Registering marriages (to do or not to do)

Spitfire · Post by **Spitfire** » Sun Apr 20, 2008 5:13 pm

To all,
I am married to a Thai woman and have been so for 4 years, without too many problems. When I went to the ministery of foreign affairs to marry, all I needed was the 'Affirmation of the freedom to marry', for those that are not sure, this to prove that you are not married in your home country(Thai law requirement), gained from your embassy.

You have the choice to register the marriage or not with your home embassy if you so choose.

My question is:
If you fail to register your marriage to the Thai at your embassy, then the marriage does not fall under the law of your home land, is it then only valid in Thailand?

Not sure if this true but have heard that it is. Maybe some of you know the answer to this one as I'm sure the answer would be useful to many that read.

If it is true then you can marry and get the benefits, but fail to register it at your embassy and enjoy a risk free marriage by leaving finances in Europe where they have no claim.

All comments and stories welcome, they may help many.

Post by **Janis** » Sun Apr 20, 2008 5:30 pm

I got married 8 years ago in Thailand to a fellow Brit and we had all documents translated from English into Thai in Bangkok and the handed over to the British Embassy for notification - they documents were then sent down to Phuket (were we were staying at the time on holiday and marrying there) and then married in the Ampur (Register Office) in Phuket. We did not have the time to get the documents registered at the British Embassy in Bangkok so came back to Scotland - we checked several times with the Registrars of Scotland and asked if we could get married in the Register Office here but they said we could not as we are officially married with a legal government document and even although it is not registered here it is legally binding. We could send the marriage certificates to the Thai Embassy in London for translation (it would cost around £200) but since we have been told by the Government that it is legally binding don't see the need. Hope this helps you. Not sure how it works for you being married to a Thai.

Post by **sandman67** » Sun Apr 20, 2008 6:17 pm

It all depends on where you come from - each country has its own laws as to recognising marriages.

In the UK it is not a requirement that marriage docs are sent to the relevant government departments ... your marriage is recognised if legally conducted by the law of the country you were married in (is a summary what I was told).

I was previously married in the USA and the only time I was asked to show proof was by the tax office in the UK and the court when it went to ratshit and we had to get divorced. We never registered our marriage in the UK and had no problems.

Legal claims in estates fall under national laws as far as I know. Id take advice from a lawyer experienced in both Thai and whatever country you come from's laws.

Post by **lomuamart** » Sun Apr 20, 2008 6:31 pm

Being married to a Thai results in the same legal consequence as Janis outlined (as long as it's an Amphur certificate, not the Buddhist blessing). You are legally married and that is recognised by the UK and probably everywhere else in the world.
I've been married for 3 years to my Thai wife and havn't bothered with registering it with the British Embassy. After parting with money for their fee - The Embassy's web site will tell you how much - the marriage certificate is sent to the Births, Deaths, Marriages place in the UK. It used to be Somerset House, but changed years ago. I've also a feeling that the original certificate goes there, so if you need another one for whatever reason - maybe a visa - you'll be forking out again at the Amphur Office and maybe the MFA in BKK as well.
The only reason I could glean for registering with The Embassy was that your document was pretty safe and copies could be obtained from the UK if necessary.
On a slightly different note, I have registered with The Embassy that I'm living here. My wife's details are on that in my family name. It can be done very easily online and can help with visas for the missus should you apply for one. Also, if you need a letter confirming your income from BKK for visa purposes, The Embassy insist that you're registered with them.

Post by **dtaai-maai** » Mon Apr 21, 2008 12:09 am

spitfire wrote: 'Affirmation of the freedom to marry', for those that are not sure, this to prove that you are not married in your home country(Thai law requirement), gained from your embassy.

I'm assuming, pessimistically, that in order to get this I will have to produce divorce certificates from my previous (2) marriages in the UK. The thought of that rigmarole is almost enough to make me reconsider the idea... (nah, not a chance!)

Could somebody make my week by telling me that all I have to do is sign a legally binding document affirming that I'm free to marry?

