the validity of the decree in the other country on the grounds of lack of notice, or lack of representation, or a thousand other possible bases. That could happen if there were property at stake (say, the Thai decree assigned title to a house in the UK to you and your wife objected and wanted the title). Then one spouse would attack the validity of the property transfer by attacking the validity of the divorce decree in the other country.

In other words, as a practical matter, unless one of you challenges the Thai divorce decree, it is indeed valid everywhere. If one of you does challenge it in the UK, it is up to the UK court to determine if the decree was 'validly granted' by the Thai court under Thai procedures.

The majority of this is correct. However not all countries accept divorces eg, Philippines. Thailand and UK, no problem, as long as one of you resided in Thailand at time of divorce, and you have broken no laws for divorce. No need to tell anyone, until you wish to re marry I would advise you get a certified translation of divorce certificate however.

Thanks for the input All.

I have no intention of marrying again but will be returning to england and am not sure how I should reply to any questions of 'marital status'.

I may possibly wish to remarry in the future but am sick of paying lawyers for common info.

Thanks again .

[Sing_Sling]

p414, you seem quite intelligent - how can you simply accept a piece of paper written in a language you have no clue about and accept is as a given that it's what you want. Could even be a dry cleaning receipt.

[Mobi]

p414, you seem quite intelligent - how can you simply accept a piece of paper written in a language you have no clue about and accept is as a given that it's what you want. Could even be a dry cleaning receipt.

I bet it's got a Garuda at the top - and I doubt there's too many laundry receipts around with Garudas on them. From memory the Thai divorce certificate looks much like a Thai marriage certificate, except its in black - most appropriate.

I got married in Thailand and was divorced in England. I don't particularly care if I am legally divorced out here - she got it all anyway.