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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been to the Marriage Register in Blackburn UK, today

Customer Question

I have been to the Marriage Register in Blackburn UK, today with my wife to be, but we could not give notice of marriage because I declared I was once married in Thailand 19 1/2 years ago whilst on holiday. The girl was here in the UK when I met her and when I went on holiday with her to Thailand that the marriage happened.

I got married in an office but didn't understand much as it was in Thai from what I can remember and I had had a few drinks four courage, but 2 days later at that time I flew home and after writing to each other for a 9 months and never seeing each other, I finally flew over to end it as I had no contact from her for weeks !! WHen I saw here She made it clear she didn't want to come to the UK and wanted it to end also. However, I also found, to my horror and disgrace that she had been selling herself as a prostitute and I saw lots of letters in her apartment from lots of different men, and photos, to prove and confirm this. We had a big fall out and I left.

I saw my solicitor when I returned angry in aprox 1994 asking what did i need to do to get divorced, and he said, I'm not married, it was only 2 days, i'm not on a marriage register in the UK and nothing to worry about.

He has since died, now I'm in a mess.

The register office today said however, if I had a letter from a Solicitor stating the following , they could proceed and I could marry:-

The marrieage is invalid
The Marrieage is annulled
It was beleived not to be in a legal format
no contact since the marriage
and she's never tried to get in touch since
not consummated

Please, Please can you help, I need this letter like yesterday and I cannot have this past tragic part of my life after what she did to me prevent me from marrying my dream woman.

I eagerly wait your help

Thank you

Craig
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
Unfortunately no UK solicitor one can write such a letter unless they can see the Thai paperwork and confirm it.
I am veru sorry but you will need to seek advice in Thailand - or obtain a divorce if you wish to marry your partner
Claire
Customer: replied 3 years ago.

I can't believe this, no contact all this time and no consummated and I'm married ?


 


What paperwork must I have ?


 


We have never divorced, what If I can't find her. what if she likes my English name and won't divorce, or now blackmails me for money ?


 


Thank you


 


Craig


 

Customer: replied 3 years ago.

Surely finding your'wife' to be a prostitute and no contact for over 19 years is pure grounds for annullment ?


 


Thanks


 


Craig

Expert:  Clare replied 3 years ago.
Hi
No I am afraid it is not necessarily grounds for annulment - and in any event the Court process is much the same anyway.
You are entitled to a divorce based on the fact that you have lived apart for more than five years - you will have to at least take steps to try and trace your ex - but if you are unable to do so you can ask the court to go ahead and dispense with service of the documents upon her
Claire
Customer: replied 3 years ago.
Please can you be clear. , what if I do find her and either she won't divorce me or will if I pay money ?

Please also confirm I have grounds on her turning to prostitution but if I didn't need to use this, simply the time is enough.

Also she never came to the uk and never Lived with me even when in uk.

Looking back I was 22 and stupid, but was in love.

Can she have any claim to any of my asserts, and if refuses what can I do ?

That's if I find her .

If I don't you say serve papers on her, sorry didn't understand ?


Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
You can base the divorce petition on the fact that you have lived apart for more than five years - there is no need for anything else at all - and there is no defence to it so she cannot prevent the divorce.
In general a divorce can only go ahead when you can prove that the other person has seen the paperwork - but if you can show that you tried to find her but failed the divorce can still go ahead.
She has no financial claim on you given the circumstances
Claire
Customer: replied 3 years ago.
Hi Claire,

That's brilliant news !!

Well at least your last message made me feel better, as I was worried I'd be stuck like this for life.

If it is no chance she could not contest a divorce, she may have done this to me already ??

But if she has no financial claim and no chance of contesting it, I am basically single , awaiting paperwork from someone I can't find ??

So I just need a letter explaining thus and that I free to marry, so I can give notice, my wedding is 30 th June so plenty of time to sort the paperwork behind the scenes if you catch my drift.

I just can't give notice without the letter and everything is arranged for 30th.

Only because I've been honest that this is known, so can I jus get a letter and do the other before I actually get we'd, it's a mere help and no doubt it will not happen.

Please ,please help

I remember her name as GAO , but beyond that its 20 years ago .

