Questions about getting remarried in Thailand

[flyingsaucersarereal]

Hi there I have some basic questions about getting remarried in Thailand.

 

1. I understand I need a Affidavit of freedom to marry at the US Embassy (since I am American.)  Does the US Embassy need to see my Thai divorce paper if my ex wife has never been to America? Would I have to give them a copy of that?

 

2. Is there anything more involved in getting remarried that I have to show to the Thai offices besides the original divorce paper to get remarried in Thailand. 

 

Thanks

[fishtank]

The Embassy will need to see proof of divorce to issue the affirmation to marry.

[ThaiBunny]

What if you claim never to have been married? Does your embassy need to attest to that? How would they know if you married in a third country?

[CharlieH]

MOVED to correct forum

[flyingsaucersarereal]

I have nothing against showing the Embassy my Thai divorce paper but not sure if it is necessary since the marriage was in Thailand and really has nothing to do with America. 

[pagallim]

8 minutes ago, flyingsaucersarereal said:

I have nothing against showing the Embassy my Thai divorce paper but not sure if it is necessary since the marriage was in Thailand and really has nothing to do with America. 

I understand your logic, however you're a US citizen, and as a non-Thai wishing to marry in Thailand, you still require the affidavit of freedom to marry from your embassy. 

[flyingsaucersarereal]

1 minute ago, pagallim said:

I understand your logic, however you're a US citizen, and as a non-Thai wishing to marry in Thailand, you still require the affidavit of freedom to marry from your embassy. 

I understand I need the affidavit the question is because the marriage was in Thailand and you don't register the marriage in America at the Embassy (that would be done in the state if you move back to America) how would they know if I was married or not? I am just going to give them the divorce paper but I am wondering if they need copies or they just look at the paper. A affidavit is just saying what you are telling them is the truth but they have no way to verify it.

[regularguy]

I went to the US embassy last week to get the freedom to marry affidavit. I was divorced in the US and brought my Divorce Decree with me. I checked the box “Divorced” and submitted the affidavit. They did not ask to see my divorce decree and was able to get my affidavit. The embassy affidavit does not ask what country you were divorced in. Where you might need your divorce decree is at the local Amphur. I had mine translated to Thai and they looked at it but they said I didn’t need it. So, just bring it with you to the Amphur in case they want it.

[flyingsaucersarereal]

6 minutes ago, regularguy said:

I went to the US embassy last week to get the freedom to marry affidavit. I was divorced in the US and brought my Divorce Decree with me. I checked the box “Divorced” and submitted the affidavit. They did not ask to see my divorce decree and was able to get my affidavit. The embassy affidavit does not ask what country you were divorced in. Where you might need your divorce decree is at the local Amphur. I had mine translated to Thai and they looked at it but they said I didn’t need it. So, just bring it with you to the Amphur in case they want it.

I have my Thai divorce decree in Thai language but wondering if that is enough or that divorce paper has to be translated into english for the embassy if they need to look at it? But as you say they didn't even need to look at it.

[Kwasaki]

2 hours ago, flyingsaucersarereal said:

I have nothing against showing the Embassy my Thai divorce paper but not sure if it is necessary since the marriage was in Thailand and really has nothing to do with America. 

Right !!!  kinda makes sense.

I would say nothing to do with home country if you married a Thai woman then divorced her and married another Thai woman it's only Thailand's concern.

[justin case]

needs to be translated and certified at CW 

[animalmagic]

On 2/13/2020 at 7:57 AM, flyingsaucersarereal said:

I have nothing against showing the Embassy my Thai divorce paper but not sure if it is necessary since the marriage was in Thailand and really has nothing to do with America. 

I am not from U.S. but I understand your logic.  However, if you are required to fill in any forms from the embassy asking your marital status and you enter 'single' rather than 'divorced' you may be guilty of an offence in their eyes as you have made a knowingly false statement to them in order to gain their assistance in some legal or procedural matter.

Don't know your situation but would caution against making false statements to Govt Depts when seeking their assistance in anything.  Can't think of any Govt that sees the funny side of stuff like this.

[khwaibah]

On 2/13/2020 at 7:05 AM, fishtank said:

The Embassy will need to see proof of divorce to issue the affirmation to marry.

BS. They never asked to see mine and yes I said I was divorced. The service I used is in Chiang Mai and married at the amphora  both had the same requirement and I told the truth and they never questioned me for proof. Been married for over 13 years ad wife is on her 2nd 10 year tourist visa for the Colonies.????

[saengd]

Just now, khwaibah said:

BS. They never asked to see mine and yes I said I was divorced. The service I used is in Chiang Mai and married at the amphora  both had the same requirement and I told the truth and they never questioned me for proof. Been married for over 13 years ad wife is on her 2nd 10 year tourist visa for the Colonies.????

I was just married in Chiang Mai two months ago and before I could do that I had to visit the UK Embassy in Bangkok to get an Affirmation of Freedom to Marry, that required me to produce an original copy of my divorce decree.

[saengd]

55 minutes ago, justin case said:

needs to be translated and certified at CW 

Certification is done at the Ministry of Foreign Affairs (MoFA), there are branch offices of MoFA in most Amphurs. Translations can be done anywhere and cannot be done by MoFA themselves.

[kingstonkid]

Can you American stop trying to game the system.  Last time cost you the affidavit for incomes.

 

The rules are simple you get an affidavit you get your paperwork and you get married why Al the whine or are you not serving any at the wedding

 

[SiSePuede419]

The most expensive cake you will ever buy...

 

A wedding cake. ????

