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Kalass
12th May 2009, 13:20
Hello,

I married a Thai lady in 2005, in the ampfuer office in BKK (sorry about spelling). We had a beautiful baby boy and everything was great, until she got into lots of money problems and she left. I took care of our son alone for about 2 weeks until she come back saying that she had to move. We moved away, but it wasn’t long before some Thai people found her. They were saying that she had taken lots of their cash and was starting to get nasty with me. To cut a long story short, I had to leave Thailand with our son (who has a British passport) in 2006.

Since then I have tried to make things work, but she makes things very difficult. It has now been nearly 3 yrs since we have seen each other.

I now want to start divorce proceedings in the UK, as I believe things will never work out between us. We still talk to each other sometimes and I help her out financially.

There are 2 questions I would like to ask:-

1) What is likely to happen with regards to our son i.e. will I be able to carry on taking care of him.

2) What is the best way to get divorced that doesn’t involve me going to Thailand.

I read somewhere that if you had not seen your wife/husband for 5 yrs then you can get an easy divorce?

Any help would be greatly appreciated.

Wolfy
12th May 2009, 13:27
Sorry to hear of your troubles,take a look at www. lawpack.co.uk....the following is from their site....Grounds for Divorce

Fact C. Desertion

Where your spouse deserted you without your consent for a continuous period of at least two years; this fact is almost never used.

Fact D. 2-year separation

By consent, you and your spouse have been living apart for at least two years immediately preceding the presentation of the divorce petition and you both agree to a divorce.

Fact E. 5-year separation

You and your spouse have been living apart for at least five years immediately preceding the presentation of the divorce petition. In this instance, your spouse doesn't have to consent to the divorce.

Lawpack have produced a Divorce Kit that allows you to make your own DIY divorce. Save yourself time and money, and arrange a DIY divorce today .

Merseymike
12th May 2009, 14:17
As I understand it, your question is to do with custody of your son, more so than the feasibility of a divorce.

You say that you were married to your son's mother at the time of his birth, in which case you are deemed to have the same parental rights/duties/responsibilities as the mother.

If you want the matter confirmed, you can apply to the county court for a residence order. Should you still wish the mother to have access to the child, she can be named on a contact order, which she may then use as a means of getting a UK visa.

Children Act 1989 (http://www.opsi.gov.uk/Acts/acts1989/ukpga_19890041_en_1)

bristolgeoff
12th May 2009, 15:23
if you want the cd i have one can make a copy or send you the original then send me back later.send me a message.the kit cost a tenner i think

Wolfy
12th May 2009, 23:28
Merseymike said

As I understand it, your question is to do with custody of your son, more so than the feasibility of a divorce.

Kalass said

There are 2 questions I would like to ask:-

1) What is likely to happen with regards to our son i.e. will I be able to carry on taking care of him.

2) What is the best way to get divorced that doesn’t involve me going to Thailand.

I read somewhere that if you had not seen your wife/husband for 5 yrs then you can get an easy divorce?
________________________________________________________

As you understand it Merseymike you are partly correct but Kalass does actually ask two questions,please do not try your usual tactic of trying to undermine a fellow forum member,i may not be qualified like you but i was only trying to help.

Tobias
13th May 2009, 01:03
Just three questions Kalass:

1) Are you named on the birth certificate as the father?

2) Would your wife consent to the divorce on a "no blame" basis?

3) On divorce would your wife consent to you having sole custody of the child?

Whilst what Greenheathen has said is correct, in your particular circumstances I would hold off doing a DIY divorce just for now, there are a number of potential legal complications in this case.

Kalass
13th May 2009, 11:31
Wow.. Thanks for the advice and help everyone. It’s really good to find out some facts about my situation.



Originally posted by Tobias:
Just three questions Kalass:

1) Are you named on the birth certificate as the father?

2) Would your wife consent to the divorce on a "no blame" basis?

3) On divorce would your wife consent to you having sole custody of the child?

Whilst what Greenheathen has said is correct, in your particular circumstances I would hold off doing a DIY divorce just for now, there are a number of potential legal complications in this case.

In answer to your questions:-

1) Yes I am the named farther on the birth certificate. My son also has my family name, and I have all the paper work.

2) This is hard to gauge.... Whilst she might agree at first, it is possible that she will cause problems down the line.

3) I believe that this is a strong possibility.

I am also curios about what she would be intituled to in a divorce? i.e. half of everything.

Merseymike
15th May 2009, 14:57
Originally posted by Greenheathen:
As you understand it Merseymike you are partly correct but Kalass does actually ask two questions,please do not try your usual tactic of trying to undermine a fellow forum member,i may not be qualified like you but i was only trying to help.

And please don't accuse me of any particular tactic.

If you perceived my reply to the OP as undermining your response, it (the perception) is of your own invention.

I really don't understand what prompted your outburst.

Kalass
17th May 2009, 09:32
Any Advice then Tobis?? Or do you think that I should just try and sort out an agreement and do a DIY divorce?

Tobias
17th May 2009, 11:27
Sorry Kalass, I hadn't noticed your reply. I am very busy work wise at the moment and not visiting the forum as often as I would like.

My advice at this stage is to see if you can reach agreement with your wife about the divorce. A 'no blame' divorce is always the best option and if she consents then you can rely on the ground of 2 years separation and both parties consent to the divorce.

If you can agree that the child will live with you then you can very likely include this in the divorce proceedings. If everything is by consent then you will save an enormous amount of time and expense and you could probably handle it yourself. If your wife will not consent then I would advise seeking legal advice/representation.

If your wife is unlikely to consent to the divorce then you may wish to consider making an application to the court for a Residence Order and then commence divorce proceedings.

Whatever you do, I would avoid taking the child to Thailand until the residency issue is formally resolved by the courts.

Kalass
18th May 2009, 01:02
Originally posted by Tobias:

Whatever you do, I would avoid taking the child to Thailand until the residency issue is formally resolved by the courts.


Thats for sure:) Thanks for the advice, I'll post again when I have some news.

Kalass
25th May 2009, 12:07
Hello,


Just a quick question..... What would happen if my wife filled for divorce in Thailand?? Would I be subject to Thai law or British law??

Tobias
25th May 2009, 13:41
Kalass, you would be subject to the law of the country of issue. If your wife intends to issue proceedings in Thailand then I would certainly apply to the courts in the UK for a Residence Order before you respond to any Thai court petition.