Can I Divorce In Thailand?

[sumrit]

Hi, I'm a UK citizen currently living in Thailand and Iwant to know if I can divorce my Thai wife here. Here's the situation I'm in. I married my Thai wife here in Bangkok in 1995 and we moved to the UK when she got her settlement visa early in 1996. After three years she became a British Citizen so has had dual nationality since 1999. Everything seemed OK for about eight years untill late 2003 when she had an affair and we separated shortly afterwards (she moved out of our house). We kept in occasional contact but went our separate ways. Then about two and a half years ago the company I work for decided that due to ill health I couldn't work any more and I was put on a company pension health insurance scheme. So once that was sorted I decided to spend more time in Thailand and I've been here most of the time since and now have a new partner here. During this last 2 years my wife has moved and nobody seems to know where, except that she was staying in the UK and didn't want to come back to Thailand to live. The only time I've known somebody to get divorced in Thailand both of them lived here. And I've been told that to get divorced in the UK I would have to go back there to live for 6 months first which ai don't want to do. So is there a way for me to get divorced over here if I don't know where she is now living?

[Francis Maube]

I would think Sunbelt could be quite useful in this matter.

[sumrit]

I would think Sunbelt could be quite useful in this matter.

I thought they only dealt with problems concerning visa's, businesses and work permits, I'll give them a ring, thanks

[Casanundra]

You can get divorced in Thailand but she would probably need to come here to sign the papers at the Amphur with you. If you both agree amicably to split without the need to make claims against each other etc... then it should take no more than 15 minutes to do.

You could try and get her to do it by proxy (letter) but it will probably not be accepted by the Amphur

If she doesn't want to come back to Thailand to do the divorce then the chances are you will need to instigate divorce proceedings back home (More expensive) but as far as I am aware there are no requirements to go and live back in the UK for six months for this to happen.

[sumrit]

You can get divorced in Thailand but she would probably need to come here to sign the papers at the Amphur with you. If you both agree amicably to split without the need to make claims against each other etc... then it should take no more than 15 minutes to do.

You could try and get her to do it by proxy (letter) but it will probably not be accepted by the Amphur

If she doesn't want to come back to Thailand to do the divorce then the chances are you will need to instigate divorce proceedings back home (More expensive) but as far as I am aware there are no requirements to go and live back in the UK for six months for this to happen.

My problem is she has moved and appears to have changed her mobile number so I don't know where she's living and it's not easy trying to find her from here. I read somewhere that to divorce in the UK you had to be a resident for at least 6 months but maybe I'm mistaken. Without finding her I would have to wait another 2 years any way (5 years apart). Thanks for the reply.

[November Rain]

but as far as I am aware there are no requirements to go and live back in the UK for six months for this to happen.

Afraid OP is correct. If you want a UK divorce, you have to have lived there for 6 months before filing. I was told this by a UK lawyer I phoned from HK (where I was living) when I wanted to divorce my UK born husband & couldn't afford HK lawyers fees. As I didn't want to go back to live, no divorce!

[Filer]

but as far as I am aware there are no requirements to go and live back in the UK for six months for this to happen.

Afraid OP is correct. If you want a UK divorce, you have to have lived there for 6 months before filing. I was told this by a UK lawyer I phoned from HK (where I was living) when I wanted to divorce my UK born husband & couldn't afford HK lawyers fees. As I didn't want to go back to live, no divorce!

I'm not sure that this is correct, based on an experience of mine - although this was 12 years ago and legislation may have changed.

In Saudi Arabia my British secretary wished to divorce her British husband of about 5 years. Both had been working in Saudi Arabia full time for a Saudi company for a number of years and were not in any sense resident in the UK - only visiting UK for 1-2 months a year on trips. While both still working in Saudi Arabia they were able to organise a divorce process in the UK from a distance via mail, working through UK lawyers and going through the UK court system. As I recall they were divorcing under the uncontested, 2 years living apart rule. They certainly did not have to go back to live in the UK to effect the divorce. Of course they may both have had local addresses in the UK which may have satisfied the requirement for residency.