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
I am sorry but in fact you are not basically single - you are in fact still married and it is highly unlikely that you will be able to complete a divorce in time for 30th June - especially as you will have to instruct an agent in Thailand to get you a copy of the marriage certificate
Your first step is to get a lawyer in Thailand to find a copy of your marriage certificate - or confirm that there is not one and you were not married.
They will also need to take steps to try and trace your "bride".
Once you have this you can start the divorce proceedings - but this will take between three and four months
Claire
Customer: replied 3 years ago.
Hi Claire,

A few definite answers please.

1. Will I definitely be able to divorce, even without finding her or having marriage cert, ( I have found her Facebook though !! )

2. Can I divorce or annual from Uk as I don't want to go to ThailAnd !

3. Can she have any claim on me or my asserts

4. How long will it take and how much ?

5 as you've been so helpful can you act for me on this ?

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
1. You can get a divorce without finding her - you WILL need to get a copy of the marriage certificate (if she is on face book have you considered finding out if she has already got a divorce)
2. You can apply for a divorce here in the UK
3. Given the short nature of the relationship there is no realistic claim she can make
4. Three to six months - if you can get the certificate you can do the forms yourself - the court fees are £400
5. sadly we are not allowed any contact outside of this site!
Claire
Customer: replied 3 years ago.
Hi Claire,

I went to a solicitor yesterday , and I gave my marriage notification that I did 4th Oct 1993 at the British Enbassy in Thailand, forgot I even did such a thing, also I gave her Facebook and LinkedIn pages showing where she works on Thailand. But I have no marriage certificate anywhere.

She said I can apply for divorce here in the UK but said that as my wife she can still have financial claim ???, I'm so hoping you are correct in this matter.

Also I see online that if I marry in Thailand I must divorce in thailand , so I hope that's wrong too !

I'm really really stressed and want this over with quickly,£400 small price to pay !

Please clarify these two points, I believe you're the expert !!
Thank you

Craig
Customer: replied 3 years ago.
Hi Claire,

I know it's not classed as legal in the UK, but my wide to be is Saudi Arabian and wants to still marry me Islamic way until we can legally go for notice of marriage and civil in UK.

She knows all of this, would this be breaking our law ?

I've seen a website ' quickie divorce ' is this an option ?

Are you still sure I don't have to go to Thailand to divorce ?

Thank you

Craig
Customer: replied 3 years ago.
Hi,

Don't know if it matters at all but I reverted / converted to Muslim feb 2013 before any of this came to light.

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
That makes no difference at all I am afraid
Claire
Customer: replied 3 years ago.
Sorry, what was this an answer to ?
Expert:  Clare replied 3 years ago.
Hi
Sorry I only saw the last query not the previous one!
You can indeed have a religious ceremony and it is not illegal in any way.
You definitely do not need to go to Thailand - but it woudl not be advisable to use an on line site because of the complications in your case
Claire
Customer: replied 3 years ago.
Hi Claire, Just to be absolutely clear Claire,

Now I'm a Muslim, if I marry in a Muslim way in Islamic tradition, I am breaking no laws and as long as I divorce 1st before I marry in Civil way I'm free to marry this way later on in a simple registry office ?

I will sign to be married as a Muslim but they can multiple marry anyhow ?, I won't be choosing to obviously, I've found my future,

What do you advise if ink ow know where she works and I have Facebook, do I contact her ?, or Thai embassy in London, and my solicitor still says she can claim financially, how do I stop this ??, she might not do, I may already be divorced but I need to know how protected I am, even if marriage was consummated, although I don't think it was ..we were with family so much at that time etc. the grounds us distance and time, yes ??, not even prostitution cos going through that would be he'll for her too !?

Thank you so much for all your help, you seem to understand

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
You are entitled to go through the Muslim Ceremony - it is not recognised as a Legal marriage so you will have done nothing wrong in law.
It is worth contacting her to see if in fact you are still married - you could save a great deal of worry if it turns out that you are!
Technically she could make a claim but the brief nature of the relationship and the fact that you were never financially linked means that it is unlikely that the court would grant her anything even if she can be bothered to come to the UK to try and apply for it
Claire
Customer: replied 3 years ago.
Claire, you are brilliant, so she will have to come to UK to claim then ?

Also she can't claim after the divorce ?

If I contact her will that te open our marriage I'd you know what I mean, or shall I just check through Thai embassy in London and at same time get a copy of marriage cert ??