[KhaoYai]

The first thing you need to do is decide which Amphur you want to register your marriage at and which month you intend to do it because this will be written on your Affirmation.

 

You then need to contact that Amphur to check exactly what documents they require from both yourself and your intended (changes regularly).  Most are now requiring a certified copy of your passport in addition to the Affirmation

 

To obtain an Affirmation of Freedom to Marry from your embassy you will need:

 

Original divorce certificate (all parts). This is acceptable in Thai or English (by most embassies) - if its in another language you will need a certified translation before going to your embassy.

 

Certified copy of your passport (if required).

 

Any other documents (and certified translations thereof if necessary) that the Amphur may require.

 

Once you have the Affirmation and certified copy of your passport (if required) you need to get these translated and then take them to the MFA for certification (2-3 working days).  Most translation agencies offer a service where they take them for you and pick them up when they are ready for a reasonable fee. I would recommend using that service as the MFA process is long winded and you have to go twice.

 

Note that the Affirmation and other certified documents are valid for 3 months.

 

Some Amphurs also want to see the receipt from the MFA for their fee so if you do let the agency do the MFA bit for you, make sure they give you the receipt.

 

When you have all those documents, you can then go to the Amphur and register your marriage. Be aware that most Amphurs will require you to have 2 witnesses and a translator present at the registration - the translator can also be a witness.

 

Note: Bizarrely, Bangrak Amphur in Bangkok asked for a letter from my girlfriend's local Amphur stating that she was also free to marry - first time I've heard of this but it was easy to obtain.

[KhaoYai]

11 hours ago, saengd said:

Certification is done at the Ministry of Foreign Affairs (MoFA), there are branch offices of MoFA in most Amphurs

New one on me - never heard of this before. Possibly only out in the sticks?

 

My documents went to the MFA 2 weeks ago.

[saengd]

8 hours ago, KhaoYai said:

New one on me - never heard of this before. Possibly only out in the sticks?

 

My documents went to the MFA 2 weeks ago.

It was news to us also, we thought we'd have to get it certified in Bangkok after visiting the embassy but my wife found out from someone on the internet that there are branch offices in many locations. We live in Mae Rim and there is a branch there, also in Chiang Mai and in Sukhothai, I duno where else.

 

A note about certification and translation: MoFA offers a same day service for certification, bring it in before 9:30 and it's done by 4 pm, that costs double the fee. BUT, MoFA regards themselves as the nations experts in translation and they will find errors in any translation they are given and these must be corrected. So when you select a translator make sure they will correct any errors without charging an additional fee, we had three goes at this before MoFA was happy.

 

Other Stuff: as you said, important to check what documents the Amphur needs, they all require different things.

 

Witnesses: some Amphurs will supply witness signatures, others won't do this if a foreigner is involved, we had to supply two witnesses at the last minute.

 

Contributions required at the  Amphur, ours was 500 baht for something or other, you know how it is!

 

 

[KhaoYai]

9 hours ago, saengd said:

It was news to us also, we thought we'd have to get it certified in Bangkok after visiting the embassy but my wife found out from someone on the internet that there are branch offices in many locations.

Right, Chiang Mai I can understand, Mae Sot and Sukhothai too - all those due to the distance but 'most locations' ?? I'll try to find out - could be very useful for others, the MFA in Bangkok is a real pain in the butt.

 

Oh, one further point for the OP. You need to check that the Amphur manager is not on holiday or at one of their many 'meetings' when you go to do the registration. The manager must be present during a Thai/Foreign marriage.

[KhaoYai]

10 hours ago, saengd said:

A note about certification and translation: MoFA offers a same day service for certification, bring it in before 9:30 and it's done by 4 pm, that costs double the fee. BUT, MoFA regards themselves as the nations experts in translation and they will find errors in any translation they are given and these must be corrected. So when you select a translator make sure they will correct any errors without charging an additional fee, we had three goes at this before MoFA was happy.

The same day service in Bangkok stopped about 5 years ago. Totally agree about the translation though. There is actually an agreed format for the affirmation now, apparently it was written by the MFA - I believe that too, its full of bad grammar, terms not used for centuries and has no punctuation. 

 

I can't speak for other countries but the British Embassy has a template of the MFA's 'design'. Yours has to be written exactly as per the template, no deviation whatsoever - I was pulled at the British Embassy for changing UK to England on my address!!! There's also a section which is clearly 'and or' - you have to state "I am over 18" or I am under 18 and have persmission bla bla bla.  As I've been over 18 for a number of years ????, I just put I am over 18 and deleted the rest........mai dai!!! You have to leave it all in place..... bah mak!

 

So now the MFA dictates English language to the British Embassy - Bizarre!

[fceligoj]

If I remember correctly.  I divorced a Thai in 2010.  I have the official Thai divorce document.  I met someone else and about 1 1/2 years later I married her, no need for the affidavit from the US Embassy since I had married a Thai after divorcing another Thai.  Like you said no issue for the US Embassy.

[KhaoYai]

2 hours ago, fceligoj said:

If I remember correctly.  I divorced a Thai in 2010.  I have the official Thai divorce document.  I met someone else and about 1 1/2 years later I married her, no need for the affidavit from the US Embassy since I had married a Thai after divorcing another Thai.  Like you said no issue for the US Embassy.

I don't know how you got away without needing an Affirmation of Freedom to Marry before - the rule has always been there whether previously married to a Thai or not. You certainly wouldn't be able to register your marriage without one now.

 

Did you use an agent at all when you re-married? Before some nice Indian gentlemen faked some documents a few years ago agents seemed to be able to 'reduce' the required paperwork considerably. Things are different now.