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countryjoe

what is the difference between a legal and a religious ceremony in thailand

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I was talking to this Thai national in 2010 and decided to visit her, and at the time I thought  was a good  lady and in may 2010 we got married in a Buddhist wedding  and applied for a partner visa but the visa   was not granted and she decided not to come here.  

 

This is the reason for my question. Is the legal ceremony recognised in Australia by the Australian   government and how do you find out  whether  your   Buddhist wedding is legal or a religious ceremony .  I want to get a divorce now because  I have met the best  fantastic  lady,  and what  is the   best  way to get  a divorce from a Thai national. Can I do it from Australia  cause  the  thai  embassy says I have to go to Bangkok.

 

Any  helpful information be greatly appreciated  

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I was talking to this Thai national in 2010 and decided to visit her, and at the time I thought  was a good  lady and in may 2010 we got married in a Buddhist wedding  and applied for a partner visa but the visa   was not granted and she decided not to come here.  
 
This is the reason for my question. Is the legal ceremony recognised in Australia by the Australian   government and how do you find out  whether  your   Buddhist wedding is legal or a religious ceremony .  I want to get a divorce now because  I have met the best  fantastic  lady,  and what  is the   best  way to get  a divorce from a Thai national. Can I do it from Australia  cause  the  thai  embassy says I have to go to Bangkok.
 
Any  helpful information be greatly appreciated  

 

 

Your post is a little confusing. You stated that you got married in a "Buddhist Wedding". If this is the case it is not a legally recognised marriage as far as Australian visa purposes go.

 

If you registered your marriage at the District Office (Ampur), then you are legally married. You will need to get a divorce in Thailand before you marry again.

 

You said your former partner applied for a partner visa. Do you know what happened? Was the visa granted or refused?

 

In relation to your former partner applying for a partner visa, she would had to have been legally married to you (or de facto) and not just a Buddhist wedding ceremony. 


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okay very sorry post is a bit confusing. Yes got married in 2010 in a Buddhist ceremony and the visa was not granted cause  they said not sufficient evidence for granting of a partner visa  and I guess  after applying for a visa be best  to apply for a divorce  and  do you have to go Thailand or can you do it in Australia through the family  law   court  please   any   info  be  good   cheers

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another dumb question is wants to know how to check if the marriage was registered in district office...bec it was my ex and migration agent processed the visa..I really need to know this as soon as possible bec me and my fiance are planning of getting married on december and will apply partner after.

 

Your advise is much appreciated.

 

Cheers,

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another dumb question is wants to know how to check if the marriage was registered in district office...bec it was my ex and migration agent processed the visa..I really need to know this as soon as possible bec me and my fiance are planning of getting married on december and will apply partner after.

 

Your advise is much appreciated.

 

Cheers,

 

another dumb question is wants to know how to check if the marriage was registered in district office...bec it was my ex and migration agent processed the visa..I really need to know this as soon as possible bec me and my fiance are planning of getting married on december and will apply partner after.

 

Your advise is much appreciated.

 

Cheers,

 

will apply partner visa after getting married this coming december*

 

I can advise on getting a divorce. My understanding however is that if you were married in Thailand, you will need to be present in Thailand to get the divorce.

 

You said you will get married in December. Where will you get married, in Thailand?

 

If you get married in Thailand you have to sign a stat dec at the Australian Embassy (Do you recall doing that before) that you are no legally married.

 

Keep in mind too that the Department of Immigration will have your first sponsorship on file and will certainly look at that.

 

If you were legally married, it would be best to get the divorce sorted ASAP.

 

All the best.


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another dumb question is wants to know how to check if the marriage was registered in district office...bec it was my ex and migration agent processed the visa..

 

To check if the marriage was registered in the Amphur office (district office) the easiest way would be to front up and check or ask your girlfriend to go check (they may or may not tell her). It has to be the district office the marriage took place at I believe.

 

The other way is to hire a Thai lawyer to do it for you.

 

If it was registered then you should remember, because its a involved process and something you should not have forgotten about. You have to get paperwork from the Australian Embassy, then translated, then endorsed by the Thai MFA, then front up at the Amphur Office in person and do the paper work. 

 

If legally married in Thailand you can get a divorce in Australia, but its harder and I think you will have no chance getting it done before December, given you lack of  knowledge of marriage status and therefore lack of documents, and the process you have to go though.

 

Here is a link to the requirements http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Divorce/

 

Taken from the above website

 

I married overseas – can I get a divorce in Australia?

If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:

  • regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
  • are an Australia citizen by birth or descent
  • are an Australia citizen by grant of an Australia citizenship
  • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:

  • an English translation of it, and
  • an affidavit from the translator which:
  • states his or her qualifications to translate
  • attaches a copy of the marriage certificate
  • attaches the translated marriage certificate
  • states that the translation is an accurate translation of the marriage certificate, and
  • states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.

