petgunya

9 minutes ago, khunPer said:

That's for a Thai marriage, and property in Thailand; but seems like OP was already married in US, and that should to my knowledge follow US legislation, at least for any property in US.

 

Does anyone know how a divorce situation work with assets in two countries – I can hardly believe that Thai law shall be followed in US, or other countries, or that Thailand would accept to follow foreign law for domestic issues?

Shouldn't marriage/divorce be compared to inheritance and Last Will, where it need to follow local laws?

Speaking as a Thai lawyer I can tell you that a foreign marriage is subject only to the legal jurisdiction of the country in which the marriage was registered.

If the partners wish to register the marriage in Thailand, then that marriage and any subsequent divorce would be subject to the laws and jurisdiction of the laws of the Kingdom of Thailand governed under the Thai Civil Code and pursuant to the jurisdiction of the Thai Family Court.

Any Thai owned property by default is considered to be owned on a 50/50 basis (referred to as "SIn Somros"). This applies specifically to Thai property (including goods, chattels, jewelry, precious metals and cash) acquired after the marriage in Thailand but for clarity, any property previously owned by either spouse prior to the marriage should be documented. This is where a prenup comes in as being relevant.

It is quite a deep topic to cover although the fundamental principles are quite simple.

For anyone interested, I have written a brief PDF report which covers the topic from an overall perspective and should provide more clarity for anyone interested in determining the actual facts rather than having to rely up conjecture. It is a free report and requires no email registration to download. 

https://diamondrussell.com/wp-content/uploads/2020/05/Getting_a_Thai_prenup.pdf

I was there last Monday 19th August and got a 12 month Non-Imm "0" based on marriage. 

It was very busy but even so I didn't have to wait long. 

No 400,000 required, or any proof of funds whatsoever.

Simply presented all the required forms such as copy of passport ID page, marriage certificate, and kids birth certificate copies, Wife's Tabien Bahn and photocopy of her ID card.

This is the second  M/E Non-Imm "0" visa from Savannakhet since 2017. Both went very smoothly.

Paid 5,000 baht fee and then picked up the passport with new M/E Non-Imm "0" visa inserted the next day at 2.30pm after a 30-minute wait in the long queue. 

I may make a full report later. Certainly a very simple and no fuss/hassle process as far as I was concerned,

Hi all,

I have just come back from a successful visa trip to the Thai Consulate in Savannakhet  Laos which I wanted to share as a way of contributing to the excellent feedback and support that this forum always provides.

I chose Savannket consulate as I have heard on this forum that it is one of the most friendly consulates around. Also We have family in Ubon Ratchatani and so it made sense to head down there as its only about 2.5 hours drive from there to Mudkahan Friednship bridge into Savannakhet Laos.

I have a Thai wife and we have children born here. Previously I have had Non-Imm 'O' 12 month multiple-entry visas which have worked well. I am over 55 but cannot currently show 800kTHB or 400kTHB for either the retirement or marriage visa so I just go with the 12 month multiple entry and make the trip up to Masae once every 90 days. Its not a bad trip and I could now do it blindfolded if necessary.

So, our journey starts in Chiangmai where we live. We took a direct Air Asia flight from Chiangmai to Ubon which left last Tuesday at 12.05 and arrived at 1.30pm. Great flight and got us there very quickly. Return airfare per person was around $63USD which was only about $12 more than the bus fare so that part was a no-brainer.

Got picked up at the airport by my brother in law and straight to our accommodation in town by about 2pm to settle in nicely.

My brother in law lent us his car (great guy) so we could drive to Mudkahan next morning. He looked after our kids and took them to his  house to stay with the grandparents and family in our absense (they love it there and were well cared for).

