Divorce and remarriage, strange scenario

[The Fat Controller]

If a US citizen divorces his Thai wife at the local amphur and then wants to marry again immediately, is the divorce document sufficient evidence of his single status to be able to remarry at the same place ?

[Preacher]

No, although it might be you would officially be required to get a new affidavit to show that you are single from your embassy, have it translated and certified, together with the divorce  papers.

 

Check the legal consequences of divorcing and marrying again with the same person carefully. Not sure why you want it, but be sure you get what you want out of it. Tricks do not always stand up in court. 

[The Fat Controller]

Slight confusion from my post,sorry.

The newly divorced man wants to marry someone else as a matter of urgency.

Just wondering if, as the amphur has just done the divorce it is obvious he is single and free again, why is it still necessary to do the affirmation etc ?

Due to illness, travelling to and around Bangkok is problematic.

[Preacher]

Bureaucracy dictates that he has to show the paperwork from his embassy. One could always try to convince the amphur, but suspect they will want to cover their backside and follow the rules.

[flyingtlger]

2 hours ago, The Fat Controller said:

The newly divorced man wants to marry someone else as a matter of urgency.

Sounds like the guy must have been 2 timing.....

[The Fat Controller]

1 hour ago, flyingtlger said:

Sounds like the guy must have been 2 timing.....

No, sequential relationships, time is of the essence due to his health issues, simple as that.

[Colabamumbai]

Amphur Ban Lamung told me 2 weeks ago when trying to register marriage, with all the documents, "We must send all the documents back to MFA to ensure that they are authentic, we will call you when we get the documents back".   No trust in the government agency that issued the documents. Corruption at Amphurs issuing false documents.

[catman20]

If a US citizen divorces his Thai wife at the local amphur and then wants to marry again immediately, is the divorce document sufficient evidence of his single status to be able to remarry at the same place ?

 

 

i would say he would require a sanity document to start with.

[johnson36]

3 hours ago, The Fat Controller said:

No, sequential relationships, time is of the essence due to his health issues, simple as that.

I guessed this was the reason, he wants to make sure everything he owns goes to the right person when he is no longer around. Very sensible. If is is not done right the ex-wife will still get the lot.

[connda]

              ^^^^^^^^^^^^^^

Troon, Scotland, UK
I'm assuming you're posting this request for info for a US friend? 

 

[Aussieroaming]

7 hours ago, flyingtlger said:

Sounds like the guy must have been 2 timing.....

Sounds like you are wrong

[beano2274]

also I would think that his Extension of Stay (if based on marriage) would be void as soon as he got Divorced, I would think he would have to get a new Visa before remarrying!!

 

But maybe one of the many experts will come along soon and clarify this

[Russell17au]

Even though your friend is divorced in Thailand he must still get the confirmation to marry from his embassy and then all the documents translated to Thai and lodged with Thai MFA. This took mine 4 days from embassy to receive documents from MFA.

[BTB1977]

Read some where thais have to wait 310 days before getting married again. Do not know if this law applies to farang?

[heybuz]

i was also under the impression you have to wait 1 year and 1 day in thailand.

[Preacher]

9 hours ago, BTB1977 said:

Read some where thais have to wait 310 days before getting married again. Do not know if this law applies to farang?

Not completely right. A woman has to wait 310 days before she can get married again after a divorce. 

 

Easy to override, simply get a doctors certificate that she is not pregnant or permission from the courts.

[The Fat Controller]

@ubonjoe, can I call on your wisdom regarding his permission to stay.

 

He renewed his permission based on marriage to the wife he has just divorced, but still has around 10 months remaining, so where exactly does he stand ?

 

 

[Preacher]

When he divorced his reason to stay in the country became invalid and he had to leave the country the same day. Officially he needed to cancel his permission to stay and is now on overstay. 

 

Best he leaves the country ASAP and gets a new visa in a neighbouring country, for example based on retirement. Unless he divorced only a few days ago, then he can change his reason to retirement if he qualifies for that at his immigration office.

[thaiexpat1973]

5 hours ago, The Fat Controller said:

@ubonjoe, can I call on your wisdom regarding his permission to stay.

 

He renewed his permission based on marriage to the wife he has just divorced, but still has around 10 months remaining, so where exactly does he stand ?

 

 

His visa is invalid happened to me 2 years ago. As soon as you are divorced your visa is cancelled if your extension is on the basis of marriage. Thankfully immigration seen it was a genuine mistake and that I have family here so they arranged for me to leave Thailand get a new passport and come back in with a new passport/visa without being blacklisted. (no fees involved) To my amazement.

 

Tell him to sort this now or he could be blacklisted from Thailand.

[The Fat Controller]

Thanks for the info, we had lunch at his ex wife's house today and I had the dubious pleasure of speaking to him on the phone.

When they divorced, they only got the printed divorce certificates but his lawyer in the US needs a copy of the signed agreement they completed at the amphur, neither were offered a copy...

Even if he had it, not sure what his lawyer could do if it's in Thai, but that's his problem.

As you all now realise, we are friendly with the ex wife, not him, he is a verbally abusive womaniser who just will not listen.

Once again, thanks for the advice and information so far, but some people seem to be beyond help.

 

[The Fat Controller]

The saga continues, US idiot managed to get a copy with the signature from the amphur.

He has yellow book, in his possession, with address of ex wife, she doesn't want him associated with her at all, can she do anything to remove the link without him being involved ?

As for his immigration status, if she decided to tell them they have divorced (don't think he will do it) what is likely to happen ?

[Preacher]

She should be able to remove him from the yellow tabien baan as he is no longer living at her address and she is I presume the owner of the property. Just talk to the amphur.

 

If his ex-wife reports him to immigration they will become aware of his overstay. It means he will have to pay a fine and leave the country. If he is on overstay for longer than 90 days he will be subject to a ban for entering Thailand again, the time of the ban depends on if he reports himself to immigration or he is picked-up by immigration and how long he is on overstay.

[The Fat Controller]

Well, he went to immigration in his wheelchair, he is very unwell.

He explained his situation and apparently he has been given two weeks to sort out his status.

Only getting sketchy second hand information, so not sure if he is trying to marry his new lady and stay on a marriage extension or revert to retirement.

 

[Mattd]

On 6/15/2018 at 3:36 PM, The Fat Controller said:

When they divorced, they only got the printed divorce certificates but his lawyer in the US needs a copy of the signed agreement they completed at the amphur, neither were offered a copy...

Even if he had it, not sure what his lawyer could do if it's in Thai, but that's his problem.

He should have been given a copy of the agreement that was drawn up between himself and his ex. wife and this should be both in English and Thai.

When I got divorced, we had to make up an agreement, this was a requirement of the Amphur and it had to be in both languages, 3 originals, one each for myself, ex. wife and filed at the Amphur.

[The Fat Controller]

Apparently the amphur asked both parties if they wanted to submit any agreement papers, both declined and the divorce was granted.

I presume that information was recorded somehow.