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Letter of Affirmation – Australia

As an Australian wanting to get married in Thailand you first need to ensure that you understand the process before you apply for an Australian Partner Visa for your Thai wife to take her back to Australia. The marriage registration in Thailand starts with obtaining all the needed documents from home as well as the Australian Embassy in Bangkok. Note that you should also understand the marriage requirements in Thailand.

If you have been married before then the Australian Embassy will want the original divorce decree. If you got divorced in New Zealand as an example then you will have to have the divorce decree certified by
the New Zealand Embassy in Bangkok. In the event that you are widowed then you will also require a death certificate (original) which was issue by the Australian government. These two documents needs to be taken to the Embassy as well where you will complete your affidavit for your Freedom to Marry or Letter of no Impediment to be issued for the Thai government.

You “Statutory Declaration” will be issued to you by the Embassy. Note that this is normally an overnight process so do not go to the Embassy on Fridays as you might have to wait until the following Monday to receive the document. This is important if you live outside of Bangkok and you will have to spend an additional 2 days in Bangkok for this.

Letter of Affirmation – AustraliaOnce you have the document you will now need to visit the Thai Department of Foreign Affairs. All your documents need to be translated into Thai before you hand them in for verification. The Department of Foreign Affairs will now have to verify that all your documents both English and the translated version of your documents is authentic and that the declaration was issued by the Australian government. This can take a full day as they are very busy. Most people use a law firm for the entire process and look for a package offer where they register the marriage, draft a prenuptial agreement, register the prenuptial with the marriage and then apply for an Australian spouse visa when done.

Once the documents have been authenticated you need to go to the Amphurs office and have the marriage registered. All the documents from the Thai Foreign affairs office now needs to be handed to the local Amphur in Thailand. They will now issue you with a marriage certificate. Note that if you have a prenuptial agreement then you have to hand this in with all the other documentation so that it can be registered at the same time. This is important as you can’t register a prenup later as it would be viewed as invalid.

Once this is done you can now either convert your Thai visa for a 12 month marriage visa or you can apply for an Australian Spouse visa in Bangkok. Speak to an attorney in Thailand for more information and assistance in this regard. Note that a village wedding or traditional Thai wedding is not viewed as legal or binding in Thailand or in Australia without being registered.

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