Divorce when not in Thailand

[patthai74]

Hi there,

Me and my English wife got married in Thailand. We have separated now and are both not living in Thailand anymore. Any idea how to get the divorce settled from Europe? Can this be done through a Thai embassy or consulate? Thanks.

[cms22]

Hello mate. My situation was exactly the same as yours. Married in Thailand in 1993 and divorced in the UK in 2005. We divorced at the Thai embassy in London. Just sign a document and your done in 10 minutes.

However, after that Thai divorce it had to go through the UK process. This means we got the decree nisi first and then waited for the decree absolute. The decree absolute was granted by the court easily as we had been living apart for more than two years (which is a condition). By then it was 2008.

Hope that's helpful.

[harrry]

To clarify the above. The UK will not recognise administrative divorces by consent which have not been done by a court. The divorce at the embassy is valid in Thailand but to the UK you are still married. You have to therefore divorce by the normal UK rules.

[patthai74]

Cheers mate. Fortunately we were only married in Thailand and not in the UK/EU so by the sounds of it, it should be easy to take care of via a Thai embassy.

[harrry]

Sorry not so....the marriage is recognised in the UK but not the divorce.

Important to check.

[beano2274]

you need to divorce legally, going to the Embassy is not a legal divorce as recognized by British Law.

[patthai74]

The marriage was never registered in the UK or anywhere outside Thailand so a divorce at the Thai embassy (if that equals a divorce in Thailand) should be sufficient no?

[harrry]

No

A marriage does not need to be registered. Once married anywhere you are married. To end it though varies in different countries. Some will not recognise divorce at all..England will not recognise administrative divorces by consent and hence a divorce in thailand needs to be done in the court to be recognised in England.

A divorce in the court however needs about 2 years here so it could be simpler to divorce in England.

[patthai74]

That surprises me as the Thai marriage (as far as I know) is not official in the EU/UK if not notarized.

[beano2274]

That surprises me as the Thai marriage (as far as I know) is not official in the EU/UK if not notarized.

Wrong, any legalised marriage anywhere in the world is valid in the EU and UK.

[oxo1947]

My Ex Kiwi wife just left a note on the fridge that said................... "This isn't working I'm going back to live at my mom's."

.
I opened up the fridge. The light was on and the beer was cold............ I'm not sure what she was talking about........................

[nuakmuaynina]

So if you Divorce at the Amphur in Thailand it wont be recognised in the UK?

[beano2274]

So if you Divorce at the Amphur in Thailand it wont be recognised in the UK?

It is a legal divorce and is recognised, what is not recognised is a divorce at an Embassy or Consulate.

[harrry]

http://www.thailawforum.com/blog/recognition-of-a-thai-marriage-or-divorce-in-the-uk

[Apiwan2]

My divorce was at the amphur and not a court.

Will I need to divorce again on the UK ?

[harrry]

My divorce was at the amphur and not a court.

Will I need to divorce again on the UK ?

read the post above yours

[Apiwan2]

My divorce was at the amphur and not a court.

Will I need to divorce again on the UK ?

read the post above yours

In post 14 the link

Says " only a Divorce in a court will be recognised in the Uk"

[beano2274]

My divorce was at the amphur and not a court.

Will I need to divorce again on the UK ?

read the post above yours

In post 14 the link

Says " only a Divorce in a court will be recognised in the Uk"

applies if you divorced at an Embassy or Consulate, please read it again.

it should be noted that an administrative divorce carried out at the Thai Embassy or Consulate in the UK will not be a valid divorce as far as the UK law is concerned, although that divorce would be recognized in Thailand. This is because in the UK, only a court can grant a divorce.

[Apiwan2]

My divorce was at the amphur and not a court.

Will I need to divorce again on the UK ?

read the post above yours

In post 14 the link

Says " only a Divorce in a court will be recognised in the Uk"

applies if you divorced at an Embassy or Consulate, please read it again.

it should be noted that an administrative divorce carried out at the Thai Embassy or Consulate in the UK will not be a valid divorce as far as the UK law is concerned, although that divorce would be recognized in Thailand. This is because in the UK, only a court can grant a divorce.

Thanks God for that....

I'm free

[patthai74]

So the only way to properly do it, is go to Thailand (together... good fun.. can't wait) and divorce over there?

[harrry]

Probably the cheapest if your wife agrees. You will only need a few days here and one short visit to the ampur after the docs are ready. In the UK you must wait and wait and wait.....and probably pay a lawyer.

One problem lies in your wifes abilty to stay or re-enter the UK. that wowuld depend on what her status is now and if it was temporary on the basis of the marriage it could prove a real seperation......

[happylarry]

Harrryreread the original post, both parties are English.

HL

[patthai74]

Happylarry, no, I am not English. I am Dutch, my wife is English

[happylarry]

Happylarry, no, I am not English. I am Dutch, my wife is English

Oh, ok so both parties are farang....lol

HL

[harrry]

Same would apply. The embassy divorce would not be recognised in England. I do not know if it would be in the Netherlands. A divorce in thailand would.