Can you recommend someone to do this please, if you can't ??, I wish you could .

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
The marriage is not closed unless there has been a divorce - so there is no harm in simply asking her if there has been a divorce.
The Thai embassy will not have any information you will need to cpntact a lawyer in Thailand - there is one here
http://www.siam-legal.com/litigation/thailand-legal-services.php
and others listed here
http://ukinthailand.fco.gov.uk/resources/en/pdf/2011/list-of-lawyers-130313
Claire
Customer: replied 3 years ago.
Hi Claire,

I've been on their websites and they are saying both that I have to to Thailand so I'm now very confused?

Also I have friend who lives in Thailand and said none of the lawyers are to be trusted if they know its uk or ' fee rang' they will drag it out through the court and charge me fortunes and always side with a Thai.

Please what do I do then ?

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
If you still have a friend in Thailand you can ask him to get a copy of the Certificate for you - problem solved!
Claire
Customer: replied 3 years ago.
Hi Claire, yet the websites you suggest say I have to go to Thailand ?

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
The only reason you needed a lawyer was to get the certificate - if you have someone else who can do that you do not need a lawyer
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Claire,

Sorry that doesn't answer the question why the two lawyers in Thailand you did suggest say on their websites that if I marry in Thailand Iust spear in court in Thailand to divorce ??

I will try to find or get a copy of the cert

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
Because they want your money?
Or to be kinder because they are not aware of UK law.
Do not worry you can divorce her here in the UK and all will be well
Claire
Customer: replied 3 years ago.
Thank you, so much, finally for now, how sure are you that I can definately get divorced and won't be breaking the law if I marry as Muslim in Islamic way , obviously in the UK, but before I get this hell sorted ??

Also what do you specialise in as an expert for my peace of mind, and how legal is the advice, I just hope everything you've said and done for me works, and I would honestly like to buy you a gift !

Please don't be offended.

Craig
Expert:  Clare replied 3 years ago.
Hi
You are certainly allowed to go through a Muslim Ceremony here in the UK if you so wish - there is no legal force to it so there is no law broken
I am a family lawyer in the East Midlands!
Start by getting your friend to get the copy certificate - and try and get an address for your ex.
Then issue the petition - and send the papers to your friend and get him to get the papers served on her by a professional process server and get an affidavit confirming service
Apply for the Decree Nisi
Claire


Customer: replied 3 years ago.
Thank you, I'll do my best , have a good weekend!

Craig
Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Claire
Customer: replied 3 years ago.
Morning Claire,

I just received this email from my solicitor who I'm going to request the divorce etc from, she is a trainee solicitor....


If you get in touch with her now then it wouldn’t affect the 5 years'
separation. It wouldn’t have to "start again" just because you have got back
in touch with her. However, I will leave this up to you as to whether you
contact her.

It doesn’t matter that you have changed religion, you are still married so
will be committing bigamy if you do not divorce before you re-marry. The
divorce needs to be finalised by way of decree absolute before you are able
to marry again regardless of religion.


So I'm worried who is correct, she says if I marry I'm committing bigammy.

You can tell I need an absolute on this matter. I need a letter on solicitor letter headed paper stating I'm free to do this so I have no come back, just this, can you help or ask someone to do so ?

I want to marry, I don't want to break the law !

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
I am sorry but I cannot see the confusion.
You clearly understand that you are still married and as such cannot go through a legal ceremony here in the UK at the Registry Office
However if you go through a Religious Ceremony alone (as Muslims sometimes do) then that is fine - it is not a legal marriage and there is therefore no bigamy
Claire
Customer: replied 3 years ago.

Hi Claire,


 


That's what I understood from you , but my solicitor says otherwise, can I get a letter from you please to ease my mind and proove I did look into it and check, incase any of my fiance's family are upset with me, I don't want to lie or deceive them , or make a joke out of the marriage.


 


I also don't want to get arrested or thrown in jail !


 


It's a sensitive subject , and all I really will need your help on now, because your'e the expert.


 


I just need it , please ?


 


Thank you


 


Craig

Expert:  Clare replied 3 years ago.
Hi
I though you said that it was your fiancee who suggested the Nikah (religious ceremony)
Claire
Customer: replied 3 years ago.

