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Posted (edited)

First of all this may seem a silly question and I apologise if it is in the wrong section (please move accordingly) but when I go back to the UK next month, now that I am married (and the marriage being recognised in the UK as well due to getting marrried at an Amphur), how do I go about officially changing my marital status in the eyes of UK law from being single to being married?

Many thanks for any assistance.

ianwuk

Edited by ianwuk
Posted

Despite his nick, AnotherOneAmerican has it, nothing to do except tick the right box on any forms you fill.

Posted

Hello All.

How can a Thai marriage be legally seen as a proper marraige in UK law if my status does not change accordingly?

Thanks for all the answers but I am just worried that it is too easy because, for example, if the UK government looked up my passport number then surely they would see my status of being single?

Thanks again for all the replies.

ianwuk

Posted (edited)

Hello All.

How can a Thai marriage be legally seen as a proper marraige in UK law if my status does not change accordingly?

Thanks for all the answers but I am just worried that it is too easy because, for example, if the UK government looked up my passport number then surely they would see my status of being single?

Thanks again for all the replies.

ianwuk

Your marital status is irrelevant to your passport (and fairly irrelevant to most western governments these days).

Next time you apply for a passport or tax code, (or driving licence?) you tick the 'married' box, and then they know.

If she wants to divorce you in the UK, she encloses her marriage certificate with the divorce papers.

If she wants a VISA to visit the UK, she has to enclose the marriage certificate with her application.

If you die, and she wants to inherit, copy of the marriage certificate to whoever administers your estate.

Not sure why you think an advance record of your marriage is important to the UK government?

Help us out here?

Edited by AnotherOneAmerican
  • Like 1
Posted (edited)

Awesome. I just thought it be much harder such as requiring a solicitor or something to legally change it.

When I went to the British embassy in Bangkok to get the affidavit of marriage they said that we had to contact a solicitor in the UK to update my status under British law which is why I am confused as to what they meant by this.

Thanks again.

ianwuk

Edited by ianwuk
Posted

Thanks for the advice Steve. It just seems that what the British Embassy told me and what I am being told here are conflicting so I just want to know what is the required course of action.

Posted (edited)

Thanks for the advice Steve. It just seems that what the British Embassy told me and what I am being told here are conflicting so I just want to know what is the required course of action.

What the British Embassy suggested was you register the marriage with the GRO, trading in one of your Thai marriage certificates for a British (overseas?) marriage certificate. Completely legally unnecessary unless you want details of your marriage available to future UK generations doing research on their ancestry in the UK.

Edited by AnotherOneAmerican
Posted (edited)

Sorry to correct you, AnotherOneAmerican, but depositing one's foreign, in this case Thai, marriage certificate with the GRO does not mean you will be issued with British marriage certificate of any sort.

All that it means is that a copy of the foreign marriage certificate will be available from the GRO at some future date should anyone want it.

Ianwuk, I have absolutely no idea why anyone at the embassy would tell you that you would need to contact a solicitor to update your status under British law.

Marriage in the UK is governed by separate and different legislation in England and Wales, Scotland and Northern Ireland. Marriage of British nationals abroad is governed by the Marriage with Foreigners Act 1906 (as amended).

Under this act, if a marriage is considered legal in the country where it took place, which for Thailand means the ampur registration, both parties to the marriage had the capacity to marry under the law of that country and both parties consented to the marriage; then it is legal in the UK.

If Thai marriages were not recognised by the UK, thousands of us living in the UK with our Thai spouses would not be!

Having said that, only a UK court of law can determine whether a particular, individual marriage is valid under UK law, which may explain why the official at the embassy told you to contact a solicitor.

Maybe s/he was covering her/his arse!

Edited by 7by7
  • Like 1
Posted

I have no idea why I was told that either which is why it is confusing. I did look in to the GRO thing that was mentioned but I did not see any relevance in it and what the embassy told me.

It seems that I do not need to do anything then, which is good.

