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Thai marriage is distinct as it consists of two parts – a wedding ceremony and Thailand marriage registration. Unknown to many foreigners, it is the marriage registration that gives their marriage legal effect in Thailand. Some foreigners just make it to the first part. That is why they are surprised to know that Thailand has yet to recognize their marital union for failing to register.
The Thai wedding ceremony is rich with traditions and rituals. Blessings must be sought first from the divine and the parties’ families before the couple can get married. Dowries are given, prayers are said and celebrations are held to mark the beginning of the couples’ union.
The registration of the marriage with the “amphur”, “amphoe” or “khet” (local district office) is where the legal aspect of a Thai marriage starts. It is the registration which legalizes the couple’s union.
For foreigners who are aware of this, they opt to register their marriage directly and have the wedding ceremony afterwards. By doing this, they will no longer be doing any act after the wedding ceremony that would further legalize the union.
For couples marrying abroad, marriage registration may be done at the Royal Thai Embassy or Consulate, instead of the “amphur”.
In case a Thailand prenuptial agreement has been entered into, the couple must register it at the same time that their marriage is registered. The fact that a prenuptial agreement has been registered together with the marriage must be noted by the officer of the local register.
Knowing the general concept of a Thai marriage is helpful in understanding further the conditions and requirements of marriage. These conditions and requirements are enumerated under the Thai Civil and Commercial Code.
Marriage may only be celebrated when the following are present: For Thai nationals:
1. House Registration CertificateFor Foreigners:
1. Certificate of Freedom to MarryThe conditions and requirements above may be simple. But for marrying couples of different nationalities, it is best to consult a lawyer. Engaging the services of a lawyer will guide the couple as to whether agreements should be made. These agreements include, but are not limited to, entering into a prenuptial agreement. This is because couples in mixed marriages have different conditions for marriage which they may want to observe or incorporate into a special arrangement.
This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes legal guides to registering a marriage in Thailand on its website.