Seeking advice about getting married to a Thai national at the Thai embassy in Vietnam + prenuptial advice

[keysersoze276]

This is weird.  My Thai girlfriend of 7 years and I came to Vietnam early this year and have been unable to return to Thailand due to travel restrictions.  Thai landlord is charging us full rent for several months we have been gone, condo could be rat and cockroach infested by now, motorbike could be stolen for all I know, she’s obviously out of work and we have no idea of what the future holds for her or anything.  We always wanted to get married, but it was no rush.  She has been in contact with her embassy and they said we could get married at the embassy in Vietnam and I could come back to Thailand as long as she has a certificate of single status (which we can get by first giving power of attorney to her family member who can pick it up and send it to her in Vietnam, apparently), and I have a notarized paper from my embassy that says I am legally able to wed.  
 

Is this making any sense so far?  Just get a couple documents and go to the embassy In VN and get a marriage visa?  What about the Thai translation and photos of us standing outside our door, etc.  Is that only for extension?

 

Also, I searched the forum for “prenuptial” and “prenup”. and got a single article about Joe Biden.  Does anyone know how to go about this, especially as neither of us is in our home country?

 

Really need some advice and insight.  Really.  I would really appreciate it.  I can give you a high five or a high wai.  Thanks in advance for anything!

[glegolo]

If reason for getting married is to be able to return to Thailand, then you are out for a real surprice. Haven´t you read about all the problems in getting back into Thailand, all the hurdles..

Getting certificate of you being covid-19 free, buying very expensive tickets and ending up in a qurantine hotell so expensive......

 

I suggest that you check up the way to be able to come back to Thailand before you even start to think about getting married.

 

glegolo

[ubonjoe]

There is info about registering your marriage at the embassy Hanoi here in Thai. 

https://rtehanoi.thaiembassy.org/th/publicservice/26139-การสมรส?page=5d7de15d15e39c3484001bbf&menu=5d7de15d15e39c3484001bc0

After that then you could a apply for a non-o visa for you and a certificate of entry for both of you. 

Some info for getting the certificate on entry is here. https://rtehanoi.thaiembassy.org/th/publicservice/26139-การสมรส?page=5d7de15d15e39c3484001bbf&menu=5d7de15d15e39c3484001bc0

You will need a covid 19 medical insurance with coverage of $100,000 US and a covid 19 test 72 hours before departure.

If applying at the consulate in Ho Chi Minh City info can be found here. https://hochiminh.thaiembassy.org/th/index

For info about a prenup and etc. Look on the Marriage and divorce for info and/or post a topic. 

 

[khunjeff]

There's no doubt that a marriage at the Thai Embassy or Consulate will be recognized for Thai visa purposes - which is your main concern right now - but you should be aware that it may not be recognized for some other purposes, which could lead to difficulties.

 

Marriages performed anywhere are generally recognized everywhere, in accordance with a principle of international law known as "comity of nations", but that applies only when the marriage itself is legal in the venue where it took place. As far as I know, Vietnam only recognizes a marriage within its territory as legal if that marriage was performed and registered under Vietnamese law. Article 9 of the Vietnamese Marriage and Family Law of 2014 states that "A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status... A marriage which is not registered under this Clause is legally invalid." To the best of my knowledge, foreign diplomatic missions ar aren't considered "competent state agenc[ies]" under this law.

 

I don't know your nationality, but - for example - if you're American and wanted to sponsor your wife for a green card, you would not be considered "married" for US immigration purposes if your marriage was not considered legal in the place where it was celebrated. This is an issue that comes up frequently with people who register marriages at Thai diplomatic offices in countries or states that don't recognize embassy marriages (which is most countries).

 

The real kicker is that if this problem arose and you wanted to re-register your marriage at a district office in Thailand in order to regularize it, the district office would refuse to process the new registration, since in their view you would already be married. It's complicated!

 

Depending on your nationality and future plans, none of this may affect you, but I think you should be aware of the possible issue before you go any further. Good luck.

[The Theory]

You need to decide yourself. There is no given information.Your nationality, financial condition, age, type of visa you stay in Thailand and more. 
good luck

[donmuang37]

Unless, I'm mistaken, an embassy is considered sovereign territory of the country occupying it.  If so, a marriage in the embassy would be legally the same as a marriage inside Thailand.  Good luck!

 

[khunjeff]

On 9/15/2020 at 11:27 PM, donmuang37 said:

Unless, I'm mistaken, an embassy is considered sovereign territory of the country occupying it.  If so, a marriage in the embassy would be legally the same as a marriage inside Thailand.  Good luck!

 

You're mistaken. Although that idea comes up regularly in Hollywood thrillers, it's actually a legal fiction which is pretty much totally rejected by modern international law. Embassies are inviolable under diplomatic agreements and are generally not subject to host country laws, but as a factual matter they are indeed still part of the territory of the host country.

 

In practice, this means that Vietnam can't stop Thailand from registering marriages within its consular offices, but neither Vietnam nor any other country is obligated to consider those consular marriages as valid the way they would with a marriage actually registered on Thai soil. Thailand will treat such marriages as equivalent to those performed in Thailand, but other countries may or may not do the same.