Thanks for the reply.

ianwuk

Posted

One thing you should do is get an English translation of the certificate.

Not only will this be needed should she want to apply for a UK visa, it will also be required for various purposes should you and she move to the UK to live and will be cheaper to do in Thailand than in the UK.

The translation should contain

  • confirmation from the translator that it is an accurate translation of the original document;
  • the date of the translation;
  • the translator's full name and signature and
  • the translator's contact details.

Note that the UK does not require 'legalisation' of translations by the Thai MFA, but most other European countries do; especially the Schengen states. So it may be worth getting that done as well in case she wishes to apply for a Schengen visa some time in the future.

Posted (edited)

Sorry to correct you, AnotherOneAmerican, but depositing one's foreign, in this case Thai, marriage certificate with the GRO does not mean you will be issued with British marriage certificate of any sort.

All that it means is that a copy of the foreign marriage certificate will be available from the GRO at some future date should anyone want it.

I have to correct you. It is no longer possible to deposit a foreign marriage certificate at a UK registry office

The reasons are below.

From 1 January 2014 the Foreign and Commonwealth Office (FCO) will discontinue its service of depositing foreign marriage and civil partnership certificates with the General Register Offices in the UK.

British nationals overseas will need to make their own arrangements for the safekeeping of these certificates, as they do for other important documents

Why has the decision been made to stop this service?

This change is being introduced as part of our 2013-16 Consular Strategy. As the strategy makes clear, Consular Excellence is about high-quality, modern, cost effective and efficient support to British Nationals overseas.

This change will help make better use of our scarce resources and modernise the way we deliver these services. This will allow us to concentrate on front-line consular work, providing more support to our vulnerable customers including, for example, minors, the elderly, people with mental health problems, and victims of serious crime abroad.

There is no legal requirement to deposit your foreign marriage or civil partnership certificate with the GRO, or to have your marriage/civil partnership recorded in the UK. The deposit of a foreign certificate does not make the marriage legal in the UK, nor does it recognise the marriage as a valid one.

The validity in UK law of a marriage or civil partnership contracted in a foreign country is in no way affected by its having been, or not having been, recorded in the UK.

https://www.gov.uk/government/news/marriage-certificate-registry-service-discontinued-for-overseas-brits

Edited by Jay Sata
  • Like 1
Posted (edited)

It is true that one can no longer deposit a foreign marriage certificate with the GRO (there are actually three; one for England and Wales, one for Scotland and one for Northern Ireland) via an embassy, and no one here as said that one still can.

But you can do so directly.

I can see no reason for so doing; unless you like giving the government money!

Edited by 7by7
Posted

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One thing you should do is get an English translation of the certificate.

Not only will this be needed should she want to apply for a UK visa, it will also be required for various purposes should you and she move to the UK to live and will be cheaper to do in Thailand than in the UK.

The translation should contain

  • confirmation from the translator that it is an accurate translation of the original document;
  • the date of the translation;
  • the translator's full name and signature and
  • the translator's contact details.

Note that the UK does not require 'legalisation' of translations by the Thai MFA, but most other European countries do; especially the Schengen states. So it may be worth getting that done as well in case she wishes to apply for a Schengen visa some time in the future.

We already have an English translation of our marriage certificate.

Sorry to correct you, AnotherOneAmerican, but depositing one's foreign, in this case Thai, marriage certificate with the GRO does not mean you will be issued with British marriage certificate of any sort.

All that it means is that a copy of the foreign marriage certificate will be available from the GRO at some future date should anyone want it.

I have to correct you. It is no longer possible to deposit a foreign marriage certificate at a UK registry office

The reasons are below.

From 1 January 2014 the Foreign and Commonwealth Office (FCO) will discontinue its service of depositing foreign marriage and civil partnership certificates with the General Register Offices in the UK.