Yes it was, it's my solicitor who says I cant


:(

Expert:  Clare replied 3 years ago.
Hi
No your solicitor is referring to a Legal Ceremony - not a Nikah
Claire
Customer: replied 3 years ago.
No she isn't, I explained religious Islamic , that was her reply which now scares me
Expert:  Clare replied 3 years ago.
Hi
It may well be that this young lady does not understand the difference between a religious Nikah and a Nikah preformed by an Iman who is also a Registrar.
Unless there is a Registrar present a Nikah has no legal force - as you local Iman would certainly explain if you asked him to
http://muslimmarriagecontract.org/registration.html
Claire
Customer: replied 3 years ago.
Hi, it would be performed by the local imam, and we will sign the registry Islamic style, so does this mean she's right ?,

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
You need to speak to you Imam and confirm that it is only a Religious Ceremony that you require - not a Civil one - and he can act accordingly
Claire
Customer: replied 3 years ago.
Oh wow, that will make him suspicious, so a civil one would be illegal then ?, but religious ok ?

I thought all Muslim / Islamic weddings are not legal in UK .

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
Some Imam's are authorised to act as Registrars - but most are not
A Religious ceremony would be fine - one preformed by the Imam also acting as a Registrar is not
Claire
Customer: replied 3 years ago.
Ok I'll check, could I get this in writing, I'm happy to pay :), I have to prove I did everything correct and there was nothing wrong with marrying this way :),

Thank you so much

Craig
Expert:  Clare replied 3 years ago.
Hi
You need to speak to Imam who is preforming the ceremony
he will explain the legalities to you - they are well aware of the issues involved
Claire
Customer: replied 3 years ago.

Hi Claire, ok thank you


 


Is it at all possible that she could have divorced me without me knowing ?


 


eg, noone served papers on me ?


 


Also, if she changed her name to re marry, even if illegally, does that make me divorced , if so how do I prove that ?


 


Thanks


 


Craig

Expert:  Clare replied 3 years ago.
Hi
Nothing is impossible and if she has divorced you in Thailand then you may not have received paperwork.
However you cannot simply hope this is the case - you have to check
Claire
Customer: replied 3 years ago.

Hi Claire,


 


I will, I will check, but what evidence could I get ?


 


Thanks


 


Craig

Expert:  Clare replied 3 years ago.
Hi
A copy of the final decree is necessary
Claire
Customer: replied 3 years ago.
Hi Claire,

I am struggling. I now have her original name off a bank transfer from 6/10/1993 but after being in touch with the British embassy in Bangkok they cannot help me any further to find out If I'm divorced or to obtain a marriage certificate.

I have contacted x 2 Thai lawyers but don't trust them and they both say they need her Thai ID number to proceed. I don't have this!

I remember you said I can divorce her if cant find her.

So what can I now do.

My sister got divorced with house and children in 3 months.

My solicitor says mine is extra complicated so will poss take 12 months !!

What can I do please ?

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
Have you asked your friend to get a copy of your Marriage Certificate?
Have you sent a message to your ex on Facebook?
Claire
Customer: replied 3 years ago.
Hi,

Without her ID number, which I haven't got even the Thai lawyers can't get a copy cert or see if I'm divorced. My sister tried to contact on Facebook, no reply. I've even been to the house of a suction that sponsored her uk studies and lived with him and he was less than helpful.

So now I can't get in touch or find her, and think she works at a company in Bangkok, and her sister too.

So now what do I do.

I remember you said to try and get in touch but don't need to to divorce,

If we can file for divorce now, how, and if find out already divorced it won't matter anyhow ??

Please advise as my solicitor is not filling me with confidence saying if I can't find her or a marriage cert copy , it could take 12 months !!

Please do your magic ?

Thank you

My mobile is 07788 297218

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
You have to get a copy of the marriage certificate so you need to ask your friend to concentrate in that - without it you face a serious problem
Claire
Customer: replied 3 years ago.
Hi Claire, dare I ask, what serious problem ?

I appreciate your straight answers, can you give me some options ?

