Advice needed Thai Divorce

[ukguy51]

Hi all.

Just need some helpful advice as to what is needed in order my current girlfriend (I will call CK) whom I want to marry has to do to get a divorce. She is now back living in Thailand after being with me in UK for 6 months on her previous visit to the UK she met a man and they got married although she soon after found out that this man was Violent, controlling and even tried to sell her by placing adverts around his local area. He is currently on bail and has to sign on at the local police station although CK did not know anything about this before marrying him. She has since found out it was because he was violent towards his ex wife and also that it may have been something to do with children. Obviously CK left this man and went to stay with her sister who has been in the UK 20 years, CK was on Visitors passport both visits. This man kept ringing her sisters also constantly emailing and texting her. I knew CK some 5 years ago when I met her and her family in Thailand and through friends found out about what she was going through. I met back up with CK and re kindled our relationship and she came and stayed at my house for the last visit of six months going back to Thailand when her visa expired on Nov 5th 2013. The ex husband Knew a family friend who lives close to me and he even tracked her down by going to all the local pubs he does not live near me. She has politely told him she no longer wants to be with him but he still came to the pub, I did tell him that he needs to leave her alone and that she does not want anything to do with him. He was escorted from the pub to only hang around outside driving past every few minutes so I called the police who warned him to stay away, I have managed to get CK new phone with new number and block his emails. He threatened to cancel her Plane Ticket although it was in her name and he could not do it. I took CK to the airport and waited till she went through departures to make sure he was not at the airport himself. To date he seems to have left her alone now and hopefully has got the hint

That is a bit of the history. The advice I am seeking for me and CK is.

1. How can CK get a divorce in Thailand without his consent as he is unlikely to give this as he has shown to be not getting the message she does not want to be with him. I wish to get married to CK and for her to live with me in the UK.

2. Is there any hard rules on when CK can next apply for a Visa. Her last Visitors Visa ran out 5th Nov 2013, once she is divorced I wish to book for our wedding but have no idea on which Visa for her to apply for.

3. I have evidence that I have known CK for 5 years including photos etc. of us together. I have witnesses that she stayed with me for the last 6 months even the police officer who came out to us that night. Can anyone give me advice to the quickest route CK can get back to the UK and for us to get married and live together. I meet the financial level to support her as I have my own business and also I own my own house.

Thanks in advance for any help given.

[harrry]

As you have witnesses the husband can sue you in court for adultery and obtain damages.

As far as divorce is concerned it will have to be through the courts if he does not agree. There are several grounds but most cannot be started for about 2 years.

[ukguy51]

Thank you for reply.

I have not committed adultery and CK had left him before she stayed at my home. She was free in UK law to see who she wanted to.

Are you saying given his violent and shady back ground she cannot get the marriage annulled for deceit, try to sell her and a darn right nasty bloke. Is your answer based in Thailand and or UK or both on the two year rule?

Thanks

[harrry]

Thank you for reply.

I have not committed adultery and CK had left him before she stayed at my home. She was free in UK law to see who she wanted to.

Are you saying given his violent and shady back ground she cannot get the marriage annulled for deceit, try to sell her and a darn right nasty bloke. Is your answer based in Thailand and or UK or both on the two year rule?

Thanks

Under thai law you have. He could sue you here. The fact that he cannot in the UK does not matter.

Thailand does not have any ground of deceipt.

You asked about Thai law.

[ukguy51]

Thanks Harry. I have done some more research and looks as if she will need to do this through the English courts when she returns as he is unlikely to either go to amphur office as he lives in the UK or agree to a divorce. I have read on UK gov website she must wait a year before filing a partition.

On a separate note do you know how long CK has to wait before applying for a new visitors visa to the UK. I have heard different stories and we are not sure of the facts. Some say 6 months minimum some say you don't have to wait six months. any help is appreciated.

[harrry]

Thanks Harry. I have done some more research and looks as if she will need to do this through the English courts when she returns as he is unlikely to either go to amphur office as he lives in the UK or agree to a divorce. I have read on UK gov website she must wait a year before filing a partition.

On a separate note do you know how long CK has to wait before applying for a new visitors visa to the UK. I have heard different stories and we are not sure of the facts. Some say 6 months minimum some say you don't have to wait six months. any help is appreciated.

She does not have to wait until she returns to file in the UK.

[Mario2008]

Divorce without consent can only be made through the court, based on the grounds mentioned in the law. You mention sufficient grounds to get a divorce, which will take some time as he must be summond several times before a judge will proceed without him.

Question is of course if there is enough proof to satisfy a judge that this falls under one of the grounds mentioned in the law.

Contact a competent lawyer regarding family law in Thailand for good legal advice. In the Isaan isaanlawyers would be a good starting point.