Marriage registration in Thailand can be done in any registration office within the country. For foreigners, marriage in Thailand has two forms; a foreign national marrying a Thai national, or a foreign couple who prefers to get married in Thailand. Only opposite-sex couples are eligible to marry, as Thai family law does not allow same-sex marriages.
Foreigners start with affirmations from their respective embassies in Thailand. Their embassy must confirm their citizenship and the absence of any legal impediments to their getting married.
1. Both parties must be at least 17 years of age. Otherwise, the minor will need a court order.
2. Neither party is insane.
3. The parties are not blood relatives by direct ascendant or descendant line.
4. They do not have the same adoptive parents.
5. Neither party has a spouse at the time of the marriage.
If the woman is a widow or divorced, the marriage in Thailand can only take place after expiry of 310 days from her husband’s death or termination of the marriage. The exceptions are when:
1. A child was born during this time;
2. The divorced couple are remarrying;
3. There is a court order allowing the woman to marry; or
4. Showing a doctor’s certificate from a Thai hospital, affirming that the woman is not pregnant.
Foreigners must report their marriage at the foreigner’s government or at their respective consulate in Thailand. Since the marriage certificate is in Thai language, bring the english translation at the Ministry of Foreign Affairs for legalization.
The woman must contact her local Amphur for any changes in her name or her title. Only her local Amphur can change her Thai ID and her Ta bian ban.
If the couple agrees to enter into a prenuptial agreement, the couple must register it at the same time as the marriage registration. Getting married in Thailand is relatively easy. However, by Thai law, the assets that the spouses acquire after marriage will be a part of the Sin Som Rod or marital assets, which the regulations of the spouse may be different. Prenuptial agreement is inevitably important to marrying couples in terms of asset ownership. This will enable either or both of them to declare their respective rights on the assets, and most importantly, to prevent disputes that may arise in the future.
Before the marriage registration, it would be best to consult with our family lawyers to protect your interest if there are significant assets that may bring complications later on. For foreign couple that intends to marry in Thailand, you may consider seeking legal assistance, as all the documentations have to be translated into Thai.