The embassy can't help me and the lawyers x 2 need her ID number so am I screwed !?!
Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
You need a marriage certificate or some evidence of the marriage - photos or something similar in order to actually issue a petition.
Are you sure that your friend cannot find evidence of your marriage at all?
Claire
Customer: replied 3 years ago.
I have wedding pics at the registry office holding the actual marriage certificate and pics afterwards when we dressed up for photos , I have the date and our names, just nothing else, my friend is now on Hong Kong and even though I've asked for his help he will face same barriers I'm getting, I could email you what I have ?

I even have the form signed by me 4th oct 1993 saying I'm free to marry , thus was done at British embassy Bangkok, and I gave a credit note of monies paid to bank of Ayudhya limited on 6th oct from my mum on UK, sending us money, everything but the certificate !!!!

So frustrating.

Please help

Craig
Expert:  Clare replied 3 years ago.
Hi
Excellent news.
So you will need the photos and the letter saying you cannot trace the Certificate without her ID number.
Armed with those it is all possible - more paperwork and fees than usual but still possible - and maybe sorted within a few months
Claire
Customer: replied 3 years ago.
I need you to sort or someone you strongly recommend, my solicitor keeps saying no cert, no divorce

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
I will look into it for you
Claire
Customer: replied 3 years ago.
Thank you so much
Expert:  Clare replied 3 years ago.
Hi
You can issue a Petition without a marriage Certificate - but you will also need to apply for permission NOT to file a Marriage Certificate.
This should be submitted with an Affidavit detailing all the evidence of the marriage that you have and also detailing the difficulties you have had obtaining a copy.
Of course you will have to also make a separate application for leave to dispense with service
You can find experienced divorce solicitors on the web site www.resolution.org.uk
Claire
Customer: replied 3 years ago.
Hi Claire, amazing, is thus the light at the end if the tunnel I need ?

Please can you list exactly what I need to ask for legally and layman terms what they are



What fees should I encounter so I don't get overcharged.

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
You need to make a complicated application for
1. Leave (permission) to Petition for a divorce with out a Marriage certificate
2. Leave to dispense with service on your ex
3. A Petition based on the fact that you have lived apart for more than five years.
I suspect the lawyers fees woudl be in the region of £1000 plus court fees
Claire
Customer: replied 3 years ago.
Hi Claire,

Belt and braces now as a major development has occurred.

I received a call from the solicitor who sponsored her back in 1992/3 after ID been to his house and he'd said nothing he could do !!

He has given me her email address and she is expecting my email !!!

This is what I sent :

Hi Kao,

Well it's been a very very very long time.

I hope you are well.

I'm doing ok, still selling cars, except not that many as the world is not the same now :)

I went to see Richard Hook as I don't know if we are still married ?

Do you have a wedding marriage certificate?

Can you remember where we got married ?

I found you on face book but you have a completely different name now, ie Napatsorn Wutthichokworapat ?

If you divorced me its understandable ?

I mean you no harm at all, we both remember we were both very very young and after 'what happened' last time I saw you , I know there would be no more us.

I guess we both need to get on with our lives again.

I hope you can let me know about you, and I wish you well.

I look forward to hearing from you.

Thank you

Craig



Sent from my iPhone




But what if he invites her over to stay at his house so she can challenge me for money , he really has never liked me !

What realist claim could she have financially?, would this delay a divorce ?

Can I defend and win ?

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
The length of time you have lived apart and the fact that you have never actually lived together means that her financial claims on you are very very limited - indeed almost nil.
In fact if she was over here it woudl make it EASIER to get the divorce
Claire
Customer: replied 3 years ago.
Hi Claire,

I hope this helps to prove my marriage and my situation and she's now told me where she works so I have the address to serve papers on her, even though I can't find a marriage cert, she says there is one and has responded to my email as follows :


Dear Graig,

How are you? I'm fine. Yes, it's so long long time which we haven't contact each other.
Since last we met in BKK I have been working as many companies.
I was an order taker in a 5 stars hotel "Pan Pacific hotel", a Customer Service of Singapore & Korean owner.
Also I was working in a big company "Schneider" as Purchasing.
Now I'm working in a local company as the same position which so close to my house at Prathumthani.

I remember all very good of our relationship from started till the end.
I'm so sorry about all the things happened.
Yes we still married. I've never got married which any one, in my life. It's only you and the last.
My son & I just changed name & surname about end of Jan 13 for "LUCK" only.
Yes I keep marriage certificate, why are you asking? Are you asking me for divorce?

