Thai divorce...UK affamation to marry

[firefox999uk]

I am divorced from a Thai woman with Thai divorce documents...when I want to re-marry do I need to do an affirmation of freedom to marry from the British Embassy?.....my local Amphur says no because my divorce docs are in Thai... confused.!!!

[uncleP]

Wow! common sense at last. If you married locally you will have already provided the documents and had them translated . Let's see if this continues.

[misterphil]

When i married my 2nd Thai wife the Amphur only wanted to see the original divorce certificate from my 1st marriage. No need for affirmation of freedom a 2nd time. 

[tadpole22]

not sure you can ask the other xpak i think you have to wait 180 day after the big D   to get married again

[Bender Rodriguez]

your embassy will need the thai divorce, certified by foreign affairs, translated, blabla

[KhaoYai]

It has always been taken as a 'given', that a foreigner needs an Affirmation of Freedom to Marry whatever the circumstances. However, it makes sense that the Amphur doesn't require one in your case. Seeing as how its them that will issue your new marriage certificate, you don't really need to ask the question.

[KhaoYai]

2 hours ago, tadpole22 said:

not sure you can ask the other xpak i think you have to wait 180 day after the big D   to get married again

That applies to women - in case they are pregnant from their previous marriage. I doubt the OP is pregnant ????.

Edited October 3, 2020 by KhaoYai

[The Theory]

20 hours ago, firefox999uk said:

when I want to re-marry

Congratulations ✨

good luck

[brianthainess]

Slightly off topic but I have duel nationality, When i went to for my Affirmation to the countries embassy of which passport i had my extension in, I showed them my divorce papers from my country of birth, they told me you need to go to that embassy, this was after i had already done all the paper work, i told them that divorce was 30yrs ago, they told me not to worry and gave me the Affirmation. ????

[misterphil]

19 hours ago, Bender Rodriguez said:

your embassy will need the thai divorce, certified by foreign affairs, translated, blabla

Nothing to do with the embassy when you marry a Thai again in Thailand. Amphur only needs the original divorce certificate. Been there done that and worn the t-shirt. 

[Autonuaq]

beside under Thai law there is a waiting time of about 304 days or so before you can marry again you also have to be aware that a legal marriage Thailand is complies to the international convention of the Hague regarding marriage. so you have to proof to get legally married that you are allowed to marry. and for most foreigner who stay on a non immigrant visa that implies that you need to get  a document from you multiplicity that states that you are allowed to marry.

as long as you not have a permanent residence in Thailand and still not are registered as moved abroad you also have to register your marriage at your multiplicity back home too, to comply to the intentional law and the laws back home that applies to you. I am aware there are many knuckle heads who have not done this and they actually can run into problems because of this so called forgotten registration.

 

all document have to be legalized and the best translation the comply to the ministry of foreign affairs are done at the translation offices inside the building of the ministry of foreign affairs. The translation service done else can be rejected or even been wrong so you have to pay again .

[KhaoYai]

On 10/4/2020 at 12:58 PM, Autonuaq said:

beside under Thai law there is a waiting time of about 304 days or so before you can marry again

I don't think that is correct - again I think there is a stipulated time but that it only applies to females.

 

On 10/4/2020 at 12:58 PM, Autonuaq said:

and for most foreigner who stay on a non immigrant visa that implies that you need to get  a document from you multiplicity that states that you are allowed to marry.

Incorrect, some Amphurs make up their own laws - that is not the law of the land. I've been married twice in Thailand and never been asked for that.

 

On 10/4/2020 at 12:58 PM, Autonuaq said:

as long as you not have a permanent residence in Thailand and still not are registered as moved abroad you also have to register your marriage at your multiplicity back home too, to comply to the intentional law and the laws back home that applies to you.

I don't know about tha laws of your home country but certainly the UK does not require its citizens to register a Thai marriage.  There is also no international requirement to comply with.  A marriage registered and certified at a Thai District Office (Amphur) is recognised as legal by most countries without the need for any futher registration or legalisation.

