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Thai marrying in Thailand when they didn't divorce overseas from overseas marriage?

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On 10/11/2019 at 9:19 PM, bbi1 said:

Is a Thai person legally allowed to get married in Thailand when they are legally still married overseas

No. 

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46 minutes ago, Just Weird said:

So you think that bigamy may be acceptable in Thailand, yes?  Geez...

No, he's saying if the Thai girl is still in touch with her husband to ask him about divorce laws in SA :coffee1:

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The Thai would commit a criminal offence (bigany) and the new marriage would be nul and void, leaving the foreign husband with serious problems immigration wise if his stay is based on his "marriage".

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14 hours ago, Just Weird said:

So you think that bigamy may be acceptable in Thailand, yes?  Geez...

Not at all, you have completely misunderstood me.

 

I meant the Thai person should, if they are in contact with their ex, find out if the person in South America can file for divorce, for example by abandonment, without the Thai having to be present.

 

I know a Thai can be granted a divorce for a Thai marriage that way after a period of time, but as we do not know which South American country we are talking about, nobody can investigate a solution for the OP.

 

@Dumbastheycome

 

There is no longer any provision to register Thai marriages with the British Embassy or any requirement even to do so, the marriage is recognised by the UK as long as it is properly recorded in Thailand. You should however inform the likes of HMRC, pension companies etc and also be aware that marriage invalidates any former wills.

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Civil and Commercial Code Section 1452:

 

A marriage cannot take place if the man or woman is already the spouse of another person.

 

That's quite definitive.

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23 hours ago, The Fat Controller said:
On 10/13/2019 at 12:53 AM, Just Weird said:

So you think that bigamy may be acceptable in Thailand, yes?  Geez...

Not at all, you have completely misunderstood me.

 

I meant the Thai person should, if they are in contact with their ex, find out if the person in South America can file for divorce, for example by abandonment, without the Thai having to be present.

 

I know a Thai can be granted a divorce for a Thai marriage that way after a period of time, but as we do not know which South American country we are talking about, nobody can investigate a solution for the OP.

The question that I responded to and the only question that the OP asked was, "Is a Thai person legally allowed to get married in Thailand when they are legally still married overseas (from a South American country) in which they haven't divorced there yet?"

 

There is no grey area, that cannot be done legally in Thailand, it would be bigamy. 

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On 10/12/2019 at 5:53 PM, bbi1 said:

Does anyone know how it's possible to get a divorce done in thailand for a marriage from overseas? From what I've heard it's nearly Impossible. Have to  back to the country where the marriage took place.

That's what I did. Married in the US. Later, registered marriage in Thailand. Then divorced in Thailand. The US must accept the divorce decree of Thailand, just as Thailand accepted the marriage decree of the US.

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On 10/13/2019 at 3:21 PM, The Fat Controller said:

I meant the Thai person should, if they are in contact with their ex, find out if the person in South America can file for divorce, for example by abandonment, without the Thai having to be present.

 

I know a Thai can be granted a divorce for a Thai marriage that way after a period of time, but as we do not know which South American country we are talking about, nobody can investigate a solution for the OP.

The country specifically is Mexico. What happens if it seems the ex is difficult and doesnt really want to hoping that one day she will come back?

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On 10/14/2019 at 7:29 PM, timendres said:

That's what I did. Married in the US. Later, registered marriage in Thailand. Then divorced in Thailand. The US must accept the divorce decree of Thailand, just as Thailand accepted the marriage decree of the US.

Can an overseas marriage(USA) be registered in Thailand by only one party? 

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7 hours ago, livram said:

Can an overseas marriage(USA) be registered in Thailand by only one party? 

I am not sure. When I registered with my wife, we both attended. From my vague recollection, it did seem that we both needed to be there, and we needed a witness as well.

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Help me understand this.  What is the need to register a foreign marriage in Thailand?  Regardless of where you were married (with a few exceptions), your marriage is legally recognised in Thailand and vice-versa.

I don't get why some posters here find it necessary to register their foreign marriage.

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If not, immigration will not grant an extension of stay based on marriage to a Thai. It also makes it easier to proof that you are married, should you need it.

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7 hours ago, HHTel said:

Help me understand this.  What is the need to register a foreign marriage in Thailand?  Regardless of where you were married (with a few exceptions), your marriage is legally recognised in Thailand and vice-versa.

I don't get why some posters here find it necessary to register their foreign marriage.

Possibly needed in case wife dies without will, if marriage not registered in Thailand possible husband will not be recognized at such. Or, how can husband divorce wife if she is not in Thailand and marriage not registered?

 

When I came to Thailand overseas marriage did not need to be registered to get marriage visa. The requirements must have changed after I switched to retirement visa.

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Also it goes beyond criminal penalties as there are likely civil consequences as well.

For example, in the event of an inheritance, courts are likely to grant the estate of the bigamous party to the first spouse even if they were seperated for many years.  So a new (2nd) family may have trouble inheriting anything even though they lived together. 

And trust me, private investigators are very good at finding out skeletons in the closet even from other continents.

 

If you do not want to have a very complicated legal situation on your hands (complicated = expensive), you definitely should get divorced before remarrying.

Edited by Time Traveller

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