UK Divorce Question

**William** · 28-12-2006, 08:15 PM

I have no idea if between us we can bang a few heads and get and answer to this question, but I thought I would give it a try.

FACTS
I have a "friend" (as we all do

) who married a Thai lady in the UK about 9 years ago. At the time, Thai law stated that the Thai woman needed to change her name upon getting married and was also banned from buying land. For this reason, although the law was to change, the decided not to register the marriage at they Thai embassy nor to register at the Amphur here.

Both of the parties involved still live in Thailand, but about 3 years ago they separated and have lived apart ever since (which can be verified by rent bills, etc.). The lady in question has now fallen in love with a farang and wants to marry him and move to he UK. However, she cannot marry this guy because, in the UK, she is already married. As such, she has asked my friend for a divorce, which he is willing to do as he also has a new life.

PROBLEM
The Thai lawyers are telling him/her they cannot divorce in Thailand as they were never legally married here. Fair enough. His UK lawyer is telling him that as neither he nor his wife are UK residents, he cannot divorce in the UK. To resolve this issue, his lawyers in the UK are telling him that (a) he return to the UK and re-establish residency and then file for divorce; or (b) his ex return to the UK for a period of 30 days and then file for a divorce.

My "friend" cannot do (a) because he has 2 young kids here in Thailand and doesn't want to complicate his situation anymore than it already is. However, his ex cannot do (b) because she cannot get a visa.

So, does anyone know how they get out of this mess?

PS - I'm not looking for flames on bahviour - just knock around some thoughts

Cheers

**dirtydog** · 28-12-2006, 08:52 PM

Well I have thought long and hard bout this and reckon it's one of those tests they give young aspiring lawyers that cant be answered, but I got an idea, they register the marriage here and then get divorced, although I think they have to stay registered as married for a year

**DrAndy** · 28-12-2006, 09:12 PM

try the consulate, they are useless but hey!

**Spin** · 28-12-2006, 11:47 PM

it seem clear that the lady has to return to the uk for 30 days and file for quickie on grounds of adultery or whatever.
If it the woman that wants the divorce then she has to do the legwork.
The guy has his new life here and should just sign whatever the lady needs.
The costs lie with the new farang atm

**kingwilly** · 29-12-2006, 04:43 AM

Originally Posted by Helicopter

it seem clear that the lady has to return to the uk for 30 days and file for quickie on grounds of adultery or whatever.
If it the woman that wants the divorce then she has to do the legwork.
The guy has his new life here and should just sign whatever the lady needs.
The costs lie with the new farang atm

i was thinking much the same.

but y can the women not get a visa to the UK for 30 days!?!?

**Marmite the Dog** · 29-12-2006, 06:24 AM

If they were never legally married in Thailand, what's stopping her marrying the new chap here?

**William** · 29-12-2006, 07:05 AM

actually, the problem with the visa seems to be that she told the embassy here she "had" been married previously and they have said she cannot get a visa unless the ex sponsors her. I understand that involves him giving some kind of guarantee (I'm not if the guarantee is that she'll come back or for money spent) and that his parents do something similar as well. Anyhow, both he and his parents have said bollocks to that.

MtD as it happens, that's exactly what my mate has done. Not too sure how legal it is though

**Marmite the Dog** · 29-12-2006, 07:08 AM

Originally Posted by William

MtD as it happens, that's exactly what my mate has done. Not too sure how legal it is though

Glad to clarify things for you. Just let me know if you need any other advice pertaining to the finer points of Thai law.

**kingwilly** · 29-12-2006, 01:04 PM

william - it sounds to me as if the problem is all the girls and not your mates (at this point in time....) if her new b/f is also a UK bloke then i dont see y he cannot sponsor / guarantee her visit....

having said that there may come a time when he needs this sorted or his x to help him in some small way and keeping her onside could be of use for him....

i think the guarantee is that she will honour her visa etc etc - would it really be the difficult for him to help her out her (providing she's not a complete manic/physco and not to be trusted?)

**Spin** · 29-12-2006, 03:02 PM

If she already went to UK and abided by her visa rules then it should be easy to get a new visa. The new guy has to sponsor her. Nothing to do with the old guy now. The new guy foots the bill on this one!

**William** · 29-12-2006, 04:13 PM

^thanks for your help guys. I'll update you when I know what the hells going on

**Gerbil** · 29-12-2006, 04:43 PM

^ She could always arrange a hitman to bump off the ex. Problem solved.

**keda** · 09-01-2007, 05:48 PM

Op states they were married in the UK, so she must have had a visa, and if she didn't cock up that privilege it shouldn't be difficult for her to get another one; but op also says cannot get a visa, so what did she do wrong, why can't she overcome her previous iniquities whatever they were, by using her new fiance as guarantor, and however she screwed up the first time why should her new guy be penalised by her being prevented from entering the country?

What is her new man doing to help her out, and why should her former hubby be inconvenienced?

Seems the easiest legal solution is for the happy couple to either plod through the visa process, or go to wherever can give them a divorce on demand so they can marry.

**Itchy** · 12-01-2007, 06:48 PM

I'm of the opinion that she would be allowed a visa to the UK in order to persue her rights in the divorce case.

The problem your friend is going to have is that once she files for divorce her lawyer is going to go after your friend for her share of the marital wealth (to which she is entitled).

If there is any risk of this whatsoever then the best option would be for your friend to file for divorce himself on the grounds of desertion.

The advice he has received from the lawyer may not be true. The UK court can rule on a divorce where there is any connection to the UK, this might be residence, but it might also be any wealth held in the UK (for example pensions).

What your friend should not do is allow his wife to persue a divorce without his involvement (certainly if he has any wealth within the control of the UK courts - again a pension being a example of something the wife could get her hands on).

**blackgang** · 13-01-2007, 11:39 AM

Sounds as if he maybe should be the one to hire a hit man and have her taken out..

Thread: UK Divorce Question

Thread Tools

Display

UK Divorce Question

Thread Information

Users Browsing this Thread

Posting Permissions