I also looking you thru youtube & Facebook many times.
It seem you're very happy with you girlfriend.

How is you mom & dad? Are they have a good health?
Could you say hello for me. Thanks

Kao.



> Subject: Hello
> From: [email protected]
> Date: Mon, 25 Mar 2013 13:02:05 +0000
> To: [email protected]
>
> Hi Kao,
>
> Well it's been a very very very long time.
>
> I hope you are well.
>
> I'm doing ok, still selling cars, except not that many as the world is not the same now :)
>
> I went to see Richard Hook as I don't know if we are still married ?
>
> Do you have a wedding marriage certificate?
>
> Can you remember where we got married ?
>
> I found you on face book but you have a completely different name now, ie Napatsorn Wutthichokworapat ?
>
> If you divorced me its understandable ?
>
> I mean you no harm at all, we both remember we were both very very young and after 'what happened' last time I saw you , I know there would be no more us.
>
> I guess we both need to get on with our lives again.
>
> I hope you can let me know about you, and I wish you well.
>
> I look forward to hearing from you.
>
> Thank you
>
> Craig
>
>
>
> Sent from my iPhone
Expert:  Clare replied 3 years ago.
Hi
Just to check - is the son she refers to your child?
Claire
Customer: replied 3 years ago.
Hi,

No it's her son, I found out when I went to Thailand , he was already about 5,

She is in touch and I'm still trying to get a copy of cert from her gently.

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
Excellent idea - and if she doesn't wish to part with the original perhaps she will give you enough information to get a copy!
Claire
Customer: replied 3 years ago.
If she doesn't or won't agree to a divorce, what can I do ! V
?

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
Then you are back to where you were - although you can ask the court for leave to serve the petition via email (it can be done) and you can use her emails as evidence of the marriage
Claire
Customer: replied 3 years ago.
Hi Claire,

She is claiming she still loves me and that ahe asked me for a divorce aprox 18 years ago, I vaguely remember her calling me at work for something and after what had happened I said j wasn't interested.

She can't say no to this divorce?

She says will send me a copy of marriage cert but keeps asking why, do I want to re marry ?

I've just said I find it hard to trust again and I want to get on with my life as she should too ?

If I don't get this copy, do I or my solicitor apply for leave via email ? I want to warn her of the divorce do she can cooperate ?, is this best ?

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
I think you are handling it very well - wait ans see what you get before you decide what to do
Claire
Customer: replied 3 years ago.
Hi Claire,

I have a scanned copy in Thai of our Wedding certificate ( hope it's the real one, not a scam) and enough emails to confirm we were married all that time ago and we haven't seen each other for 19 years or been in touch for 16 years after she called me at work once.

I haven't got her consent yet to the divorce but even now if she says no , or she wants money, can I divorce her ??

From UK ??

How long if she consents??

How long if she doesn't consent ??

Can this all be done by email now ??


Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
You do not need her consent.
You need to use the copy that you have to get an official copy from Thailand - which is what you need
You can find out more here
http://www.thaivisa.com/forum/topic/310550-marriage-certificate-where-do-i-go-to-get-a-copy/
Once you have that (and her address) you can issue the petition - you can even do it yourself.
You then need to get the papers to Thailand and get the papers handed to her in person.
Once you have evidence of that you are almost there!
Claire
Customer: replied 3 years ago.
Wow, but I do need an original copy still, the email is not enough evidence ?

I don't have her address, she won't give it after asking several times??, but do have where she works,

I thought I could divorce petition via email ?

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
You do need an Original copy - the email is not enough unless you can prove that you cannot get an original copy - so in this case you need to get it.
If you know where she works get her served there - this is the quickest most effective way of achieving what you want.
Claire
Customer: replied 3 years ago.
Hi Claire,

Can I use online Quickie Divorce website now ?

All I have is a transition from her and work address. She will not agree to the divorce, as she's stated in her emails and feels bitter I wasn't Interested in her life or giving her a divorce in the past so why should she now.

I guess she won't sign either.

I've done e everything I can now. I have located a copy from the Thai district office and will arrange its collection as soon as I can get someone. They will not post it to me and I think it's only a photocopy anyhow, the scan is probably better, and the emails are proof of marriage.

So what now, please set out steps and official times we have to wait.