British nationals overseas will need to make their own arrangements for the safekeeping of these certificates, as they do for other important documents

Why has the decision been made to stop this service?
This change is being introduced as part of our 2013-16 Consular Strategy. As the strategy makes clear, Consular Excellence is about high-quality, modern, cost effective and efficient support to British Nationals overseas.

This change will help make better use of our scarce resources and modernise the way we deliver these services. This will allow us to concentrate on front-line consular work, providing more support to our vulnerable customers including, for example, minors, the elderly, people with mental health problems, and victims of serious crime abroad.

There is no legal requirement to deposit your foreign marriage or civil partnership certificate with the GRO, or to have your marriage/civil partnership recorded in the UK. The deposit of a foreign certificate does not make the marriage legal in the UK, nor does it recognise the marriage as a valid one.

The validity in UK law of a marriage or civil partnership contracted in a foreign country is in no way affected by its having been, or not having been, recorded in the UK.

https://www.gov.uk/government/news/marriage-certificate-registry-service-discontinued-for-overseas-brits

Yes, I noticed this also which is why what the British embassy said to me makes no sense.

Many thanks.

ianwuk

Posted

Note that the UK does not require 'legalisation' of translations by the Thai MFA, but most other European countries do; especially the Schengen states. So it may be worth getting that done as well in case she wishes to apply for a Schengen visa some time in the future.

Which EU countries, if any, would this be indefinitely valid for?
Posted

Hello All.

How can a Thai marriage be legally seen as a proper marraige in UK law if my status does not change accordingly?

Thanks for all the answers but I am just worried that it is too easy because, for example, if the UK government looked up my passport number then surely they would see my status of being single?

Thanks again for all the replies.

ianwuk

Your marital status is irrelevant to your passport (and fairly irrelevant to most western governments these days).

Next time you apply for a passport or tax code, (or driving licence?) you tick the 'married' box, and then they know.

If she wants to divorce you in the UK, she encloses her marriage certificate with the divorce papers.

If she wants a VISA to visit the UK, she has to enclose the marriage certificate with her application.

If you die, and she wants to inherit, copy of the marriage certificate to whoever administers your estate.

Not sure why you think an advance record of your marriage is important to the UK government?

Help us out here?

Spot on information there from OneAmerican.

Posted

Note that the UK does not require 'legalisation' of translations by the Thai MFA, but most other European countries do; especially the Schengen states. So it may be worth getting that done as well in case she wishes to apply for a Schengen visa some time in the future.

Which EU countries, if any, would this be indefinitely valid for?

As far as I am aware, like the original certificate itself, the translation wont expire; so all of them.

But if you have evidence from the Thai MFA or a Schengen state that this is incorrect, please provide it.

Posted

I married here, had a translation done, no recording of details in the UK, My wife uses Thai name in Thailand, and my name in UK, settlement visa in UK, now with a British passport.

Posted

If, like me, you are registered with the Government Gateway for Tax Self Assessment, you can log on there and change your marital status.

It will cascade the information to the tax and pensions people.

If you have any sort of pension scheme, make sure you inform them as your wife may be entitled to death benefit and/or a widow's pension. My scheme required a translation of the marriage certificate AND her birth certificate which we got from the same service as we used for the affirmation to marry. MFA certification was not needed.

I also told my home and car insurers, neither premiums changed.

If you live in England, all previous wills become null and void on marriage, different rules certainly apply in Scotland, so that needs checking too.

Posted

On depositing a foreign marriage certificate with the GRO,

I can see no reason for so doing; unless you like giving the government money!

It may help bridge the 23 year gap between 1983 and 2006 when British nationality was neither acquired purely by place of birth nor passed down through the male line outside marriage. Marriage certificates, naturalisation certificates, letters confirming grants of ILR and passports will be scattered between family members, and apparently British passports are not firm evidence of British nationality.

It won't be long before applications for first passports have to ask for information about great-grandparents and their marriages.

In the OP's case, it would only matter in the unlikely eventuality that he and his wife have a child born before 2006.

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