Recognition of Foreign Divorce for UK Citizens

In April 1988, the United Kingdom introduced amendments to its Family Law on the recognition of divorces granted to its citizens by foreign jurisdictions such as divorces granted in Thailand. The amendments set standards for the recognition of divorces obtained by means of proceedings, as well as those obtained by means other than by means of proceedings.

Under the new law, the UK shall recognize as valid an overseas divorce obtained by means of proceedings if:

1. The divorce is effective under the law of the country in which it was obtained; and
2. At the date of the commencement of the proceedings either party to the marriage was:
1. Habitually resident in the country in which the divorce was obtained; or
2. Domiciled in that country; or
3. A national of that country

On the other hand, an overseas divorce obtained by its citizens other than by means of proceedings shall be recognized by the UK if:

1. The divorce is effective under the law of the country in which it was obtained; and
2. At the date on which it was obtained:
1. Each party to the marriage was domiciled in that country; or
2. Either party to the marriage was domiciled in that country and the other party was domiciled in a country under whose law the divorce is recognized as valid; and
3. Neither party to the marriage was habitually resident in the United Kingdom throughout the period of one year immediately preceding that date; and
4. There is an official document certifying that the divorce is effective under the law of the country in which it is obtained (or where the parties was at the date of the divorce domiciled in another country, there shall be an official document certifying that the divorce is recognized as valid under the law of that country.

Divorce in Thailand

Thailand is home to thousands of British citizens. A good number of them have brought their families to reside in Thailand, while some have married Thais and established their families there. Following this, British citizens also find themselves getting their divorce from Thailand.

Thailand has both contested and uncontested divorces. These two are the equivalent of divorce obtained by means of proceedings and divorce obtained other than by means of proceedings. Both forms are recognized by the UK, as long as the standards enumerated above are met by the concerned parties.

In order for the divorce to be recognized in the UK, the British will have to prove that he has complied with the residency requirements of both UK and Thailand, and that he has properly observed all the rules and procedure for divorce in Thailand.

 

Category: Divorce, Family Law