Thai marrying in Thailand when they didn't divorce overseas from overseas marriage?

[bbi1]

Is a Thai person legally allowed to get married in Thailand when they are legally still married overseas (from a South American country) in which they haven't divorced there yet? Apparently that South American embassy in Thailand has said that they can do it, because that marriage isn't in Thailand so isn't recognised here as it wasn't registered here. To me that seems a bit strange.

Edited October 11, 2019 by bbi1

[john69]

I would recommend asking legal advice, especially if there are substantial assets involved.

[kingstonkid]

All you need to do is look at Thai law 

 

The first thing you have to show is that you are allowed to get married.  Embassies have to prove.

 

Therefore a marriage is a marriage.

 

I would get a legal firm with international experience stay away from small shop legal advice

[HHTel]

As far as I know, marriages from most countries are recognised in Thailand regardless of whether it was registered here or not.

[Andyfez]

The marriage is a marriage.

But to get a divorce from a South American country is very difficult.

[The Fat Controller]

You can't ignore the LEGAL existing marriage !

 

Marrying without that being annulled or a divorce would be bigamy and is against Thai law.

 

 

[sawadeeken]

I have had 2 Thai Marriages........ I am a US citizen......... By Thai law, a marriage in either country,  if public record, is recognised by the other country (Thailand or USA)..... 

If you go to a Buddhist Temple to marry but do not record it with the local Thai Umphur (Government offices)---- Then it is not a 'completely legal' marriage and is not observed by the other country........ 

Many Thais and some Farang/Thai marriages are done in a temple and money given to the family, But if they are not registered with the Thai Government at an Umphur..... THEN the Marriage is not recognised by the other countries..... IT MUST BE A LEGALLY RECORDED MARRIAGE TO BE OF RECOGNITION BY OTHER COUNTRIES.......

EDITED to add..... Check to see what the 'South American country' and Thai laws are and whether recorded marriages or just 'Un-recorded'........

Edited October 12, 2019 by sawadeeken
add a line

[The Fat Controller]

@sawadeeken

 

The OP has said the S.American marriage is legal and no divorce has happened.

 

[bbi1]

3 hours ago, The Fat Controller said:

You can't ignore the LEGAL existing marriage !

 

Marrying without that being annulled or a divorce would be bigamy and is against Thai law.

 

 

What's the difference between getting it annulled? Is there usually a set period of time for this?

[bbi1]

Does anyone know how it's possible to get a divorce done in thailand for a marriage from overseas? From what I've heard it's nearly Impossible. Have to  back to the country where the marriage took place.

Edited October 12, 2019 by bbi1

[The Fat Controller]

All you can do is find the rules applicable to that South American country.

 

If the "Thai person" is still in touch with their spouse, ask them !

 

 

[Dumbastheycome]

Perhaps the  issue is that the  SA  marriage was  not  notified  to  Thai Embassy/Consulate  in SA?

Therefore  to Thailand never  happened?

[Dumbastheycome]

7 hours ago, sawadeeken said:

I have had 2 Thai Marriages........ I am a US citizen......... By Thai law, a marriage in either country,  if public record, is recognised by the other country (Thailand or USA)..... 

If you go to a Buddhist Temple to marry but do not record it with the local Thai Umphur (Government offices)---- Then it is not a 'completely legal' marriage and is not observed by the other country........ 

Many Thais and some Farang/Thai marriages are done in a temple and money given to the family, But if they are not registered with the Thai Government at an Umphur..... THEN the Marriage is not recognised by the other countries..... IT MUST BE A LEGALLY RECORDED MARRIAGE TO BE OF RECOGNITION BY OTHER COUNTRIES.......

EDITED to add..... Check to see what the 'South American country' and Thai laws are and whether recorded marriages or just 'Un-recorded'........

The  localized  "string "  marriage is  not a  binding  contract under Thai law as I  understand. It is  simply a community/family recognized  concensus of  approval of a  defacto relationship to  avert  condemnation (at a cost} unless it is  registered with  local Amphur. Yet even that  does  not  fulfill the  National legislation  for  marriage so  it  cannot be  recognized  by the Government of a  foreign  nation if  it  involves a  foreigner and at best  dubious for any dispute in Thailand even for Thai  citizens.

Formal marriage either  inside or outside Thailand need  be registered with appropriate Embassy of  foreign  partner for any legal recourse to whatever may ensue. AFAIK

Edited October 12, 2019 by Dumbastheycome

[HHTel]

A marriage as long as legally recognised in the country of enactment does not need to be registered with any embassy or notified to other countries.  It is legally recognised anyway.  If marrying, knowing you're already married, regardless of whether you have registered your previous marriage anywhere but the country you were married in, then you are committing bigamy.  Can sometimes take years to come to light, often from a 'whistleblower'.

[Just Weird]

2 hours ago, The Fat Controller said:

All you can do is find the rules applicable to that South American country.

 

If the "Thai person" is still in touch with their spouse, ask them !

So you think that bigamy may be acceptable in Thailand, yes?  Geez...

[Just Weird]

On 10/11/2019 at 9:19 PM, bbi1 said:

Is a Thai person legally allowed to get married in Thailand when they are legally still married overseas

No. 

