Marriage On The Rocks--What Do I Have To Do

[bunnydrops]

As the topic says, my marriage is on the rocks. The reasons are the usual ones about money and family. Anyway we had a nice village religious wedding and I don't remember signing anything. I am an American and never got a paper from the US saying I could marry. I have been told by some that the marriage was just for locals and that the marriage has no legal standing. I have also been told that it has some legal standing in Korat province where the marriage took place. Anyway I am back in the states, she will not answer her phone and I ASSUME she is seeing someone else---anyone have the answer to this. I plan to return to Thailand in 3 or 6 months and want to know where I stand.

Edited June 24, 2010 by bunnydrops

[carnac]

You are free and clear because you were not legally married. I went to the local gov't office and got a marriage license or at least it looks like one. It has both out names and signatures along with the official at the gov't office. We never did the village party bit, just got the paper. She changed her name on all the Thai documents and her passport and we went to the US. I came back, she's still there. Anyway unless you are a Thai citizen, and even then I'm not sure, you are not legally married in my opinion. However, before you come to Thailand it might not hurt to call the Thai embassy in DC or a Thai consulate somewhere and run this by them. Also there is always the US embassy in BKK you can call as well to get their input. I personally think you have nothing to be concerned about but I would stay away from her family perhaps. I wish you the best of luck on this.

[Boo]

unless you went to the amphur & signed a wedding registry then you are not legally married.

[soihok]

Agree.

If nothing is signed, forget it.

If you have assets there within this "marriage" you may as well forget them also.

If you need a professional lawyer to confirm , ask for Seb on the link below. He is in Korat and from Canada.

Isaan Lawyers | Lawyer and attorney | Korat | Khon Kaen | Surin | Buriram | Udon | Ubon

[sarahsbloke]

You are not married.

Foreigners are not allowed to marry in Thailand without "declaration of freedom to marry" from their embassy/consulate, then translated into Thai and counterstamped by the Ministry of Foreign Affairs in BK.

I'm pretty sure you would remember doing all that.

[harrry]

unless you went to the amphur & signed a wedding registry then you are not legally married.

Not true completely. The Family COurt of Australia has recognised a Thai Temple wedding without ampur registration as a marriage. Cost some poor soul his super instead of just 50% of assets gained in marrieage.

[Dave the Dude]

If you need a professional lawyer to confirm , ask for Seb on the link below. He is in Korat and from Canada.

Isaan Lawyers | Lawyer and attorney | Korat | Khon Kaen | Surin | Buriram | Udon | Ubon

Sebastien is a good guy.

I hope you have thought this through, if you intend returning to your ex-home/village.

Sounds a bit dangerous to me and I would get some advice first!

Good luck and I hope you get things sorted.

:jap:

[samuibeachcomber]

<BR>

<BR>unless you went to the amphur & signed a wedding registry then you are not legally married.<BR>

<BR>Not true completely.  The Family COurt of Australia has recognised a Thai Temple wedding without ampur registration as a marriage.  Cost some poor soul his super instead of just 50% of assets gained in marrieage.<BR>

<BR><BR>amazing,how did she prove it,photo's?how could an aussie court go in her favour if its not legal in thailand.I believe in taking care of an ex.even if not legally binding,but to what extent is the question,certainly not  all my super,thank you very much<BR>

[Geekfreaklover]

Put it down to experience bunnydrops. Sounds like she has found a new partner to 'marry.'

Still, plenty more pla in the klong!

[harrry]

<BR>

<BR>unless you went to the amphur & signed a wedding registry then you are not legally married.<BR>

<BR>Not true completely.  The Family COurt of Australia has recognised a Thai Temple wedding without ampur registration as a marriage.  Cost some poor soul his super instead of just 50% of assets gained in marrieage.<BR>

<BR><BR>amazing,how did she prove it,photo's?how could an aussie court go in her favour if its not legal in thailand.I believe in taking care of an ex.even if not legally binding,but to what extent is the question,certainly not  all my super,thank you very much<BR>

Nygh & Kasey [2010] FamCA 145 (2 March 2010)

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2010/145.html?stem=0&synonyms=0&query=thailand%20and%20marriage

Is the case I mentioned.

[Dave the Dude]

Nygh & Kasey [2010] FamCA 145 (2 March 2010)

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2010/145.html?stem=0&synonyms=0&query=thailand%20and%20marriage

Is the case I mentioned.

This is quite an unusual action here and possibly not the same as OP

12. The Applicant and The Respondent participated in a religious ceremony under the rites of the Roman Catholic Church in [...], Thailand on [...] January 1982, but did not marry under the law of Thailand .

