Marriage Procedure/ Legal Advice

[Gazza1234]

Hi all,

Hope someone out there can help me I badly need some advice.

If I get married in Thailand what is it that makes the ceremony legal? Is it the ceremony itself, or is it the certificate that you have to sign after the wedding? If you get married but don't sign the wedding certificate does that mean that you are not legally married?

When a farang gets married to a Thai (in Thailand)what checks are carried out to confirm that both parties are single? If you get married in Thailand is that wedding legally recognised in the UK?

Any guys ever had problems with estranged Thai wifes trying to legally obtain money property from them?

Sorry to ramble and maybe a bit vague but I'd really appreciate anyones help on this

Thanks

[Mario2008]

A legal marriage in Thailand takes places at the amphur, where you sign the marriage registry and get the wedding certificate. The ceremony is not a legal marriage, it is just a tradition.

if you want to get married in Thailand you need to go to your embassy for a letter that confirms you are allowed to marry. Embassies have standard forms for that, the proof the want you to submit depends on the embassy.

This letter, affirmation of freedom to get married, you next need to have translated into Thai. With the translation and original you go to the ministry of foreign affairs, consular department to have it legalised. That will atek a few days. With the legalised document you go to a district office with your girlfriend to get married.

[gotlost]

Hey buddy,,,DON'T DO IT!!!!!!

[CWMcMurray]

It sounds like you may not have actually gone through the bureaucracy needed to be legally married, you definately would have remembered the process if you have been through it.

From reading your OP, I think this is good news for you !!!

[InterestedObserver]

Any guys ever had problems with estranged Thai wifes trying to legally obtain money property from them?

The property settlement is agreed to, or awarded by the court, upon divorce. That's all the ex-wife can legally claim from you.

[Bagwan]

if you want to get married in Thailand you need to go to your embassy for a letter that confirms you are allowed to marry. Embassies have standard forms for that, the proof the want you to submit depends on the embassy.

UK Embassy made me send to Somerset House for copies of the decree absolute from my first marriage before affirming that I was unattached. This was issued in 1969 so I could have remarried any number of times since that time. To save any further BS I did not mention a second marriage.

The ceremony at the Amphur is somewhat similar to drawing a book out of the Public Library. You each get a pretty certificate with a rose border after signing in a book. Hand over the dosh and that's it.

[Bagwan]

Any guys ever had problems with estranged Thai wifes trying to legally obtain money property from them?

The property settlement is agreed to, or awarded by the court, upon divorce. That's all the ex-wife can legally claim from you.

My understanding is that the wife can claim half of what you have put together since the marriage. If before the marriage you transfer say, 5 million, she cannot claim on it or anything that was bought with that cash. If you bring the money in after the happy, now unhappy, event then stand from under.

You need to get legal advice and I would try two or three since the story may differ with each. Thai lawyers are as bent as the BiB according to the one I use. He refuses to accept power of attorney or act as executor of a will as he says that he might not be able to resist the temptation to enrich himself. You need to make sure that whoever you use is a qualified person. It is not unknown for somebody to set up a legal practice without qualification. If he/she is a foreigner they are not qualified or allowed to practice.

[thaiphoon]

Any guys ever had problems with estranged Thai wifes trying to legally obtain money property from them?

The property settlement is agreed to, or awarded by the court, upon divorce. That's all the ex-wife can legally claim from you.

My understanding is that the wife can claim half of what you have put together since the marriage. If before the marriage you transfer say, 5 million, she cannot claim on it or anything that was bought with that cash. If you bring the money in after the happy, now unhappy, event then stand from under.

You need to get legal advice and I would try two or three since the story may differ with each. Thai lawyers are as bent as the BiB according to the one I use. He refuses to accept power of attorney or act as executor of a will as he says that he might not be able to resist the temptation to enrich himself. You need to make sure that whoever you use is a qualified person. It is not unknown for somebody to set up a legal practice without qualification. If he/she is a foreigner they are not qualified or allowed to practice.

Definately get legal good advice. My understanding is 50/50 on all joint income earned/assets purchased since living together (constituted as husband and wife). But there are conflicting approaches under the Civil & Commercial Code on what happens to money transferred into the country before then. On one hand, if it is fully audited trailed with supporting bank paperwork, it is arguably yours. On the other hand, if she claims the money was gifted to her, you can be stuffed for 50%.

Edited October 16, 2009 by thaiphoon

[InterestedObserver]

But there are conflicting approaches under the Civil & Commercial Code on what happens to money transferred into the country before then. On one hand, if it is fully audited trailed with supporting bank paperwork, it is arguably yours. On the other hand, if she claims the money was gifted to her, you can be stuffed for 50%.

That's why you never put your foreign sourced money into a joint account.

[7by7]

UK Embassy made me send to Somerset House for copies of the decree absolute from my first marriage before affirming that I was unattached. This was issued in 1969 so I could have remarried any number of times since that time. To save any further BS I did not mention a second marriage.

One of the requirements for obtaining an AFM is that you produce evidence that any previous marriages are legally over; decree absolute or death certificate. This, as I understand it, is a requirement of Thai law, not British.

Had you read the relevent information first you would have known this.

Are you saying that you lied on the AFM? If so, whilst I don't know what Thai law has to say about making a false declaration on an official document, but were I you I would hope it never comes to light!

[Bagwan]

UK Embassy made me send to Somerset House for copies of the decree absolute from my first marriage before affirming that I was unattached. This was issued in 1969 so I could have remarried any number of times since that time. To save any further BS I did not mention a second marriage.

One of the requirements for obtaining an AFM is that you produce evidence that any previous marriages are legally over; decree absolute or death certificate. This, as I understand it, is a requirement of Thai law, not British.

Had you read the relevent information first you would have known this.

Are you saying that you lied on the AFM? If so, whilst I don't know what Thai law has to say about making a false declaration on an official document, but were I you I would hope it never comes to light!

A tad unrealistic I think in a country where everybody lies to everybody else about almost anything. Whether not offering information is considered same same as lying is a moot point.

[torrentstorm]

A tad unrealistic I think in a country where everybody lies to everybody else about almost anything. Whether not offering information is considered same same as lying is a moot point.

I agree. Besides, everything in Thailand is economy oriented. For a few baht, most problems fade away.

Personally speaking, I'm an American living and working in Malaysia. In one of my trips to Hat Yai I met a girl, who despite being half my age, captivated my attention - well-brought up, home-bred, mannerly, sweet. My problem is I have no time nor intention of going back to America to get any relevant documents describing my status, although I'm single. I have an old apostille stating my being single from some 8 years back, but that's about all, besides my passport.

So I'm looking for some friendly office who will bend the rules a bit and make things easier with less paperwork. If I find one, I'll marry her. But if it's like I'm reading here, so many rules and regulations, I'll either take her abroad where things are simpler and marry her there, or, not marry at all and simply forget her (extreme and painful as it sounds).

Right now I'm so fed up with Thailand's craziness, I'm inclined to take option # 2. But I posted this in case any ideas could be shared.

[lopburi3]

You fill out a form at the US Embassy and have it translated and registered with the MFA and then are free to marry at any District Office in Thailand. Don't make it so hard. There is no need to travel to the US.

[torrentstorm]

You fill out a form at the US Embassy and have it translated and registered with the MFA and then are free to marry at any District Office in Thailand. Don't make it so hard. There is no need to travel to the US.

Oh, many thanks! I had forgotten about this post and hadn't logged in till today. Very helpful advice! Thank you. Certainly a vast difference from what I've read so far.