Post by **lomuamart** » Mon Apr 21, 2008 6:29 am

dtaai-maai,
I'm afraid I'm probably not going to make your week. I think your going to need the divorce papers:
http://www.britishembassy.gov.uk/servle ... 8717516870
and
http://www.britishembassy.gov.uk/Files/ ... MPLE,0.pdf

Post by **kendo** » Mon Apr 21, 2008 5:08 pm

Dtaai maai,Quote ( The Thai authorities require that any foreign national wishing to marry in Thailand obtain an “affirmation of freedom to marry”. This affirmation must be made in person at the Consular Section of the British Embassy in Bangkok. It is not possible to obtain the affirmation from the United Kingdom in advance.) I just copyied this from the concular web site, thats not true i got my affimation from the U.K, i went to the registrars office he took my details and my wifes details, she was previously married but devorced and put them on a notice board for 21 days no other proof required, cost £30.00 my wife came to U.K on a fiance visa the one requirement for the visa is that we had to get her devorce paper translated into English at the cost of a few pounds.If any one is intrested in wot is involved in marrage visa's for the U.K i have first hand experance in this.Dtaai maai your details should be on the registrars data base so devorce cert's should be easy to obtain, i can phone and check with my local office if you want.If anyone has now or in the future has any plans to come to the U.K with there partner or wife they want loads of proof of relationship so it is best to register, if you put an appication in and they reject it you don't get your money back.

Post by **dtaai-maai** » Mon Apr 21, 2008 6:16 pm

<<sigh>> Thanks, lomu...<<sigh>>

kendo wrote: Dtaai maai your details should be on the registrars data base so devorce cert's should be easy to obtain, i can phone and check with my local office if you want.

Yes please, kendo, that would be very kind of you. We have no plans to go to the UK together either for a visit or (God forbid) to live, all I want is the 'free to marry' certificate, so a general enquiry and perhaps a central address I could write to would be wonderful.

I love this forum! (Sometimes...

)

Post by **fach3003** » Mon Apr 21, 2008 6:57 pm

Mislead again....
We got married in Thailand in 2004
(and then went and got all the paperwork
sorted in BKK)...On returning home a couple of friends/
family mentioned
that it didnt count over in UK...In my eyes i was married
it was a big do and ive got my marriage cert to prove it
best day of my life etc etc...

But we both thought we had to get married here too....
Thats cleared that up then.....
If people tell you something enough you believe it i suppose....

Saved me a packet....was going to plan it next year
Think friends and family just wanted a party...

She fancied a white wedding.... i will break the news

Post by **dtaai-maai** » Mon Apr 21, 2008 7:02 pm

hey fach, nothing to stop you having a church marriage, or even a blessing ceremony (pretty much the same thing), regardless - think what fun it would be! Worth every penny...

Post by **kendo** » Mon Apr 21, 2008 7:09 pm

Dtaai maai,Just phoned the local registrar,she told me that you will have to apply to the court where you marrage's were desolved and then pay for new decree absolute,you will need to have this,but she dosent know if you can apply to the court by letter or if it has to be in person.Wot i have is just the same as an affimation it's called a deed of no impediment and is designed to show that i am free to marry a foreigner abroad to get one of these you have to be in the U.K for at least 8 days and then you have to give the registrar your details and then just wait for 21 days for the cert.Maybe it would be best to call the embassy for advice, wot i said about registering with the embassy is for this reason, you have made Thailand your home but god forbid,if one day you had a serious health problem and needed to return home quickly,you would want your mrs by your side for support.I am not trying to be doom and gloom but it really is difficult to get visa's to come to the U.K any official wheels turn very slowly.

Post by **fach3003** » Mon Apr 21, 2008 7:29 pm

dtaai - maai, cheers !!

its back on then....fancied a bit of a do...

she'd love it too....especially the white wedding bit!!

well back to graft....still 16 months to go till HH arrival....

Post by **dtaai-maai** » Mon Apr 21, 2008 9:29 pm

Thanks kendo, I owe you a large one.

fach, if you could time the ceremony for when I'm back there getting my 'deed of no impediment', it might the trip a bit more worthwhile!

Post by **dtaai-maai** » Mon Apr 21, 2008 9:30 pm

Hang on, Newcastle? Isn't that quite a long way from Kent...?

Post by **lomuamart** » Mon Apr 21, 2008 10:18 pm

As kendo says, a decree absolute is exactly that. The end of the marriage. So, you'll need some paperwork to be clear that either here in Thailand or the UK.
If you are a scoundrel, then it could come back on you.
If you have the paperwork, there won't be a problem in either the UK or Thailand.
As far as a potential visa for your wife is concerned, I have to disagree. It took my wife 3 days to get her's, but we were prepared.

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