[firefox999uk]

Sorry for taking so long in getting back and thanking all the members that have replied.

 

I emailed the British Embassy with the same question as in my opening post

This is the reply:-

 

Thank you for your enquiry of 03/10/2020 20:51 .

Congratulations on your forthcoming marriage.

For information on local marriage laws, including documentary requirements, you should seek advice from the local authorities in the country where you intend to marry.

British nationals are sometimes required to provide documents issued by their Embassy or Consulate in order to be able to marry abroad.

For more information, visit the following pages on our GOV.UK website:

www.gov.uk/marriage-abroad

By selecting the country in which you intend to marry, this simple tool takes you to the relevant page.

For some countries, such as the Commonwealth Countries, you will deal directly with the local authorities only, as we are not involved.

In these cases, follow the local authority’s guidance.

Should a local authority ask for documents we do not provide, remind them of this and ask them to suggest an alternative. An example is when asking for proof you are free to marry.

Alternatives can include swearing an oath with a local lawyer or, if you are resident in the United Kingdom (UK), approaching the UK General Register Office, (GRO) for a “no trace letter”.

 

So what i can make of that is...that if my local Amphur does not require an affirmation, i dont really need to do one...or am i missing something?

Thanks once again and i hope this topic can help someone else in the future.

 

Cheers

 

Have a Nice Day.

[KhaoYai]

On 10/7/2020 at 3:29 PM, firefox999uk said:

So what i can make of that is...that if my local Amphur does not require an affirmation, i dont really need to do one...or am i missing something?

I don't think you're missing anything - even though I've never heard of an Amphur not requiring an Affirmation. As I said previously, it makes sense though.

 

The usual process is that you make an appointment for an Affirmation online with the consular section at the British Embassy, Bangkok. If you've been married before they want to see your final divorce papers.  If they are not in English or Thai, they will need a certified translation.  Once all that's done, you return to the embassy the next day to collect your Affirmation - although its sometimes ready in the afternoon of the first day.

 

It then becomes a pain in the proverbial - the Affirmation needs to be translated to Thai (certified true) and the translation taken to the The Ministry of Foreign Affairs to be checked and certified.  Two to three days later you have to go back to the MFA to collect the documents.

 

If your local Amphur don't want that and will accept your Thai divorce certificate - think yourself lucky and get on with it.  However, there is one other thing that has become a requirement over the last couple of years - a translated and certified copy of your passport + the same translation and legalisation process at the MFA.  Check with your Amphur again and ask about your passport but this time make sure you ask the manager - they have to be present for a Thai/Foreign marriage.

 

If you do need either or both documents translating and legalising - there are plenty of translation agencies on Sukhumvit Road at Phloen Chit, close to the British Embassy.  I used one on Mahattun Plaza and I paid them a little extra to take care of the MFA process for me.  Believe me, its worth it - the MFA are up at Laksi and that's not the easiest place to get to + there are the usual queues and, if I remember correctly, about 6 windows to visit - a stamp at each before proceeding, let the agent do it.

 

I can possibly understand why the MFA might want to see the translation of the Affirmation but quite why a passport - a document that's accepted as ID worldwide, needs to be translated and certified is beyond me. The whole lot is a complete waste of time in any case - the BE may issue an Affirmation that you are free to marry but even if they check (and I doubt they do), they can only check the UK.  You could have travelled anywhere and got married, they don't know.

 

You have some kind Indian gentlemen to thank for all this mucking about - they faked some documents a few years ago, the manager of the Amphur that accepted them was fired and some others, not knowing what was fake and what was real, decided to stop conducting Thai/Foreign marriages.  The result is that the letter of the law must be followed and a few other rules added.

 

You are also likely to find that you can't just turn up to register your marriage - many Amphurs require foreigners to make an appointment and have limited slots each day.