Thank you

Craig
Expert:  Clare replied 3 years ago.
Hi
No I am afraid that the one from Thailand is the one that you need - then you will need to get it translated.
I have said it before but will say it again you DO NOT need her consent to the divorce all you will need to do is send the papers to a process server and get them served personally on her - once you have the evidence that that has been done the divorce will go ahead.
It is unlikely that any of the Quickie Divorce Websites will cope with this complication.
The form that you will need is a D8 and once you have the Marriage Certificate and Translation it is easy to fill in.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008-eng.pdf
You ask the court to send you the papers for service.
You send them to the Process Server.
He sends you evidence of service and you send that to the court.
21 days later you can apply for the Decree Nisi.
Six weeks after Decree Nisi you apply for the Absolute
Claire
Customer: replied 3 years ago.
Fab, and serve her at work ?

Who actually walks in and gives to her, postman, sorry just not grasping this bit ?

I may have a contact through a friend that works for Hewlett Packard z d they have offices in Bangkok.

They will hopefully get the copy for me, getting it translated is no problem, I guess this has to be an official translation, and then I'll sorted :)

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
You can indeed employ a process server (not the postman) to serve her
Claire
Customer: replied 3 years ago.
Hi Claire,

Will my solicitor be able to emit a person to serve papers ?

She still says can take 12 months?

And you make it sound simple. ?

I like your version obviously :)

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
If you have contacts out there they can find the name of someone to do it - it is simply a matter of getting it all in place
Claire
Customer: replied 3 years ago.
Can this person be anyone, or have to be a legal rep or lawyer ?

Thanks

Craig
Expert:  Clare replied 3 years ago.
Hi
No you need to get someone whose job it is as then you will get the right paperwork to prove service
Claire
Customer: replied 3 years ago.
Hi Claire,

I have now received her home address a d she soy des like she will agree to sign etc. once I've got the copy cert from Thailand and fill in the form you sent ref divorce, do I still need to have her served?

Can I recorded divert and enclose a ore paid envelope ?

As long as she agrees that is, or is 'serving' part of the process ?

Also it asks for any children on the form.

He is now 25 or 26 and not my son, but when I married I was trying to adopt to bring him over, can't if did ? Or did my marriage make him an adopted son?

Thanks

Craig

Expert:  Clare replied 3 years ago.
Hi
You do not have to refer to her son on the form.
You must ask for the papers to be sent to you for Personal Service and you must then arrange for it to be done by a Process Server personally.
Once you have done that you will be only about 12 weeks away from being divorced!
Claire
Customer: replied 3 years ago.
Hi Claire,

Who do ask regarding the 'papers for personal service'

And not meantioning the son of hers, I only met him for a few days when he was 5, thank you

Expert:  Clare replied 3 years ago.
Hi
When you send the papers to the court ask them to return the paperwork to you to serve personally on the Respondent
Claire
Customer: replied 3 years ago.
Hi Claire, I bet you'll be glad when this is all over, you've been such a rock.

I'm going to hire John Lewis of Anglo Thai Legal, in Warrington Cheshire. They have seen the scanned copy and spoke to Embassyvand have said they can verify and legalise it so we have systems go. They will prepare all the paperwork and saying all things same as you aprox 2 to 3 months etc divorced. And she'll have to come to UK to challenge financials but has no grounds, just as you said.

They will serve her from their Thai office and specialise I. My kind of case, all in £1100 + vat plus £340 court, that includes all calls and postage etc..

Hope this sounds ok to you

Cheers

Wish me luck

If you know something about them I should know, let me know please ?

Craig
Expert:  Clare replied 3 years ago.
Hi
That sounds excellent - and fast - I wish you good luck and am pleased you have found a way through!
Claire
Customer: replied 3 years ago.
Hi Claire,

I'd just like to say you've been fantastic help and a real peace of mind in this difficult time. I know have her agreement for divorce and even have her mobile number so they can call before they serve.

If she signs on the spot when they serve is this good or can she retract it ?

Otherwise the divorce papers are in and awaiting court seal etc .

In your opinion they won't ask me to go to Thailand as no marriage was lived in UK ?

Otherwise I'm sorted, thank you do much

Craig
Expert:  Clare replied 3 years ago.
Hi
Do not worry you will not have to go to Thailand and all will be well
Claire

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