Registering Thai Marriage In Australia

[Paul123456]

Hi. I am married to a Thai and the marriage occurred here. The Australian Embassy website says that I need to do something extra to register that marriage in Australia. But it doesn't say what or give me any hints on what to do now.

Has anybody done this? I want to register my marriage in Australia also. How do I do it? What do I need? Where do I go?

Thanks

Paul

Oh, I did look through these forums but couldn't find this answer anywhere

[vinny]

See also Recognition of Overseas Marriages

The Attorney-General’s Department has responsibility for developing policy about issues relating to family law and marriage, including who can get married, who can perform marriage ceremonies and the validity of overseas marriages. The rules governing whether or not a marriage is valid under Australian law are to be found in the Commonwealth Marriage Act 1961.

There are currently no Australian diplomatic or consular officers appointed to solemnise marriages overseas under Australian law.

Marriages entered into overseas are generally recognised as valid in Australia

* if the marriage was recognised as valid under the law of the country in which it was entered into, at the time when it was entered into, and

* providing the marriage would have been recognised as being legal under Australian law if the marriage had taken place in Australia.

There is no requirement to register a marriage in Australia which takes place overseas. The foreign marriage certificate is prima facie evidence in Australia of the occurrence and validity of the marriage.

Marriage to an Australian citizen does not automatically guarantee entry of a citizen of another country to Australia. The Department of Immigration and Multicultural and Indigenous Affairs can advise on immigration to Australia.

You should consult a legal practitioner if you need advice on whether a marriage which has taken place overseas is recognised as being legal in Australia.

The basic rule of recognising foreign marriages is subject to a number of exceptions including:

* where one of the parties was already married to someone else;

* where one of the parties was under marriageable age (i.e. under 18 years of age) and either of the parties was domiciled in Australia at the time of the wedding under Australian law, exceptions to the requirement that both parties be 18 or older can only be authorised by a judge of magistrate, and then only in respect of a marriage between a person aged 16 or 17 and a particular person aged 18 or over. An Australian court order only has effect in Australia for the purposes of the recognition of the marriage in Australia;

* where the parties are too closely related under Australian law (including relationships traced through adoption) i.e. either as ancestor and descendant, or as brother and sister (including half-brother and half-sister);

* where parties to the marriage are both of the same sex;

* where the consent of one of the parties was not a real consent due to duress or fraud, mistake, or mental incapacity;

* where a persons overseas divorce is not recognised in Australia.

(Parties should consult a solicitor if unsure as to whether their marriage will be recognised in Australia, including if there is doubt about an overseas divorce being recognised by Australian authorities.)

From Registering marriages performed in Thailand:

Under Thai law, marriages must be registered with Thai authorities to be legally recognised. A valid notarised Thai marriage will then be recognised in Australia.

You have to get the Thai marriage certificate notarised and translated. See also Certified English Translation Of Marriage Cert.