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Posted
What happens to her then with relation to her remaining in the UK, will be decided by UK immigration.

Bear in mind she could have taken care of a new sponsor while she was there...

I wish you good luck as wellthumbsup.gif

Posted

I am really sorry if I don't get something obvious. She is with another man right? So she should pursue future visas or residency with him. OK..if he is not entitled to do so then it is their problem not yours.

If you get involved in making them both legal you maybe putting yourself in line for a jail sentence..

Get on a flight with her to Thailand, spend an hour getting divorced and run away!!

I don't trust her motives, neither should you and neither should her new boyfriend.

Posted (edited)
Get on a flight with her to Thailand, spend an hour getting divorced and run away!!

I have done just that.thumbsup.gif

It is not that easy... though.. You have to prepare.. a-lot.

Edited by Dancealot
Posted

OP, I am also Scottish. Our laws are a bit different from England when it comes to divorce matters, but they are exactly the same for immigration purposes.

The bottom line is the marriage did not work out, now you need to be clinical about it and notify the authorities of the failure of the marriage, and be clinical about the divorce.

It is not up to you to act as a de facto immigration officer.

Dissolve your marriage and get on with your life. Your soon to be ex-wife will need to deal with the authorities according to Immigration law, it's nothing to do with you.

  • Like 1
Posted

It is odd I know, as in the UK the religious church wedding means you are also legally married, whereas in Thailand, despite all the pomp and ceremony, the religious wedding has no legal basis at all.

No it doesn't, the only bit that legally counts for the UK, is signing the marriage register in the vicars office, after the ceremony. The ceremony means nothing at all in the UK. No signing marriage register = no marriage.

Posted

I know nothing of British law, but something hasn't been answered for me here, or I missed it.

If the OP reports her and has her deported, does that end any chance she has of going after his estate in the UK?

Next, does the UK have a unilateral divorce on the grounds of abandonment? If she leaves him and goes back to Thailand, can he get a divorce without her there?

Posted (edited)

I know nothing of British law, but something hasn't been answered for me here, or I missed it.

If the OP reports her and has her deported, does that end any chance she has of going after his estate in the UK?

Next, does the UK have a unilateral divorce on the grounds of abandonment? If she leaves him and goes back to Thailand, can he get a divorce without her there?

There is no legal help for 'out of country' applicants in the UK legal aid system.

(Legally there is, but practically they never get round to processing applications from abroad)

Divorce for desertion is available after a set time limit, but 'unreasonable behaviour' has no waiting period for application.

Edited by AnotherOneAmerican
  • 3 weeks later...
Posted

Just skimming through this post...It comes across to be very confusing to anyone..

So many remarks with very little truth and facts and very unhelpful...

To the original poster...

If you got married in an Amphur then you are legally married in the UK. By the fact your wife has a spouse visa means that she is your legal wife.

Once you are divorced she has to go back to Thailand she has no legal rights in the UK.

You have to divorce her as you no longer sponsor her. You can file for divorce for any reason one wants just as long as the marriage has been for over 1 year.

However the divorce process has changed recently due to no legal aid allowed for divorce.

But you have to go for a divorce either in the UK or LOS.

Whatever the consequences are your wife has to go back to LOS.

Posted

OP,

She has to go back to Thailand to do divorce with you as others have said the "40"baht option, she then applies for visit visa with her new boyfriend simple as that. Pick a time of year for cheap flights 5-600 quid, spend a day at amphur then the rest of the time with the weight off your shoulders.

She cant just go and stay at the guys address permanently all her details must be from your address, work bank etc this would be for i think 5 years in that time she can run up huge debts and you will end up responsible plus you can be ruined for anything you have built up in that time. This wont work in normal life especially if you meet someone else your basically screwed for getting on with life, just so you can keep an ex happy, just sounds daft.

  • 1 month later...
Posted (edited)

To the people recommending that the OP flies back to Thailand with the soon to be ex-wife to get a 40 Bt divorce.

Don't you think the lady would accept that when knowing that her chances to get a Visa back to the UK to stay with and immigrant are slim to say the least ? She may even say yes first then get different advice, and fail to show up, leaving the OP with two useless return tickets.

If the OP wants to divorce (I think he should), in my opinion he has to do that in the UK, even if that means he has to first to register the marriage to have it dissolved later.

Edited by paz
Posted

Reported posts suggesting an illegal and criminal course of action have been removed

  • 2 weeks later...
Posted

hopefully this post gets posted this time.. :D

Is there a possible reason for my wife insiting that I file divorce papers instead of her? We were married in BKK years ago and now reside in Nakhon Sawan. She has asked me many times to file the divorce stating that it was only a paper. When I reply that if she wants the divorce that she file she gets upset. I have nothing for her to take aside from a meager Military pension to which she would only recieve about 7% (we were only married about 2 years whilst i was in the military. Is it possible that she is just tryiing to test me? or is there some leagal precedent I dont know of?

Also If somone wants to meet or give me a ring im looking for other americans or english speaking people here.

Muang Nakhon Sawan

Ed

Posted

If you are both in Thailand and want a divorce, you just go both to an amphur and get a divorce and at that time enter the settlement you want.

You go to court when you don't agree on divorcing or you can't agree on the division of assets. In that case it matters who files for divorce, as only the injured party can file for a divorce. For example if she left you, you can file for divorce based on abandonment but she cannot file for divorce on that ground.

Divorce at the court can only on the grounds mentioned in the law, while for a divorce at the amphur no grounds are needed. it is just signing the divorce register an entering any agreement regarding the division of assets (which includes debts) and regarding things like who takes care of the children (if any).

  • 7 months later...
Posted

Is the marriage registered in Thailand? If so go to the nearest Thai Embassy to file for divorce as Thai law applies. If registered in the UK you'll need to process through the court there.

  • 7 months later...
Posted

Marriage is a funny thing. I am not sure if i should do it. Though, i probably have nothing to lose. Everything is in her name already and i am not entitled to a pension. I don't even have any savings and by the time i do, she will probably be over 60.

  • 2 years later...
Posted (edited)
On 24/07/2013 at 9:19 AM, bloodmeal said:

I'm Scottish and we will often refer to any female below about 30 as a "girl" i suppose it's a form of flattery.. but generally used in speaking here.

She is a few months older than me but we're roughly the same age, both mid 20s.

I  refer to all females except my mother, as  (girls). Hi girls how’s your day going. 

 

Edited by anicemanian
New word

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