I'm not sure whether this will help, but I think that you need to ask a lot more questions. Why not search on the Web for some UK solicitors specialising in divorce and put your detailed situation to them by email?

Good luck!

[Casanundra]

Ah I understand the OPS confusion now as this is a matter of interpretation.

If you are UK born and bred or have PR to stay there then this rule shouldn't apply to you.

My understanding is that if you are NOT a UK Citizen or don't have PR and have not actually lived there yourself for a minimum of 6 months then you cannot divorce there. It's all designed to weed out the sham marriages and to stop them from being easy to get out of.

In this case, the OP is a UK guy and as such he should be fine.

[November Rain]

Ah I understand the OPS confusion now as this is a matter of interpretation.

If you are UK born and bred or have PR to stay there then this rule shouldn't apply to you.

My understanding is that if you are NOT a UK Citizen or don't have PR and have not actually lived there yourself for a minimum of 6 months then you cannot divorce there. It's all designed to weed out the sham marriages and to stop them from being easy to get out of.

In this case, the OP is a UK guy and as such he should be fine.

Not meaning to hijack the thread (sorry, OP!) I am UK born & bred. All I know is what a UK lawyer told me over the phone. If he gave me the wrong advice, then I am really ticked off. I'm still married (legally) 5 years on due to that advice!

[simon43]

Well, I hope what your lawyer said is wrong! I'm a UK citizen, but living in LoS since 2002. I divorced my UK wife earlier this year and no-one ever said that I had to come back and stay in the UK for 6 months. (I hope I'm not still married to her!!!!)

Simon

[sumrit]

Thanks for all the replies, I'll look into it in more detail in the UK but I think I'll have to wait another 2 years there because we've only been apart just under 3 years. I was hoping somebody might be able to give me some advice on divorcing in Thailand. The reason being as I said in my original post my company pension dept pay me through a health insurance scheme because of ill health. Although unlikely,if at some future date they decided I was fit enough I would have to go back to the UK to work. I have been living with my partner here for over 12 months and I wouldn't want to leave her here. She has been to the UK with me on a tourist visa but if I had to go back on a more permanent basis she would need a settlement visa and obviously she wouldn't get one if I was still married. Iwouldn't want to have to wait for 2-3 years for a UK divorce if it wasn't necessary. So any info would be greatly appreciated.

[Rinrada]

Been with a couple of people oer the years who got both married and divorced in LOS and fortunately it was cases of no contestation so the chop was never too painfull.

Visit to the same places awhere they got hitched,quick chat with the registery officer,say sorry but want to divorce ,couple of questions both agree to agree and that was it......ta ta.....see you about....(no dosh,cars,kids etc in question)

however that was a few years ago...and ....anyway bit of info from our friends at Orchrds (with thanks)...FYI ..only......

It is an unfortunate fact of life that not all marriages work out and some enquiries we receive concern divorce.

We can only provide a basic outline here and we would advise you to contact a lawyer to discuss your particular case.

MARRIED IN THAILAND

If your marriage took place in Thailand and you both agree on an amicable divorce there are no real problems. ....I said that.....

The situation is that you both attend at a district office with both copies of your marriage certificate and register your divorce.

The official will make notes on any points you agree on, such as maintenance for a child, and you both sign this. It is, of course, entirely in Thai and you should take a competent independent translator with you.

After the divorce certificates have been issued any agreements you have made are treated as having been made with the authority of a court and are enforceable as such.

Needless to say it is not normally practical to enforce an agreement if one party is not resident in Thailand.

A man may remarry immediately a divorce is granted if he wishes however the lady must wait 310 days before she can remarry.

If she wishes to remarry before this time is up she may do so if she visits a competent doctor who can issue her a medical statement that she is definitely not pregnant.