More information can be found in the Affidavit translation of marriage certificate form under the Forms section of this website.

I can’t find my spouse to serve a divorce application, what do I do?

If you have made a sole application, you need to serve the divorce application on your spouse. If you have taken all reasonable steps to serve your divorce application on your spouse and you are unable to do so, you can apply to the Court for:

  • substituted service, or
  • dispensation of service.

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Hi countryjoe,

 

Just to make things clear, if you are married and want to get a divorce in Thailand, you have to appear in person. My post before was in regards to a Thai lawyer finding out if your are legally married or not.

 

Divorce if your wife agrees is pretty simple and straight forward (but you both need to be in Thailand and appear together), but if she doesn't agree with the divorce you will need a lawyer and it will involve court appearance etc

 

Also be aware that assets and property acquired during marriage are commonly considered community property with both spouses having ownership rights.  The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.

 
Debts incurred during the marriage, whether they are household, medical, or educational, are normally the responsibility of both parties.

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Hi countryjoe,

 

Just to make things clear, if you are married and want to get a divorce in Thailand, you have to appear in person. My post before was in regards to a Thai lawyer finding out if your are legally married or not.

 

Divorce if your wife agrees is pretty simple and straight forward (but you both need to be in Thailand and appear together), but if she doesn't agree with the divorce you will need a lawyer and it will involve court appearance etc

 

Also be aware that assets and property acquired during marriage are commonly considered community property with both spouses having ownership rights.  The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.

 
Debts incurred during the marriage, whether they are household, medical, or educational, are normally the responsibility of both parties.

 

 

TSO that you again for providing such useful advice here and elsewhere on the forum. You are are very valued member here on the forum I very much appreciate your input on the forum. 


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hey tso thank you for your great help and advice I think it might be best to go to Bangkok to get a divorce, or if not able to go to Bangkok myself, to engage the services of a Thai lawyer

 

Hi Country Joe, when you post on the forum can you try to avoid putting several spaces in between each word. It makes your posts difficult to read and I have to go back over them and edit.

 

Cheers 


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Thanks for  the great adviced guys and happy new year. I have a new question though.I just married last december with my filipina wife and on the process of filling up the the 40SP form for the 820/801 application of my wife .By the way  the marriage was not registered in thailand with my ex-wife last time  as I remembered that we didnt undergo any special process of registration there, after the wedding I just stayed there for 2days and came back here in australia,also a thai friend of mine who helped organized the  application that time didnt submit any marriage certificate when  my ex-wife submitted the partner visa. 

 
Now just confused because I dont know what to answer in the question "How relationship ended(eg. divorce, death) ....PLS HELP what to answer in the question....
Can I just make a letter statement about the history of my  relationship with my ex-wife explaining what happened? I cant even ask my ex-wife  for the stat declaration for separation because I dont have her contacts anymore.another additional note is, her english is very poor so our communication that time is really bad...I know I've been stupid...though I have learned my lesson.Moving forward, I am very happy now with my new wife.
 
Your advised   would be a big help again
 
Cheers,

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If your referring to your Thai partner, you weren't legal married she wasn't/isn't has never been your wife (legally). A village wedding means nothing legally in Thailand or Australia, so answer no and complete the defacto section, because that is all she was a De-facto, maybe even that is a stretch more likely going on the information provided only a girl friend.  

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If your referring to your Thai partner, you weren't legal married she wasn't/isn't has never been your wife (legally). A village wedding means nothing legally in Thailand or Australia, so answer no and complete the defacto section, because that is all she was a De-facto, maybe even that is a stretch more likely going on the information provided only a girl friend.  

 

TSO, A point of clarification.

 

in Thailand they have very different defacto laws than we do.  A village wedding presided over by the parents is legally binding as a defacto in Thailand, and does not need to meet the 12 month co-habitation rule.  A situation that a lot of ferang have tested in the Thai courts and lost.  But your are correct that it is not legally recognised as a marriage or defacto in Australia.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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On 12/27/2015 at 3:13 PM, AussieDude said:

 

TSO, A point of clarification.

 

in Thailand they have very different defacto laws than we do.  A village wedding presided over by the parents is legally binding as a defacto in Thailand, and does not need to meet the 12 month co-habitation rule.  A situation that a lot of ferang have tested in the Thai courts and lost.  But your are correct that it is not legally recognised as a marriage or defacto in Australia.

Just another correction here;

Thailand doesn't have de facto laws and a de-facto relationship isn't recognised under Thai law. Village weddings aren't legally binding in anyway under law unless registered at the local Amphur, although they are excepted culturally.

For references see here ประมวลกฎหมายแพ่งและพาณิชย์ มาตรา ๑๔๕๘  http://library2.parliament.go.th/library/content_law/15.pdf 

A village wedding is recognised as proof of a de facto relationship in Australia. (as long as you meet the other requirements) 

 

 

 

 

 

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