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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Yes I need some advice. My brother is married to a thai lady

Customer Question

Yes I need some advice. My brother is married to a thai lady and has asked her for a divorce in thailand (phuket) she refuses to give divorce. Does she had any legal rights here in australia to divorce him and take his money
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon, My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Is he in Australia? Does he have a marriage certificate?
Customer: replied 1 year ago.
He is still living in Thailand and his was married in Thailand not Australia
Customer: replied 1 year ago.
He is sending his daughters home to live here in Australia next week, they are 11 and 13 and are Australian Citizens.
Expert:  Leon replied 1 year ago.
Good Afternoon.I cannot assist with it for thailand but if he comes to Australia and is separated for 12 months he can apply and get the divorce here. He does not have to register the marriage here just show evidence of the marriage in thailand
Customer: replied 1 year ago.
But does he have to pay her any money.
Expert:  Leon replied 1 year ago.
In relation to a property settlement that is all dependent on how long they were together and what she contributed to the assets. If she wants a split she has to be here to make the application for a property split and this is separate to a divorce.
Customer: replied 1 year ago.
Thank you.
can see come to australia and apply for a divorce
Expert:  Leon replied 1 year ago.
Good AfternoonAll the best to him and You are very welcome and thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 1 year ago.
If his wife comes to Australia, can she apply for a divorce here
Expert:  Leon replied 1 year ago.
Good AfternoonOne of them has to be here to apply. A divorce ends the marriage. If you mean for her to get a share of the property then yes she can apply for a property split if she is here.