If the parties cannot agree on an amicable divorce they can take it to court in Thailand. This is much slower and expensive.

Under Thai law if a husband opposes a divorce the wife can only automatically get a divorce if the husband takes a new wife or the couple live apart for at least three years.

Should neither of these automatic conditions apply she may apply to the Provincial Court for a divorce if she can show that there are irreconcilable differences that make the marriage fail.

Any married person who has not been living with their spouse for at least one year may file for a divorce without the participation of the other part but this procedure is complicated and you should initially seek advice from the Office of the Provincial State Attorney.

If you are not a Thai and are living outside Thailand and your wife will not agree to a divorce you must file for a divorce in a Thai Court and you must be present to do so. The procedure can take a few months so you would be advised to employ a Thai lawyer to act for you.

If the marriage is to be ended due to seperation you must have been living apart for three years.

GROUNDS FOR A DIVORCE IN THAILAND

Adultery.

Gross Misconduct whereby the injured party is insulted, hated, injured or caused tremendous loss of face.

Cruelty either physical or mental. This is also a ground if the family of the injured party have been subject to cruelty by the spouse.

Desertion for over one year.

Disappearance for over three years.

Lack of Support. If the injured party can show that the spouse has failed to supply support and maintenance relevant to their position in society thereby causing unnecessary problems for the injured party.

Insanity of one party declared by a doctor for a period of three years.

Disease. If either spouse is suffering from a dangerous communicable disease which is incurable and may pose a risk to the other party.

Sex. If one party is physically and permanently unable to have sexual intercourse.

PROPERTY SPLIT UNDER THAI LAW

Under Thai Marriage Law any property that either party had at the start of the marriage remains 100% even without a pre-nuptial agreement. Any property that either party acquires during the course of the marriage is split 50:50 on divorce.

In this regard Thai law is very different from UK law. Should you choose to divorce in the UK following a Thai legal marriage it will be treated under UK law only.

It is as well to note that at the present time it is illegal for foreigners to own land in Thailand although they may own certain types of property.

If you have bought land with your Thai wife you will lose all entitlement to it upon divorce.

MARRIED OUTSIDE THAILAND

If you were married outside of Thailand you can only divorce according to the laws of the country concerned.

Taking the UK as an example your wife will be entitled to exactly the same as if she were British.

In the UK she does not lose her residency status upon divorce. If she has already been granted leave to remain in the UK as a wife she can remain in the country and remarry if she wishes.

She does not need a new visa to do so

[MartinBKK]

What would happen to any cash kept outside Thailand (in my sole name) and any property outside Thailand (in my sole name) if i were to divorce in Thailand (after being married in Thailand) then?

What exactly is my wife entitled to? For example if i had no assets at all within Thailand does this mean legally she would be able to get nothing from me?

[The Skipper]

Foreign divorces are valid in the U.S.A.

I was married in the USA, got divorced in Thailand.

Not sure about the U.K.

Hire a lawyer, file a case, have the summons delivered.

If you can't deliver the summons, then publish it in the newspaper.

Go to court.

If she doesn't show up, presto, uncontested divorce.

She still can sue you for assets, etc. back in the U.K., I guess.

Thats all I know.

.

[Casanundra]

What would happen to any cash kept outside Thailand (in my sole name) and any property outside Thailand (in my sole name) if i were to divorce in Thailand (after being married in Thailand) then?

What exactly is my wife entitled to? For example if i had no assets at all within Thailand does this mean legally she would be able to get nothing from me?

Reading Rinrada's post.

Anything you had before the marriage is yours 100%.

Anything you obtained once married is split 50:50

However, how someone proves that it was obtained during the marriage or was yours 100% before the marriage is yet another matter altogether and the question here should be on how creative you want to be in hiding what ever assets you want to hide so that it doesn't get split 50:50 with the Thai wife.