[Salerno]

46 minutes ago, Just Weird said:

So you think that bigamy may be acceptable in Thailand, yes?  Geez...

No, he's saying if the Thai girl is still in touch with her husband to ask him about divorce laws in SA 

[Preacher]

The Thai would commit a criminal offence (bigany) and the new marriage would be nul and void, leaving the foreign husband with serious problems immigration wise if his stay is based on his "marriage".

[The Fat Controller]

14 hours ago, Just Weird said:

So you think that bigamy may be acceptable in Thailand, yes?  Geez...

Not at all, you have completely misunderstood me.

 

I meant the Thai person should, if they are in contact with their ex, find out if the person in South America can file for divorce, for example by abandonment, without the Thai having to be present.

 

I know a Thai can be granted a divorce for a Thai marriage that way after a period of time, but as we do not know which South American country we are talking about, nobody can investigate a solution for the OP.

 

@Dumbastheycome

 

There is no longer any provision to register Thai marriages with the British Embassy or any requirement even to do so, the marriage is recognised by the UK as long as it is properly recorded in Thailand. You should however inform the likes of HMRC, pension companies etc and also be aware that marriage invalidates any former wills.

[blackcab]

Civil and Commercial Code Section 1452:

 

A marriage cannot take place if the man or woman is already the spouse of another person.

 

That's quite definitive.

[Just Weird]

23 hours ago, The Fat Controller said:

On 10/13/2019 at 12:53 AM, Just Weird said:

So you think that bigamy may be acceptable in Thailand, yes?  Geez...

Not at all, you have completely misunderstood me.

 

I meant the Thai person should, if they are in contact with their ex, find out if the person in South America can file for divorce, for example by abandonment, without the Thai having to be present.

 

I know a Thai can be granted a divorce for a Thai marriage that way after a period of time, but as we do not know which South American country we are talking about, nobody can investigate a solution for the OP.

The question that I responded to and the only question that the OP asked was, "Is a Thai person legally allowed to get married in Thailand when they are legally still married overseas (from a South American country) in which they haven't divorced there yet?"

 

There is no grey area, that cannot be done legally in Thailand, it would be bigamy. 

[timendres]

On 10/12/2019 at 5:53 PM, bbi1 said:

Does anyone know how it's possible to get a divorce done in thailand for a marriage from overseas? From what I've heard it's nearly Impossible. Have to  back to the country where the marriage took place.

That's what I did. Married in the US. Later, registered marriage in Thailand. Then divorced in Thailand. The US must accept the divorce decree of Thailand, just as Thailand accepted the marriage decree of the US.

[bbi1]

On 10/13/2019 at 3:21 PM, The Fat Controller said:

I meant the Thai person should, if they are in contact with their ex, find out if the person in South America can file for divorce, for example by abandonment, without the Thai having to be present.

 

I know a Thai can be granted a divorce for a Thai marriage that way after a period of time, but as we do not know which South American country we are talking about, nobody can investigate a solution for the OP.

The country specifically is Mexico. What happens if it seems the ex is difficult and doesnt really want to hoping that one day she will come back?

[livram]

On 10/14/2019 at 7:29 PM, timendres said:

That's what I did. Married in the US. Later, registered marriage in Thailand. Then divorced in Thailand. The US must accept the divorce decree of Thailand, just as Thailand accepted the marriage decree of the US.

Can an overseas marriage(USA) be registered in Thailand by only one party? 

[timendres]

7 hours ago, livram said:

Can an overseas marriage(USA) be registered in Thailand by only one party? 

I am not sure. When I registered with my wife, we both attended. From my vague recollection, it did seem that we both needed to be there, and we needed a witness as well.

[HHTel]

Help me understand this.  What is the need to register a foreign marriage in Thailand?  Regardless of where you were married (with a few exceptions), your marriage is legally recognised in Thailand and vice-versa.

I don't get why some posters here find it necessary to register their foreign marriage.

[Preacher]

If not, immigration will not grant an extension of stay based on marriage to a Thai. It also makes it easier to proof that you are married, should you need it.

[livram]

7 hours ago, HHTel said:

Help me understand this.  What is the need to register a foreign marriage in Thailand?  Regardless of where you were married (with a few exceptions), your marriage is legally recognised in Thailand and vice-versa.

I don't get why some posters here find it necessary to register their foreign marriage.

Possibly needed in case wife dies without will, if marriage not registered in Thailand possible husband will not be recognized at such. Or, how can husband divorce wife if she is not in Thailand and marriage not registered?

 

When I came to Thailand overseas marriage did not need to be registered to get marriage visa. The requirements must have changed after I switched to retirement visa.

[Time Traveller]

Also it goes beyond criminal penalties as there are likely civil consequences as well.

For example, in the event of an inheritance, courts are likely to grant the estate of the bigamous party to the first spouse even if they were seperated for many years.  So a new (2nd) family may have trouble inheriting anything even though they lived together. 

And trust me, private investigators are very good at finding out skeletons in the closet even from other continents.

 

If you do not want to have a very complicated legal situation on your hands (complicated = expensive), you definitely should get divorced before remarrying.

Edited November 2, 2019 by Time Traveller