Thailand Marriage

There are so many reasons for foreigners considering getting married in Thailand. Registering a marriage of Getting married in Thailand is quite simply and no residency requirements; however, some documents are required foreigners to prepare and complete before registering the marriage. Marriage certificate issued in Thailand are considered as legal marriage whether in Thailand or foreign countries.

Legally registering your marriage in Thailand must be done at any local district office (Amphur) to be a valid marriage under Thai law. All local district offices (Amphur) handle all registration matters regardless, Thai or foreign couples.

Foreigner, who wishes to get married in Thailand, needs to provide both a passport and the status confirmation letter or called “affirmation of Freedom” – a statutory statement or affidavit of non-attachment notarised by your respective Embassy in Thailand. Any Couples who have previously been married and ended by divorce or death needs to provide its original certificates. In addition, all foreign documents must be translated into Thai language and certified by the Thailand Ministry of Foreign Affairs.

Thailand Marriage Law Overview
1)      Either of them should not be less than 17 years of age. The Court may, in case of having appropriate reason, allow them to marry before attaining such age.
2)      Either of them should not be an insane person or adjudged incompetent.
3)      Both of them should not be in blood relations in the direct ascendant or descendant line, or brother or sister of full or half blood.
4)      Both of them should not have the same adoptive parents.
5)      Either of them should not have a spouse at the time of marriage. If woman whose husband died or whose marriage has become terminated, the marriage can only take place if not less than 310 days have elapsed since the termination of her previous marriage, unless:
     1.      A child has been born during such period;
     2.      The divorced couple remarries;
     3.      There is a certificate issued by a qualified doctor who is a lawful physical practitioner in medicine showing that the woman is not pregnant;
     4. There is an order of the Court allowing the woman to marry.
After the registration, Marriage Registration Certificate to be obtained as evidence and provisions of Matrimonial Property shall be applicable. In Thailand, Matrimonial Property consists of;
1)      Property acquired during marriage
2)      Property acquired by either spouse during marriage through a will or gift made in writing if it is declared by such will or document of gift to be Matrimonial Property
3)      Fruits of Matrimonial Property
In case of doubt as to whether a property is Matrimonial Property or not it shall be presumed to be Matrimonial Property. However, Pre-nuptial Agreement is recognized in Thailand if it meets the procedural requirements of Thai law. For couples who do not make a pre-nuptial agreement, Thai law stipulates that all Matrimonial Property will be divided equally on divorce. In the end, a pre-nuptial agreement is like any other contractual arrangement and is based on the relative bargaining power of each partner. According to Thai law, an agreement made after the marriage does not have the same effect as a prenuptial agreement.

We, McWalden & Bailey, assist you the Thai marriage procedures by both translating the relevant documents and explaining the legalities that must be met in order to execute a Thai marriage.
We have competent and efficient team of lawyer who has a great deal of experience handling Thai marriage cases. Our consultation is to provide you step by step on marriage registration procedures and how to protect your right on Matrimonial Property, Personal Property and which property has to jointly manage or have to obtain consent from the other spouse.

To learn more about Thai Prenuptial Agreement: Click here
To learn more about Marriage Registration procedures: Click here



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