Hello,I am a 30 years old woman from Thailand. I got married with a Danish man living in Norway in July 2010. We got married in Thailand.I lived in Norway from August 2010 till January 2012. I went to the police in Oslo in Norway in January 2012 because he beat me.I came back alone to Thailand soon afterwards, in January 2012. I have been living in Thailand since then.I went to Norway in May for a few days to talk with my husband but he did not want to talk with me. And he does not want to come to Thailand either.What are my rights?And what should I do now?Thanks in advance for your help,Chanakan
HiThanks for your question and detail you have provided. For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-1. Can you explain a bit more about what “rights” you would like to ask about please? (eg. Divorce, right to remain in Norway etc_0Kind regards.Tom
1- With "rights" I mean:1a- "Right to remain in Norway if I divorce", 1b- "Money", not a big sum but enough to survive till I start a new life. I got married for love and did everything my husband wanted me to do. But, now, it is not easy to start a new life.2- Divorce?2a- Where should I divorce: Norway, Denmark, Thailand?2b- Where should it be settled if my husband do not want to talk?2c- One friend told me that the first step is necessarily to visit a "counselor" in Scandinavia, is that true?I remind you that there was domestic violence attested by a declaration at the police station in Norway.Thanks for your help,Chanakan
Hi, I suspect there will be other experts who can assist to both parts of your question. I will opt out for them to answer, but will keep an eye on it and give you a partial answer if no other experts assists in full. Please be patient. Kind regards,Tom
Dear Chanakan,
Thanks for your inquire.
I'm sorry to hear about your situation!These kind of things should just not happen!
I am honored to help you with my legal advice.
You should first know that according to International private law, your divorce proceeding has to be regulated by the law of the Country in which you and your husband have mainly resided as a couple. In your case, then, Norway.
If you want to separate from your husband in Norway, you first need to lodge an application for separation (only after a separation license you can divorce from your husband). Both kinds of applications are processed by the County Governor's office in the county where you live.
You can find more details of procedures at the website of The Ministry of Children and Family Affairs:
http://www.regjeringen.no/upload/kilde/bfd/bro/2000/0008/ddd/pdfv/258469-separation_and_divorce_-2005.pdf.
Moreover, you can download the application forms from the following official Norwegian website:
http://www.signform.no/dss/statlige-blanketter?view=forms&id=9
As for your right of residence, assuming that during your marriage you have been granted a residence permit for family reasons, in case of abuse from your partner (or husband) you do not loose your residence permit in Norway. You can apply for a residence permit on an independent basis.
As for your rights to receive money from your husband, you certainly have the right to ask for tort (on the basis of the damage that he caused you) and for a family allowance for the reason of separation. You should claim for these rights withing the proceeding of separation.
As you can see, your situation is quite complicated and you might need to contact a local attorney for the best protection of your rights. This is advisable specifically if you are in Thailand at the moment.
You can find a list of Family counseling offices in Norway at the following website:
http://www.norway.no/styresmakter/kvaliste.asp?id=45581
You can find there specialized legal advice for free.
I hope this answers your question. Please do not hesitate to RATE and ACCEPT my answer so that I can be compensated with the amount you have already deposited without any extra charge for you.
Of course, after you rate and accept it, I remain at your complete disposal for free should you need any further help and/or any further information.
I wish you all the best,
Tiziana