Edited June 25, 2010 by Dave the Dude

[bunnydrops]

Thanks to everyone---I will look into it further but you all have given me a momentary sigh of relief. A friend in the town told me he does not think I would have trouble with the family unless I made trouble for her, but said Thailand is a big place and it would be better to just move on. I have many friends there both Thai and Farang, but I have little material goods to keep me there------- Anyway thanks again

[Dave the Dude]

Thanks to everyone---I will look into it further but you all have given me a momentary sigh of relief. A friend in the town told me he does not think I would have trouble with the family unless I made trouble for her, but said Thailand is a big place and it would be better to just move on. I have many friends there both Thai and Farang, but I have little material goods to keep me there------- Anyway thanks again

I am glad your taking this calmly BD, but still expect the unexpected (T.I.T. and all that). If you do bother to go see the family, I would suggest taking a friend with you( especially one that can speak Thai).

Good Luck in the future, matey

[Mario2008]

In Thailand a viallge wedding is not a legal wedding, only when you marry at the amphur and sign the marriage register are you legally married. (That is not to say that other countries might consider it different if you live together for a long time). Even if it was a legal wedding, Thai law doesn't know any alimony.

But you lived togehter and will have some mutual assets during the time your lived together, like to who belongs the TV etc. That needs to be sorted out, without losing face for her (family).

[ronthompson]

Move on with your life, if u had any property and/or belongs in the villace consider them gone.

If u return i would avoid her village and the places she may have worked just avoid problems, u have nothing legal to worry about

[bob4you]

Don't ever go back to the village!. Find new friends, the only thing that could happen is your ex will loose face after all of the lies she has told the villagers and your friends why you two are no longer married.

[loser1]

would you mind enlightening everybody on how much that little affair cost ? Just as a warning to others..

[MJP]

If you need a professional lawyer to confirm , ask for Seb on the link below. He is in Korat and from Canada.

Isaan Lawyers | Lawyer and attorney | Korat | Khon Kaen | Surin | Buriram | Udon | Ubon

Sebastien is a good guy.

I hope you have thought this through, if you intend returning to your ex-home/village.

Sounds a bit dangerous to me and I would get some advice first!

Good luck and I hope you get things sorted.

:jap:

I strongly advise the OP does not come back. There are a myriad of reasons covered thousands of times on this forum. It ranges from humiliation, to money demands to murder.

Best forget the whole thing and stay put.

[Invasian]

You are not married.

Foreigners are not allowed to marry in Thailand without "declaration of freedom to marry" from their embassy/consulate, then translated into Thai and counterstamped by the Ministry of Foreign Affairs in BK.

I'm pretty sure you would remember doing all that.

I did not get the declaration and still got married at an Amphur. Was not asked for one and wasnot aware you needed it?

[Mario2008]

1 reply deleted.

Note that this tread is more than 1 year old. There is no sense in replying to it.

[punch]

unless you went to the amphur & signed a wedding registry then you are not legally married.

Not true completely. The Family COurt of Australia has recognised a Thai Temple wedding without ampur registration as a marriage. Cost some poor soul his super instead of just 50% of assets gained in marrieage.

Harrry. The only way that could happen is if they had a child or living together for a very long time.

Edited December 11, 2011 by punch

[ludditeman]

old thread, someone should close it.

Edited December 11, 2011 by ludditeman

[harrry]

unless you went to the amphur & signed a wedding registry then you are not legally married.

Not true completely. The Family COurt of Australia has recognised a Thai Temple wedding without ampur registration as a marriage. Cost some poor soul his super instead of just 50% of assets gained in marrieage.

Harrry. The only way that could happen is if they had a child.

quote

FAMILY LAW – MARRIAGE – Validity of marriage – Parties participated in Catholic wedding ceremony in Thailand – Marriage not registered – Application of the Marriage Act 1961 (Cth) and the common law principles of private international law – Application of the Hague Convention of 14 March 1978 on Celebration and Recognition of the Validity of Marriages – Whether the marriage not formally registered by the applicant because of a conscientious objection – Whether such conscientious objection constituted an exception to the rule that the formal validity of a marriage is governed by the law of the place of celebration (lex loci celebrationis) – Consideration of oft-quoted authority Milder v Milder [1959] VR 95 with respect to the words “against conscience” – HELD – Applicant held conscientious objection – Exception to presumption established – Marriage proved – Divorce order granted

end quote

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2010/145.html?stem=0&synonyms=0&query=thailand%20and%20marriage

I find it strange too but not related to child.

[Mario2008]

I believe you will find that in the above case a major point of consideration was that the marriage was not registered because of conscientious objection, but they did consider themselves married.

It is an exceptional case.

[bridge2bridge]

You have no problem as you NEVER SIGNED any paper.

I made the mistake to marry at the Amphur and when my marriage( 3 years) broke down, same money problems, i had to go to the Amphur with her and pay her Baht 30,000 to sign the divorce papers.

YOU ARE FREE.

So enjoy.

[bridge2bridge]

unless you went to the amphur & signed a wedding registry then you are not legally married.

Not true completely. The Family COurt of Australia has recognised a Thai Temple wedding without ampur registration as a marriage. Cost some poor soul his super instead of just 50% of assets gained in marrieage.

I would have contested that, because Australia can not recognise a BUDDHA wedding.