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Re divorced in Thailand and visa for current wife

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Micky44
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Re divorced in Thailand and visa for current wife

Post by Micky44 » Mon Aug 20, 2018 6:54 pm

Hi there I would really welcome some advice please as I think a major spanner may have apeared in the works. Basically the situation is as follows.
I married a Thai girl in Thailand back in 2005 , we applied for and got a settlement visa and then eventually she got ILR. We separated in 2013 but did not divorce she is still in the UK legally.
2016 I wanted a divorce she did not, so I applied to the courts in Thailand for a divorce on the grounds of two year seperation. After two separate court hearings I was granted a divorce ( she never attended either hearing) I have the divorce certicate and the papers from the Thai court stating the marriage was dissolved.
I re married a thai lady June this year in Thailand and we have a son with both thai and UK passports. I am just about to submit her papers for settlement to the uk , my question is this. Will my divorce in Thailand be recognised or do I need to do some thing in the UK? Thank you in advance for any help you may give me. Kim regards Michael.

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Casa
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Re: Re divorced in Thailand and visa for current wife

Post by Casa » Mon Aug 20, 2018 7:15 pm

"Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:
it is effective under the law of the country in which it was obtained; and
at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country."


https://www.gov.uk/government/publicati ... rces-set13
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Micky44
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Posts: 5
Joined: Mon Aug 20, 2018 6:31 pm
United Kingdom

Re: Re divorced in Thailand and visa for current wife

Post by Micky44 » Mon Aug 20, 2018 7:36 pm

Thank you for the swift reply.
As I was at the time of the court proceedings in Thailand and in fact on a one year retirement visa there, I'm assuming that the divorce will be reconised by the UK ? I obviously after the divorce had to get an affirmation of freedom to marry from the British embassy in Bangkok so this must also back up the fact that the UK reconised the Thai divorce. Again thank you very much for putting my mind at rest. Kind regards.

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Casa
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Re: Re divorced in Thailand and visa for current wife

Post by Casa » Mon Aug 20, 2018 7:46 pm

Casa wrote:
Mon Aug 20, 2018 7:15 pm
"or was a national of that country."

https://www.gov.uk/government/publicati ... rces-set13
I believe the point above confirms the validity as your wife was a Thai national at the time of the divorce. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Micky44
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Joined: Mon Aug 20, 2018 6:31 pm
United Kingdom

Re: Re divorced in Thailand and visa for current wife

Post by Micky44 » Mon Aug 20, 2018 8:14 pm

Again thank you for the reply. But the then wife was not in Thailand she was in the UK and did not attend either of the two court hearings. So as I understand it I would of been classed as domiciled on the grounds that I entered Thailand April 2015 and left Thailand November 2017.
Regards Michael.

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Casa
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Re: Re divorced in Thailand and visa for current wife

Post by Casa » Mon Aug 20, 2018 8:33 pm

Casa wrote:
Mon Aug 20, 2018 7:15 pm
" either party was either habitually resident or domiciled in that country OR was a national of that country."

https://www.gov.uk/government/publicati ... rces-set13
Note the 'OR' in the sentence above.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Micky44
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Posts: 5
Joined: Mon Aug 20, 2018 6:31 pm
United Kingdom

Re: Re divorced in Thailand and visa for current wife

Post by Micky44 » Mon Aug 20, 2018 10:37 pm

Many thanks.

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