Next morning (Wednesday) we left Ubon around 6.15am after filling up with petrol. We took highway 212 straight up to Mudkahan. The road was great, very smooth and no dramas. The turnoff for the friendship bridge is about 8klm north of Mudkahan off the 212 highway and well signed as "Savannakhet" so it cant be missed! We took that turn and about 300 meters ahead is the Mudkahan border control where we left our car (on the left just before the exit gates to the bridge and immediately adjacent to the immigration office where my wife got her permit to leave Thailand and enter Laos). Cost nothing to park the car there. Arrival time around 9am after taking a wrong turn and having to loop back. Total driving time from Ubon was around 2,5 hours.
Next we booked 2 tickets on the 9.30am bus which actually left early at 9.15am. Went through Thai immigration control no probs. The official told me that I could only re-enter Thailand via airport as I already had 2 walk ins over the previous couple of months. I explained that I was going to get a new visa in Savannakhet but she seemed too robotized for any kind of response and gave me a blank stare as she stamped my exit and handed back my passport (Australian). 
The bus across the bridge was pleasant. Quite full,.. and I noticed at least a half dozen expats on there.
Getting off the bus at Savannakhet side was fine and we could see the Laos entry gate booths ahead. A Laos uniformed official gave us both an entry/exit form to fill in. I filled this in and proceeded to the exit booth that my wife had already passed through, and handed the form and my passport to the officer who took a look at it and then handed it back and directed me to a window of an office behind and off to the left that had a sign over it "Visa On Arrival". So I rocked up there (window tinted dark and closed) and knocked on it. An officer opened it and asked what I wanted. "I want a visa to enter Laos please". He asked "Why are you coming to Laos?". So I just told him I was coming as a tourist and to visit the Thai consulate in Savannakeht to apply for a new Thai visa. He smiled and gave me an A4 sized plain paper form which I filled in. There was one section on there asking how I arrived at Laos (non of which included "Bus") so I just ticked "Car" and that seemed to work. Also had to name where I would be staying in Savannakhet, so I wrote "Avalon Residence" which we had pre-booked for $20USD for the night. There was another guy there from Spain who was having issues getting permission to enter as he had no re-entry visa or walkin credits left. That wasted 15 minutes of my time having to deal with the officer with this other guy at my shoulder arguing with the officer. 
Eventually I handed back the form and he asked me "Where will you stay in Savannakhet?" so I replied "Avalon Residence". He asked for a passport photo which I gave to him and then he said "OK.. you pay the money". I said "sure", expecting him to say $35USD for which I had the cash on hand, but he just smiled and said "Thirty US Dollars". Of course I didn't argue and just took the very welcome and unexpected discount.

Now I proceeded to the exit booth where my concerned wife was waiting as it was now 10.05am and the Consulate closing at 11am for visa applications. We got through the booth after a couple of minutes of the guy pouring over my passport and checking some kind of list on the wall (Naughty Person's List?). Eventually stamped me in and we walked through to the bus taxi area and were the only 2 people there apart from about 6 or 7 taxi operators all smiling and offering to take us to the consulate for 100baht each. My wife objected to the high price but the main guy (nice fella in a grey safari suit) told her that it wasn't expensive if we wanted to get to the Consulate on time and that we'd better get moving. We agreed and off we went in his airconditioned minivan. Rolled up outside the Consulate about 10.15am to be greeted by several smiling tuk tuk driver touts offering to get us application forms and photocopy of passport. We thanked them but already had all that prepared so we just walked in through the Consulate gates and up to the reception window. There were some other expats there. One English guy there at the office window  was freaking out and calling back to his Thai wife who was waiting,.."They want to see bank statements!" he said. At first I was a bit alarmed as I had bank statements but only to show sufficient funds and not showing anywhere near the 400kTHB for a Marriage Visa. He went off to one side having a tizzy-fit while his wife tried to calm him down. Meanwhile I got to the window and handed my application  form for a Multiple Entry visa based on marriage/family. I had attached 2 passport photos. My wife then interjected and asked the officer whether the visa I would be getting was a Marriage Visa or a Non-Imm 'O' Visa. He said "Non-Imm 'O' "same as was previously issued at Sydney Consulate" the year before. She asked him whether I would still need to cross the border every 90 days for a re-entry stamp or whether it could be done via 90 day reporting. He pointed out that in order to get a "Marriage Visa" we would need to show 400,000 baht via bank statements. He also pointed out that once we had this Non-Imm 'O' visa that we could apply to convert it into a Marriage Visa at our local Chiangmai Immigration office if we showed them the bank statement evidence. He was very friendly, polite and helpful. A real pleasure to deal with.

