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-   -   Need to get a divorce (https://britishexpats.com/forum/thailand-154/need-get-divorce-772534/)

Pswift Sep 23rd 2012 4:12 pm

Need to get a divorce
 
I would like to know how to get a divorce when living in Thailand. My wife has committed adultery and is living with him and I want a divorce.
She is a Thai woman I married and lived with for 5 years before coming out to Thailand for a job. She wanted to stay in England but I have now found out all she wanted was a British passport and left me. That was just under 3 years ago. (Will be 3 years next February). As she has a new boyfriend I would like to get rid of her and start again.
Can anyone advice me on what to do and how to contact so I can start things rolling.
:fingerscrossed:
Many thanks.

Swifty

theoldgit Sep 23rd 2012 11:21 pm

Re: Need to get a divorce
 
If you are both in Thailand, and she is in agreement all you need to do is both go to the local Amphur and register a divorce, it's very easy and cheap and takes minutes, but as I say you both have to be in agreement and turn up together.

If you are in Thailand and she wants to contest the divorce, you will need to go through the Thai legal system and can only do for specific reasons, adultery is one of them. I would have though that if she has already found a new victim, I mean boyfriend, I would have thought that she would have readily agreed. Any joint assets since you were married may have to be split, and the system is pretty slow and can be expensive.

If you are both in the UK well then you would have to go through the UK legal system.

Are there any kids involved, and does she already have her UK Passport?

nonthaburi Sep 24th 2012 1:41 am

Re: Need to get a divorce
 
If you both agree then no problem , just do as stated above . 150 baht for a divorce I think . Any assets acquired after the marriage get split 50-50. If there's kids involved its more complicated .

If she doesn't agree then you can get a lawyer and work your way through the system.

Maybe contact a lawyer firm for a quote , I think it takes about six months.

Did you get married in the Uk or Thailand , wherever you got married you will probably have to get divorced I think.

siriwanjs Sep 24th 2012 10:46 am

Re: Need to get a divorce
 

Originally Posted by nonthaburi (Post 10297297)
If you both agree then no problem , just do as stated above . 150 baht for a divorce I think . Any assets acquired after the marriage get split 50-50. If there's kids involved its more complicated .

If she doesn't agree then you can get a lawyer and work your way through the system.

Maybe contact a lawyer firm for a quote , I think it takes about six months.

Did you get married in the Uk or Thailand , wherever you got married you will probably have to get divorced I think.

It's right that wherever you got married you'll have to get divorced there. But if you got married in Thailand and both can't agree you need to have a lawyer. I know one law office which I'm not sure they handle family law but I do believe they can recommend some law firm to you. Just google.. law office of Dr. Ukrit Monkolnavin.
However I am (as Thai) so sorry for you. Things like this happen everywhere even in US where I live. Some (thai) girls contacted me and wanted my husband represented them but I would love my husband represent US husbands instead.

Pswift Sep 24th 2012 2:04 pm

Re: Need to get a divorce
 

Originally Posted by nonthaburi (Post 10297297)
If you both agree then no problem , just do as stated above . 150 baht for a divorce I think . Any assets acquired after the marriage get split 50-50. If there's kids involved its more complicated .

If she doesn't agree then you can get a lawyer and work your way through the system.

Maybe contact a lawyer firm for a quote , I think it takes about six months.

Did you get married in the Uk or Thailand , wherever you got married you will probably have to get divorced I think.


Yes she is still living the UK with her new boyfriend. She has one daughter (not mine and I have not adopted her) He will be 15 going on 16 now. As she is in the UK I guess I can't do a Thai divorce and have to go to a UK one. But can I start it from here?
I will not give her one penny as I have had to pay for all.

Paul

theoldgit Sep 24th 2012 3:47 pm

Re: Need to get a divorce
 
You might want to drop these guys an email for some initial advice http://www.terry.co.uk/divorce8.html

I'm assuming that she does have a UK Passport.

