Marriage To A Thai In 1999

[Mattd]

Just posting to see if I can gain a useful understanding of the Thai marriage laws that were in force in 1999, as my Thai Female partner and I are experiencing differences that are pretty much beyond redemption and it will more than likely end in separation.

Some background first, we met in 1997 and had our first child in May 1999, in order for the child to qualify for a British passport, then we had to legalize the relationship and get married, so we utilised the services of one of the many law firms close to the British Embassy and went to the registrar to marry at the end of June 1999 after completing all the task required previously required to do this.

The registry office was in Bangkok Metropolitan area.

As stated above, our differences are so much now then I really do see no option but divorce.

When the registrar issued the marriage certificates in 1999, then my 'wife' was told that she must change her surname and get a new ID card within 60 days of the date of the marriage, this could be done only in the province her ID card was issued and she was registered as residing, which at that time was Chonburi if my memory serves me right. (my understanding is that this was a legal requirement for her to do in 1999)

This was stamped on the back of each marriage certificate.

However she did not go to do this and has never actually changed her surname or marital status with any Thai authority.

Every bit of official documentation that she has had issued since the date of the marriage addresses her as Miss and with her surname of birth, this includes her ID card, Passport etc.

To the official Thai governmental world she remains unmarried.

So now to my question, has anybody ever experienced this and well are we actually married or not?

I'll be seeking legal advise after Songkran, but I am interested to hear opinions on this.

I should add that we both reside in Thailand and I work here as well, so subject to applicable Thai laws in this case.

Cheers!

[noise]

You said, "To the official Thai governmental world she remains unmarried."

I would suggest that should be qualified with "on the surface" or some such words. You have a Thai marriage certificate. Ipso facto, you are both married under Thai law. That she continues to use her maiden name and "miss" in public does not matter.

I know one couple that has been married 30+ years and all her U.S. identification and U.S. passport are in her married name while 100% of her Thai IDs and house registration are still in her maiden name. But that does not negate the legal fact they are married under Thai law.

Conventional wisdom seems to say that if you can agree on the divorce terms, you both can go to the Amphur where you were married and get divorced without paying lawyer fees. If you can not agree, different story.

[samran]

You said, "To the official Thai governmental world she remains unmarried."

I would suggest that should be qualified with "on the surface" or some such words. You have a Thai marriage certificate. Ipso facto, you are both married under Thai law. That she continues to use her maiden name and "miss" in public does not matter.

I know one couple that has been married 30+ years and all her U.S. identification and U.S. passport are in her married name while 100% of her Thai IDs and house registration are still in her maiden name. But that does not negate the legal fact they are married under Thai law.

Conventional wisdom seems to say that if you can agree on the divorce terms, you both can go to the Amphur where you were married and get divorced without paying lawyer fees. If you can not agree, different story.

That is correct. You got married, but your wife neglected then to officially change her surname which was required back then (though isn't now).

It isn't a huge deal. You'll need to divorce legally still.

As 'Noise' has stated, plenty of people don't end up notifying the ID people. My mother, 40+ years in Australia married still is a 'Miss' as far as all her Thai ID is concerned. Passports etc are printed in her maiden name.

[meatboy]

unless the rules have changed she should have had her id card changedto her married name also her passport,back in 1988 i went with a mate to the local registers office banglamung as he was devorcing his wife,she had not changed her maiden nameshe got fined,i would think mattd.she would have a problem if she went to live or visit in the uk,on what basis would she get a visa exspecially a settlement one,did you register the marriage at the embassy in bkk.

[Mattd]

Gents, thanks for the replies, as stated I will seek professional advice once the holidays are over.

Actually, I always bow to anybodies superior knowledge of the Thai marriage laws, but the fact remains that in 1999 it was a legal requirement for her to change her surname, it was not a choice.

The fact she chose not to, does not deflect the need to actually have to. (ignorance is no defense!!)

Bearing in mind that marriage in Thailand is considered a legal contract.

We are talking and I 'think' we both want to avoid a nasty prolonged fight, but when we do finally go to the Amphur to settle the divorce, then I'm really not sure what they will say, as for all intense and purposes she is not married according to their records, we will do this in Banglamung and not the same office we were married at (I honestly doubt I could find that again!!) and I'm having a hard time understanding how they are going to be able to dissolve a marriage that they have absolutely no record of!

I am very sure that this is quite normal in Thai life, but that really doesn't make it legally correct.

DOPA Marriage Registration

[meatboy]

hi mattd tough one this,can you understand thai,if not get someone who can to go along with you so to know what she is telling the official,i know back in the eightes/nineties you had to change their maiden name there were many girls giving false advice,{still going on now} knowing what i know i will think she will get a bollicking,have you come to some arrangment regarding your son,there used to be a good lawyer at the bottom of soi post office beach rd end,good luck keep us informed.

[Mario2008]

You have the marriage certificate that you are married, and that will also be recorded at the amphur.

You did comply with the reqirements for marriage, so that should be legal. She didn't comply with some requirements one had to abide to after being married. That makes her in deviance of those requrements and maybe there is a fine to pay for not complying, but the marriage will stil be valid.