So we presented the following for the visa application:

1) Visa application form with 2 passport photos attached
2) My passport
3) Photocopy of front ID page of my passport,- signed by me
4) Wife's ID card photocopy (not notarised)
5) Wife's Tabien Ban book photocopy (not notarised)

6) Photocopy of Marriage Certificate (not notarised)
7) Photocopies (not notarised) of our kid's birth records.

No requirement to show any cash funds or bank account funds whatsoever.

I had taken bank statements and a copy of our residential lease but neither were required. I also didnt take a letter from my wife confirming that the marriage was still active as she was with me to vouch personally and could have written one out on the spot if required. Had she not been with me I would have needed such a letter just as was required by Sydney consulate when I went there alone last year.

The whole process took no more than 3 or 4 minutes. I handed over 5,000 baht for the visa and he handed me a ticket to collect my passport with new visa after 2pm the following day.

We exited the consulate and the same smiling tuk tuk driver was there to take us to the Avalon residence which was only about 1klm away. He wanted 50 baht each (100bht) but he agreed to 60baht when we politely objected to it being a but high. Rolled up at the hotel a few minutes later (now about 10.30am) and checked in. The reception was lovely. Nice lounge and cool too. The desk staff spoke very good English and confirmed our booking was $20USD or 680bht. We paid and got a receipt. Had to wait for our room so we went to the Avalon Cafe next door (run by the hotel). Had chicken salad rolls which were awesome, and the chilled latte was one of the best we had ever tasted. They took Thai baht but we got stung on their version of the exchange rate of 220kip to 1baht, which should have been 250/1 but never mind,.. the lunch was great and service very cordial.

Went back to the hotel and escorted to our room on the 2nd floor which was huge, clean, and had a king size bed ready. It was airconditioned and had a modern clean bathroom with great shower.

That night we walked down to the main road (where bus station) is, for a look around the market and got something to eat. All paid for using Thai baht (change given in Laos Kip).

Next morning we checked out around noon and left our luggage at reception while we went next door to the Aura hotel cafe for some breakfast which was great and not expensive. We then returned to the hotel and waited in the lounge. The smiling tuk tuk driver from the previous day was there to offer his special of the day which was a ride to the consulate and then onto the border, all for the bargain price of 100bht per person. So at 1.40pm he returned to pick us up and we arrived at the consulate around 1.45pm. Gates were shut and about a half dozen people waiting to get in. Then at 2pm the gates opened and we went in and queued up in an orderly line. Took about 5 minutes to get to the front. Handed in my ticket and got my passport back right away with a brand spanking new Non-Imm 'O' 12-month Muliple Entry Visa inside. 
Back out to the Tuk Tuk and off to the border gates. Went through without issue and bought bus tickets (50bht each) back across the bridge to Mukdahan. Bus came about 15 minutes later and took us across. Then filled in a new Thai entry form and entered Thailand no probs with a 90 day stamp. Had to put our bags though the Xray but collected on other side no probs and then walked across to the car park where our car was parked. Hopped in and headed back to Ubon via a casual stop for some shopping and some food. Arrived back in Ubon around 7pm.

All in all it was a very pleasant trip and  a lovely little mini-vacation for me and my wife, but I would point out here that anyone with a Thai wife expecting to go to Savannakhet to get a "Marriage Visa" will not get one without showing proof of funds. You will however get a Non-Imm 'O' 12-month visa without any show of funds (something that Sydney Consulate have never asked for either!).

Thanks to all who have at some stage contributed to these such posts that have been very supportive in my planning this successful visa trip. Special thanks to moderator Ubon Joe who is always very responsive and supportive with his vast knowledge on such matters. 

I have no doubt that we will be returning to Savannakhet next year once my current visa expires. It was far simpler and much more pleasant than our visa trip to Vientienne in 2007.