If you are living in Thailand and she in the UK, she could possibly instigate divorce proceedings claiming that it was you who abandoned her, do you have assets in the UK?

nonthaburi Sep 24th 2012 5:50 pm

Re: Need to get a divorce
 
It doesn't matter where she is , what does matter is where you got married . Did you get married in the UK or in Thailand as that will pretty much decide where you get divorced . Obviously a divorce in Thailand will be better for you financially .

Pswift Sep 24th 2012 6:48 pm

Re: Need to get a divorce
 
Well I got married in Thailand and the UK as she had a marriage visa and to get it up graded we had to get married in the UK as well.

I would like to do this in thailand but as you have already stated she needs to be here as well and that wont happen.:frown:

nonthaburi Sep 24th 2012 8:06 pm

Re: Need to get a divorce
 
Not sure about this but I think you can still do it if she's not there on the grounds that she is not there with another guy in the UK . You can serve the papers and she would have so long to reply.

But I'm a bit confused as to why you got married in the UK again . Loads of people get married abroad and they don't all get married again in the UK to validate the wedding . She might have pulled a fast one on you there because seeing how you're married under UK law now as well , then presumably there would have to be some sort of divorce under UK law , and a financial settlement etc.

I would speak to a lawyer ASAP.

theoldgit Sep 25th 2012 12:40 am

Re: Need to get a divorce
 
I'm assuming that your marriage in Thailand was a legal wedding at an Amphur and not just a village wedding, in which case the marriage is recognised as a legal wedding in the UK, and you can divorce either at an Amphur in Thailand, through the Thai legal system or you can divorce in the UK.

The grounds for seeking a divorce under Thai law, assuming the mutual consent route isn't an option are:

1. Adultery

2. A spouse is guilty of misconduct that inflicts serious shame, insult or injury on their partner and cohabitation is no longer possible

3. A spouse has caused serious harm or torture to the body or mind of their partner, or has seriously insulted their parents

4. A spouse has deserted for longer one year

5. A spouse has disappeared
6. A spouse has failed to provide proper maintenance and support to their partner; cohabitation is no longer possible

7. A spouse suffering from serious mental illness for at least three years

8. A breach of the good behaviour bond

9. A spouse is suffering from a contagious and dangerous disease which is incurable and may cause injury to the other

10. A spouse has a physical handicap and is permanently unable to cohabit as husband and wife.

To divorce through the Thai courts can take years and it's you that has to prove that you have grounds.

Like the previous poster I'm at a loss to understand why you went through a marriage again in the UK, as I have said if you married at an Amphur that marriage is recognised in the UK, and you can divorce through the UK courts.

You cannot marry twice, and going through the ceremony in the UK doesn't make you any more married, nor does it give your wife any more rights.

If you had a villiage wedding in Thailand followed by a legal wedding in the UK, then you can only divorce in the UK, if you were legally married in Thailand then you can divorce through either legal system.

You say your wife only wanted a UK Passport, does she have one now, that's important for her status in the UK.

siriwanjs Sep 25th 2012 3:01 am

Re: Need to get a divorce
 
This link might help you
http://www.sharingpensions.co.uk/ste...orce.htm#text7

Pswift Sep 26th 2012 1:27 am

Re: Need to get a divorce
 
Many thanks I will take a look.

Paul:)

phil williams Sep 28th 2012 12:20 pm

Re: Need to get a divorce
 
I had a very similar situation a few years ago when my wife initiated divorce proceedings in the UK.
It became very ugly.

You need to be very careful that it it you, not her, that initiates the UK proceedings otherwise all your UK assets are at risk.
Make sure that she cannot claim desertion or abandonment.

PM me if you want more details of my experiences.

Good luck and be careful.

Pswift Sep 30th 2012 11:31 pm

Re: Need to get a divorce
 
Hello to you. Thanks for your advice. It's she that abandand me and left me tpo look after her daughter. Then I was offered a job here. She said that she may come and join me latter after I have got things sorted out like a home to live in,but now all she has done is found a new boyfriend.
I will start this divorce asap now.:frown:


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