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Robster
31st Jan 2010, 23:17
Hi All I am new here and would welcome some advice if possible please!

I have been married to a Thai National for 7yrs but it's all over and we have decided to get a divorce.

It will be Uncontested as we are still friends but i want to make sure that it is legal in both the UK and Thailand.

We were married in Thailand at a local office but plan to Divorce here. I just want to know if this will be reconised in Thailand as well?

Thanks!
Rob.:confused:

Tobias
31st Jan 2010, 23:49
A UK divorce will be recognised in Thailand.

bristolgeoff
1st Feb 2010, 13:25
do it in thailand if you can.much easier than the uk

Tobias
1st Feb 2010, 14:35
Rob, are you living apart now? If so, how long have you lived apart?

bristolgeoff, it might be easier for some but it may not necessarily be the cheapest way!

Robster
1st Feb 2010, 22:15
Thanks for getting back to me on this!

We are still living together as we are still friends etc. I know its cheaper to get a divorce in Thailand but i have been told that a quickie divorce there is not recognised under UK law?

The Court process over there could take upwards of 12 Months i have also been told?

stevem
2nd Feb 2010, 01:06
Hi Rob it took myself all of 20 mins in los,at the same amphur it was registered in .

Wolfy
2nd Feb 2010, 09:14
Hi Robster, (further to pm)

Maybe you'll get double clubcard points if you use Tesco's Divorce service :D

Keep Smiling mate.

Tobias
2nd Feb 2010, 09:47
... I know its cheaper to get a divorce in Thailand but i have been told that a quickie divorce there is not recognised under UK law?

A Thai administrative divorce (at an Amphur in Thailand) is recognised in the UK. A Thai administrative divorce at the Thai Embassy in London is not recognised in the UK.

Whether it's cheaper or not is another matter. If you are both intending to visit Thailand together/at the same time anyway then the divorce can be done quite quickly and cheaply during your holiday. If your only purpose to go to Thailand is to divorce then obviously it would be cheaper to divorce in the UK - the court fee is much less than a couple of flights and a hotel.

Terry Walker
2nd Feb 2010, 13:23
Hi,
My name is Terry Walker and I have recently been through the process. If you would like further details, call [*phone number removed by Moderator]. The process is not as difficult as some believe. Terry.



*MODERATOR NOTE: Please PM Terry for his phone number.

Robster
2nd Feb 2010, 22:43
Thanks Tobias, As i have said this was my reply from Siam Legal regarding the validity of a Quick uncontested Divorce at the Amphur office.

PLease be informed that the uncontested divorce is not acceptable in UK jurisdiction. Thus, there might be a need to file a contested one. This is, of course, on the premise that the marriage was also registered in the UK. If it was not, then the uncontested divorce may be availed of.

I take it they are wrong but would really like to get this confirmed as this is our intended route.

Thanks, Rob

Robster
2nd Feb 2010, 22:53
Ha ha cheers i will get some Thai Ready Meals with the extra points as i the Head Chef is going back to LOS!

stevem
3rd Feb 2010, 02:26
A divorce by mutual consent in Thailand is fairly easy to obtain; any other type of divorce can be more complicated.
Note: Divorce by mutual consent only applies if the couple married in Thailand. If they married outside Thailand they may apply for divorce in Thailand but have to go through the court system.
Divorce by Mutual Consent

An uncontested divorce can be obtained at the local District Office (khet/amphur). A divorce by mutual consent must be made in writing and certified with the signature of at least two witnesses and it must be registered with the relevant authorities.
The divorce documents and a summary on completing the form are available from the local District Office. All documents are in Thai.
There is no requirement to be accompanied by lawyer or have lawyer prepare the divorce documents. But having a lawyer may help explain things better.
Registering the divorce

Registration is made at the District Office. At most amphurs it is not possible to make an appointment, instead simply join the queue.


Take the following:

Completed written documents with two witness signatures
Photo identification for both parties
Passports for both parties
The marriage certificate
A small fee is charged.

Hope this helps www.thailand.angloinfo.com/countries/thailand/divorce.asp (http://www.thailand.angloinfo.com/countries/thailand/divorce.asp)

KhunIanB-UK
3rd Feb 2010, 02:52
A Thai administrative divorce (at an Amphur in Thailand) is recognised in the UK. A Thai administrative divorce at the Thai Embassy in London is not recognised in the UK.

Does anyone else find this situation incredible! Maybe it's why when gas and oil prices go down we end up paying more! :-(

Tobias
3rd Feb 2010, 10:46
A Thai administrative divorce (at an Amphur in Thailand) is recognised in the UK. A Thai administrative divorce at the Thai Embassy in London is not recognised in the UK.

Does anyone else find this situation incredible! Maybe it's why when gas and oil prices go down we end up paying more! :-(

Not at all. In the UK only a court (and that is only the county court or the High Court) can grant a divorce.


Thanks Tobias, As i have said this was my reply from Siam Legal regarding the validity of a Quick uncontested Divorce at the Amphur office.

PLease be informed that the uncontested divorce is not acceptable in UK jurisdiction. Thus, there might be a need to file a contested one. This is, of course, on the premise that the marriage was also registered in the UK. If it was not, then the uncontested divorce may be availed of.

I take it they are wrong but would really like to get this confirmed as this is our intended route.

Siam Legal are wrong. The UK does recognise the Thai administrative divorce provided it was issued at an Amphur in Thailand. There are quite a few people on this forum who have divorced this way and who have had that divorce recognised by both the British Embassy in Bangkok and the Home Office here in the UK.

There is no need to "register" a foreign marriage with the UK authorities and even if it was registered it would make no difference to the validity of the divorce.

As I have said many times before on this forum, why use a Thai firm for advice or assistance on British legal matters? Leave the Thais to deal with Thai matters and leave the British to deal with British matters. For anything to do with UK visas/immigration or other legal issues in the UK my advice will always be avoid Thai firms or agencies - get your advice from qualified British firms in the UK.

Gary & Nok
3rd Feb 2010, 21:09
- get your advice from qualified British firms in the UK.Or just take note of what this man says :D he appears to know a thing or two.

IanB
3rd Feb 2010, 23:13
Is there such a thing as a Thai lawyer who is not a liar? Has anyone yet found one who gives good advice?

Robster
4th Feb 2010, 23:29
Thanks very much for this! One other thing is that my Wife's Passport is still in her Maiden Name. But it has been suggested to me that for the purpose of divorce it needs to be in her Married Name?

Wolfy
5th Feb 2010, 08:42
Thanks very much for this! One other thing is that my Wife's Passport is still in her Maiden Name. But it has been suggested to me that for the purpose of divorce it needs to be in her Married Name?

Hi Rob

No, it does not.

Steve

sumrit
16th Feb 2010, 09:47
Thanks very much for this! One other thing is that my Wife's Passport is still in her Maiden Name. But it has been suggested to me that for the purpose of divorce it needs to be in her Married Name?

As WolfySteve says the passport doesn't have to be in the married name, but until fairly recently, if getting divorced in Thailand, the Thai wife's ID card had to be in her married name and her title (nangsow for miss, nang for mrs) had to show she was married.

Sometime around 2007/2008 Thai law changed, firstly to allow married women to keep their maiden name if they so wished, then changed again so they could choose whether to have nangsow or nang shown on their ID cards.