A Marriage Certificate is a key legal document that formalizes a marriage under Thai law. It is crucial for immigration purposes, inheritance claims and other legal matters.
Foreigners marrying in Thailand must first get an official statement certifying their freedom to marry from their embassies. They will then need to have those documents translated and authenticated by the Ministry of Foreign Affairs.
Legal Age Requirements
For a marriage to be recognized as legally binding under Thai law, both parties must meet the minimum age requirement of 17 years. If the couple’s home country imposes an older age requirement, that law will be honored. Also, the couple must not be related in the direct ascendant or descendant line or share the same blood (full brother and sister). They must not be declared insane by a competent authority. Lastly, the two individuals must not have any children together.
Those seeking to marry in Thailand must obtain official documentation from their embassy affirming that they are free to do so. Each embassy has slightly different requirements, so you should contact yours for more information. Once you have this certificate, it should be translated into Thai by a reputable translation service. Having this translated properly is essential as it will be needed for all of the required documents.
Additionally, if either the man or woman has been previously married, they must provide certified copies of divorce decrees or death certificates. Finally, both parties must present their passports. Upon approval, the couple will receive their Thai language copy of the marriage registration certificate. This document is crucial for legal recognition, so it’s a good idea to seek advice from an experienced lawyer to ensure that the process goes smoothly.
Prenuptial Agreements
A prenuptial agreement in Thailand (sayyaaknsmrs) is a contract signed by both parties before the marriage and registered at the same time as the marriage with the local district office. This is to help protect your assets in the event of a divorce. It is not a requirement in Thailand, but it may be helpful to some couples who wish to solidify their financial planning. A prenuptial agreement must be in writing, and both parties should sign it before a notary public or another witness. It must also be a fair document and demonstrate an honest disclosure.
According to Thai law, a prenuptial cannot include clauses that go against public order or good morals (Section 1465 CCC). For example, it cannot require the spouse to give up rights to their children, or it cannot force the spouse to perform personal tasks as part of the marriage. It must also not contain a “khongman” clause, which refers to real estate transferred from one party to the other as a form of dowry.
It is important to have a lawyer review your prenuptial agreement. The lawyer will make sure that it meets Thai legal standards and that all of the necessary steps have been taken. A lawyer is especially advisable if you have international assets or are marrying a Thai citizen.
Documents Needed
A married couple in Thailand must possess a number of key documents to register their marriage. A good Thai family lawyer can help a client secure these documents prior to the marriage ceremony and make sure they bring them with them to the registration office. This will prevent the couple from being denied at the office and having to restart the process.
The first document that most foreigners need is clearance from their embassy. This document, which varies by country (Canadians receive a Marriage Affidavit and Australians get a Certificate of No Impediment to Marry, or CNI), confirms that the couple is legally eligible to marry in Thailand.
Once the couple has their embassy clearance, they can apply for their CNI at a local district office (Amphoe). They must present both their passports and House Registration Certificates, which will be verified by an official. If either the husband or wife is a widow or has divorced previously, they must produce a translated copy of their previous marriage(s) certificate.
A prenuptial agreement is highly advisable for any couple getting married in Thailand, as it will provide legal protection in the event that their marriage sours. A knowledgeable family law attorney can draw up the agreement and make sure it complies with both Thai and home-country laws. A prenuptial agreement is also a good way for the couple to avoid any surprises when their Thai marriage is finally registered and legally recognized.
Fees
A legally binding marriage in Thailand requires registering the union with the government. This process isn’t overly complicated, but it can be a bit more involved for couples who aren’t Thai citizens or don’t have a lot of familiarity with the country. For this reason, it’s a good idea to seek advice from legal professionals who can help navigate any potential complexities.
Before filing any paperwork, both parties must make sure they meet all legal requirements to marry in the country. This usually means getting official certifications that they are free to marry from their home country’s embassy in Bangkok. Once this step is complete, couples can then take these documents to any district office (Amphur or Khet) in the country and register their marriage.
This is also where the couple will pay a fee, though this can vary depending on the district. Once all paperwork is filed, the registrar will issue a marriage certificate to the newlyweds. Typically, this ceremony takes place in the registrar’s office, though requests can be made to conduct it elsewhere in the city or region for an extra charge.
After the ceremony, a copy of the marriage certificate will be sent to the couple’s home country where it can then be translated by a professional translator. Then, the certified documents must be taken to the Legalization Division of the Ministry of Foreign Affairs, where they will be compared with the original documents from the embassy and approved.
