Registering a marriage in Thailand is a relatively straightforward process on paper, but in practice, it is important to be aware of requirements set out in the Civil and Commercial Code of Thailand.
Proper preparation of all the required documents is essential, as even the smallest discrepancy could result in your registration being rejected. While rejection does not stop you reapplying again, it does mean that you will have to fix the errors accordingly which usually means time consuming applications and trips to your Embassy/Consulate.
CAN I MARRY A THAI OR FOREIGN PARTNER IN THAILAND?
Marriage registration in Thailand can be done at any Amphur (District office) in Thailand. For foreigners, marriage in Thailand comes in two forms; a foreign national marrying a Thai national, or a foreign couple who choose to get married in Thailand. The Registrar at the Amphur will register the marriage and issue a Marriage Certificate. Upon the completion of the registration, the marriage will be legally valid and recognized all over the world.
Once they have received their marriage certificate, Foreigners must declare their marriage to their home Government or at their respective Embassy/Consulate in Thailand. Marriage certificates will be issued in the Thai language, therefore, a valid translation will need to be obtained.
ARE PRENUPTIAL AGREEMENTS IN LEGAL THAILAND?
Prenuptial agreements are legal in Thailand, however, they must satisfy all the requirements under Thai law. If you got married in a country outside of Thailand and your prenuptial agreement was registered in that country, it can still be enforced by a Thai court provided that is consistent with the foreign law.
Under Thai law, the following basic requirements must be satisfied when creating a prenuptial agreement.
- The agreement must be in written form.
- Each party must be represented by his or her own attorney.
- The prenuptial agreement must be signed by each party and two witnesses (who are at least 18 years old). This must be done when the marriage is registered.
- The prenup must be registered at the same local office where the marriage is registered.
A prenup allows the couple to handle the division of marital property discreetly and privately. Once a settlement has been reached, it will be filed with the district office (where the divorce is granted).
HOW DO I REGISTER A MARRIAGE IN THAILAND?
Registering a marriage in Thailand is a relatively straightforward procedure and can be done at any Amphur (district office) in the country.
Please note that each district office will have their own policy with regards to appointments and whether walk in registrations are possible.
WHAT ARE THE REQUIREMENTS FOR GETTING MARRIED AS A FOREIGNER IN THAILAND?
Registering a marriage in Thailand requires documentation from both the bride and groom.
Firstly, please find below the basic requirements needed for a foreigner to register a marriage in Thailand:
- Original Passport
- Affidavit of Freedom to Marry (also known as “Single Status Certificate”). This is obtained from the Foreigner’s Embassy or Consulate and is used to prove that the foreigner is legally able to marry.
- A certified copy of the Foreigner’s Passport (the copy can be certified by either their Embassy/Consulate or by a Thai Notary Public)
- Divorce Certificate or Death Certificate (if applicable)
The requirements for a Thai Citizen to register a marriage are as follows:
- Thai ID Card
- House Registration (Tabien Baan)
- Certificate of Name Change (If applicable)
- Divorce Order or Death Certificate (if applicable)
Please note that each District Office (who are responsible for marriage registrations) in Thailand have the right to request any further documents they see fit to support the marriage registration.
ARE PRENUPTIAL AGREEMENTS LEGAL IN THAILAND?
It is very important for any foreigner to consider the best way to protect their assets before registering a marriage. A prenuptial agreement is often the safest and most effective of achieving this. If one party to the marriage is a foreigner, it is vital that any prenuptial agreement will be recognized and legally binding in both their home country and Thailand.
Prenuptial agreements are recognized in section 1465 of the Thai Civil and Commercial Code. A Thai prenuptial agreement is a formal agreement which is entered into before the official marriage registration in Thailand. A prenuptial agreement governs the financial relations between the future husband and wife with regards to their properties and assets.
ARE THERE ANY RESTRICTIONS TO GETTING MARRIED IN THAILAND?
In order to be able register marriage in Thailand (with a Thai citizen or 2 foreigners), the bride and groom must be able to satisfy the following criteria:
- Both parties must be at least 17 years old. Please note that Thai courts may allow a minor to marry if an appropriate reason is given and consent from the minor’s parents or legal guardians has been granted.
- Both parties must be of healthy and sane mental health.
- Both parties must consent to the marriage.
- Religious Ceremony: If you plan to have a religious ceremony, check with the specific religious institution for their requirements.
- Same-Sex Marriage: Thailand does not officially recognize same-sex marriage. However, some areas may perform symbolic ceremonies. Legal recognition varies.
- Post-Marriage Registration: After the ceremony, the marriage must be officially registered at the district office to be legally recognized.
- Foreign Documents: Ensure that all foreign documents are properly authenticated and translated into Thai.
Consult with Professionals:
Given the legal intricacies and potential changes in regulations, it is advisable to consult with your embassy, consulate, or legal professionals in Thailand to ensure that you are following the correct procedures for your specific situation.
Always check for the most up-to-date information and requirements from your embassy or consulate in Thailand, as processes and requirements can change. Laws and procedures can change, so it’s crucial to stay informed about any updates or modifications to marriage regulations in Thailand. Remember, each case is unique, and it’s advisable to seek advice from legal professionals, your embassy, or a wedding planner who specializes in international weddings in Thailand. This will help ensure that your marriage process is smooth, legally sound, and aligned with your preferences.
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