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Reader question: Remarriage after death of Thai wife

By Submitted Message
Posted in Reader question
Tags: ,
January 14 2015

Dear readers,

I was married under Thai law to a Thai woman who unfortunately died in an accident 2 years ago.

Our Thai marriage was not registered in the Netherlands. After that I have not been married again, neither for Thai nor for Dutch law. Of my wife's death I have the statement issued after her death.

Now I have a new Thai girlfriend and want to marry her under Thai law. Do the same rules and conditions apply again as they applied to my first marriage?

With kind regards,

Kees

Number of times read: 166

10 responses to “Reader question: Remarriage after death of Thai wife”

  1. Jasper says up
    14 January 2015 at 10: 11

    Dear Kees,

    By Thai marriage I assume you mean that you are legally married at the Amphoe (town hall), but that you have not reported this to the Dutch authorities.

    One problem I see is that in order to get married (again), you have to submit a sworn statement from the Netherlands, translated into Thai, stating your marital status. In your case this will result in: “unmarried”, instead of “widower”. This will therefore cause problems at the Thai civil registry, where you (I assume) are registered as a widower.

    It seems to me that it is best to inquire at the Dutch registry office and, if necessary, have the documents of marriage AND death of your wife translated, sworn and registered in the Netherlands. This procedure can take a (very) long time, in my case (marriage) more than 6 months.

    • noah says up
      14 January 2015 at 13: 14

      The Dutch state has nothing at all to do with foreign marriages. They only issue a certificate that one can marry. So you now have the death certificate, says the questioner. You must now have this legalized / translated by the Thai government (usually foreign affairs) and have it legalized at the Dutch Embassy. This is proof that you are officially no longer married and can therefore obtain a new certificate of legal capacity to marry.

      Civil marriage ends in the Netherlands upon death (Article 149, Book 1 of the Dutch Civil Code).

      If you have been living in Thailand for the last 6 months, you must get a legalized document from your civil registry there. So your civil status in Thailand. This is a requirement to officially get married again! Do you officially live in Thailand Kees?

      Jasper makes it way too difficult and why it can take 6 months is a mystery to me?

      You can find information on the website Dutch Embassy in Bangkok – products and services – getting married in Thailand. Send them an email and they will explain what to do, they may send you to Kuala Lumpur where nowadays "The Head Office" is about this kind of business. But they always give correct answers to your questions. Straight from the source is always better than 10 different answers here on the blog.

      • janbeute says up
        14 January 2015 at 14: 46

        This story is not entirely based on truth .
        The Dutch government certainly has something to do with a marriage concluded or registered in both Thailand and Holland.
        Even insurance and pension funds can play a role in knowing that a legal spouse has passed away.

        Jan Beute

        • noah says up
          15 January 2015 at 01: 41

          Totally agree @ Jan. I meant to say purely about marriage. That is a matter and according to the rules of the country where one wants to get married (in this case Thailand). It is then up to you whether you want to officially register the marriage with all the benefits that entails. As you explained in your posting of 14.41 pm, also completely correct!

          @Jasper. You are confusing 2 things. If you want to marry a foreigner in the Netherlands, you need the M46 declaration.

          Declaration for non-Dutch nationality

          Do you or your partner not have Dutch nationality? And do you want to get married or enter into a registered partnership? Then you need an M46 statement. You can request this statement from your municipality.

          The IND checks your residence status and the Aliens Police investigates whether there is a marriage of convenience. These checks take place if you want to enter into a marriage or partnership in order to obtain a residence permit for the non-Dutch national.

          You can read the whole story on the website of the central government!

          Who says Kees doesn't need a legalized document to marry Jasper?
          Can't read back anywhere, can you? We are talking about the certificate of marriage authorization… Does Kees not meet the requirements to get it, no certificate, no official marriage possible, simple right? If you meet all the requirements, it's a piece of cake to get that deed!

          Furthermore, in the Netherlands one is legally unmarried after death and since one is unmarried one can apply for a new marriage certificate.

      • Jasper says up
        14 January 2015 at 18: 34

        Dear Noah,

        it took 6 months before I got a decision from the Dutch authorities that the marriage was also registered under Dutch law. This in connection with all kinds of research into marriages of convenience.
        The civil registry in Thailand REQUIRES a legalized, translated document from the Netherlands stating your marital status. No document = no marriage at the Amphoe.
        How then should this widower get married?

  2. jasmine says up
    14 January 2015 at 12: 59

    That seems very strange to me what Jasper says…

    So your previous marriage was only registered in Thailand.
    Your marriage is therefore also dissolved in Thailand due to the death of your wife.

    In my opinion, if you want to get married again officially, you just need your marital status in the Netherlands again and you have to request it again in the Netherlands and have it translated again…

    Then follows the normal procedure of marrying a Thai national, as with everyone else, but with the Thai death certificate of your previous Thai wife…
    This certainly does not have to take long if you have already had the necessary papers translated as you did at your previous Thai wedding.

    • Jasper says up
      14 January 2015 at 18: 40

      Dear Jasmine:

      The Dutch document says: Unmarried.

      The Thai document says: widower.

      Does this cause problems? Maybe not. But it doesn't work!

  3. janbeute says up
    14 January 2015 at 14: 41

    If your marriage is only legally registered with the Thai government or Amphur then you only have paperwork with the Thai local government.
    This in connection with the death of your spouse or sometimes in the event of a divorce.
    Simple , because the Dutch government does not know that you have ever been legally married under Thai law here in Thailand .
    Are you officially legally married, just like me with the Thai local government, and like mine or maybe your marriage is also registered in Holland at the town hall and the civil registry.
    Yes, then it's a completely different story.
    Then you must be able to substantiate the death or divorce with legalized evidence at both authorities, both in Thailand and Holland.
    And only then is the way clear for a new marriage anywhere .

    Jan Beute.

  4. Dre says up
    14 January 2015 at 23: 14

    Dear Kees, I don't see that getting married again would cause any problem. Let's get the facts straight; you are legally married in Thailand. The marriage may not have been registered in the Netherlands. Now your Thai wife has passed away and you wish to marry your new girlfriend. So what's the problem? After all, you have the Thai death certificate of your wife, so you are a widower for the Thai government. (read singel) The papers in the Netherlands will then say "unmarried" (read singel) as before. So 2X single. If there are any questions from the Thai government, explain to them the reason why the marriage was not registered in the Netherlands. Only you can best explain that to them. And since you are a widower under Thai law and unmarried under Dutch law, there is no problem. You have become an “involuntary” free man. Do you understand my position? I'd say don't be put off. Greetings Dre

  5. henry says up
    15 January 2015 at 05: 41

    You only need a declaration of unmarried status. This is delivered by the embassy.

    I myself also remarried to a Thai lady, after the death of my Thai wife.


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