For many, getting married is the most important legal agreement they'll ever make. You do have to take some time to learn about your Thailand marriage requirements and what laws may apply to your marriage.
As part of a marriage celebrated in Thailand, it is necessary to familiarize yourself with the various legal procedures and formalities involved. In Thailand, a legal marriage involves two parties registering their union with a Thai district office. It is a process that can take several days. Anyone considering getting married in Thailand should be made aware of the legal requirements. Themis Partner’s lawyers can ensure that your wedding complies with Thai law, and for foreigners, that it is recognized abroad as well. Themis Partner also assists you in the drafting of a marriage contract to distribute the ownership of property before nuptials, to govern your relations during the marriage and to settle possible disputes in the event of divorce.
In Thailand, marriage is allowed only for a couple consisting of a man and a woman. Thailand does not recognize same-sex marriage and, at present, Thai authorities do not accept the celebration of such weddings on its territory. Your embassy’s registrars must abide by this Thai position and therefore cannot perform these nuptials.
What are the conditions for getting married?
To get married, Article 1448 of the Thai Civil and Commercial Code states that the couple must be over 17 years old. And if one of the future spouses is a minor at the time of the engagement, he must obtain the consent of the persons with parental authority. It may be the parents in the event that the father and mother are still alive; his adopter, if the minor is an adopted child or his guardian.
So in order to get married, the following conditions must be met:
➤ The future spouses must not be less than 17 years old or must be of marrying age in accordance with the law applied in their country of origin. The Court may, if it has a valid reason, allow them to marry before they reach that age
➤ The future spouses must not be mentally ill or be judged incompetent
➤ The future spouses must not have any family ties in direct ascending or descending line, nor be a blood or half-blood brother or sister, that is to say they must not be related to prohibited degrees
➤ The future spouses must not have the same adoptive parents
➤ None of them should have a spouse at the time of marriage
How long have women to wait before getting married a second time?
If the woman whose husband has died or whose marriage has been terminated, the wedding can only take place after the expiration of a period of 310 days from the death or the termination of the marriage. It is still possible that the wedding takes place before the deadline if:
➤ A child was born during this period
➤ The same divorced couple remarries
➤ The woman obtains a certificate from a qualified doctor attesting that she is not pregnant
➤ Obtaining a court order authorizing the woman to marry
The 310-day waiting period only applies to divorced women. In all cases where she has recently divorced, the woman can have a medical examination to prove that she is not pregnant. If she is pregnant, the marriage cannot be concluded.
What are the documents for a marriage of Thai nationals?
For Thai nationals, they must prepare the following documents to proceed with the registration of their marriage:
➤ Identity cards of the future spouses
➤ Certificates of registration of the domicile of the future spouses
➤ If the person submitting the request has already registered their marriage: - If she is divorced, she must show proof of divorce - In the event of the death of the spouse, she must present a death certificate
➤ Accompaniment by witnesses
How to register your marriage?
A marriage can take place on declaration of the two parties who intend to marry by giving their consent to take each other as husband and wife publicly before the registrar in order to have it registered by him. Consent to marriage can be given:
➤ By affixing the signature of the person giving his consent in the register at the time of registration of the marriage
➤ A consent document indicating the names of the parties to the marriage and signed by the persons giving their consent
➤ A verbal statement before at least two witnesses if necessary. The consent that has been given cannot be revoked
A marriage registration application can be filed at any district office, regardless of the couple’s place of birth. If the application for registration is filed with the district office located in the woman’s place of birth (where the name is recorded on the certificate of registration of the domicile), the title used with the first and last name of the woman’s family will be changed by the district manager. The woman is required to apply for a new identity card within 60 days. If the marriage is registered elsewhere, the woman should contact the local district office to change her first and last name, as well as to apply for a new identity card. If both parties are unable to file a marriage proposal with a district office, the couple can ask the registrar to register their wedding at any location under their supervision. from that district office. Parties submitting a marriage proposal must provide transport for the registrar. A service charge of 400 baht is required by the ministry.
What are the documents for a marriage of foreign nationals in Thailand?
For foreign nationals, they must prepare the following documents:
➤ A copy of their passport and their arrival card
➤ A copy of the civil status of the future spouses from their respective embassy attesting to their single status
➤ Translated copy of affidavits into Thai, certified by an accredited translator from the Ministry of Foreign Affairs
What is the procedure for foreigners to get married in Thailand?
Foreigners wishing to marry must appear in person with their respective passports and arrival card at their embassy in Thailand to complete declarations that they are single and free to marry according to Thai law. Registration must be done by a Thai diplomatic or consular official.
Then they have to take the completed declaration to a reputable translation agency to have the contents of the declaration translated into Thai.
The documents as well as the translation and copies of the passports should be deposited at the Legalization Division of the Department of Consular Affairs, where the signature of the consular officer will be authenticated. The registration process normally takes 2 days. The documents and translation are then ready to be submitted to the district registrar who will register the marriage and issue the marriage certificate in Thai in accordance with the procedure provided by Thai law.
Does marriage in Thailand qualify for a right of residence?
It is possible to live in Thailand for the long term if you are married to a Thai or have one or more Thai children. In this case, you should apply to the Thai Embassy for a marriage visa.
Is Thai marriage registration recognized abroad?
Thai marriage registration is not only recognized by Thai law, but also by the foreigner’s country of nationality. Once the marriage is registered in Thailand, these documents still need to be translated and legalized at the Ministry of Foreign Affairs so that they can be used abroad.
Some countries require a marriage report in their home country or certification from the respective embassies in Thailand for the marriage to remain valid and recognized around the world.
Is it possible to marry a Thai after a divorce?
There are no restrictions for a divorced person or even there are issues with the age limits for those who wish to get married in Thailand. As long as both get the assertion of freedom to marry from the respective embassy, once the translations and legalization are completed, the legal marriage will be processed.
What is a prenuptial agreement?
The Thai prenuptial agreement, also known as a marriage contract, is a written contract between two people before their wedding. It usually lists all the assets that each person owns as well as any debts and specifies what will be the property rights of each after nuptials. This contract governs the relationship between the spouses as well as the ownership of property during and after the marriage.
When can the prenuptial agreement be canceled?
The prenuptial agreement must meet certain conditions so that it is not applicable at the time of separation. It will not be valid if:
➤ A clause in this contract is contrary to public order or good morals
➤ To provide for a foreign law applicable to their relations with regard to their property
➤ There is no writing signed by both spouses and by at least two witnesses
➤ It is not entered in the marriage register
Once the spouses are married, this prenuptial agreement cannot be changed, except with the authorization of the court, which is notified to the registrar.
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