MARRIAGE LAW THAILAND
Marriage Law in Thailand is governed by the "THAI CIVIL AND COMMERCIAL CODE".
PROCEDURE OF MARRIAGE LAW
The Thai marriage can be solemnized with or without a Betrothal Ceremony in ritual manner and also through court. The betrothal ceremony is nothing but a promise to marry and in the form of an agreement. The agreement is effective only when the man gives engagement property to the woman as evidence. The injured party is entitled to claim damages in the event of breach of the betrothal agreement.
ELIGIBILITY OF MARRIAGE
The man and woman who are wishing to marry should have the following eligibility to get married:
- 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.
- Either of them should not be an insane person or adjudged incompetent.
- 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 i.e. should no be with in the prohibited degrees of relationship.
- Both of them should not have the same adoptive parents.
- 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 after expiry of 310 days from such death or termination of marriage, but before such period if
- a child has been born during such period;
- the divorced couple remarry;
- there is a certificate issued by a qualified doctor who is a lawful physical practitioner in medicine showing that the woman is not pregnant;
there is an order of the Court allowing the woman to marry.
FOR THAI NATIONALS LAW
The bride and bridegroom who are wishing to marry should possess or arrange the following documents prior to their marriage so as to furnish on demand by the authority solemnizing the marriage at the time of marriage:
- Identification Cards of both parties.
- The House Registration Certificates of both parties
- Person filing has previously registered marriage- If divorced, proof of divorce must be shown; in the event of spousal death (the applicant is a widow or widower) proof must accompany application.
Accompanied by witnesses
FOR FOREIGNERS LAW
- A copy of their passport along with arrival card
- Affidavit regarding the marital status of the person from the respective embassy.
Translated copy of affidavits to Thai certified by an approved Foriegn Ministry Translator.
- A marriage can take place on declaration made by both the parties intending to marry by giving consent to take each other as husband and wife publicly before the registrar in order to have it recorded by the Registrar. Giving consent to the marriage may be made:
- by affixing signature of the person giving consent in the Register at the time of registration of the marriage;
- by a consent document stating the names of the parties to the marriage and signed by the person giving consent;
by verbal declaration before at least two witnesses in case of necessity.
The consent having been given cannot be revoked.
- An application for registration for marriage can be filed at any District Office or Minor District Office nationwide regardless of the birthplace of the couple.
If the marriage registration is filed at the District Office located in female's birthplace (where the name is registered on the House Registration Certificate), the title used with the forename and the last name of the female will be changed by the District Officer. The female is required to file for a new Identification Card within 60 days. If the marriage is registered elsewhere, the female is required to contact the local District Office to change her name and last name, as well as filing for a new Identification Card.
If both parties are unable to file for marriage at any District Office or Minor District Office, the couple can submit a request to the Registrar to register their marriage at any location under the supervision of that District Office. The parties filing for marriage are required to provide transportation for the Registrar. A service fee of 400 Baht is required by the ministry
Marriage shall be effected only on registration being made. After registration is completed, a Marriage Registration Certificate to be obtained as evidence.
PROCEDURE FOR MARRIAGE BY FOREIGNERS
The foreigners who are wishing to marry shall appear in person with their respective passports and arrival card at their Embassy in Thailand to complete declarations attesting that he/ she is single and free to marry in accordance with Thai Law and the registration shall be effected by a Thai Diplomatic or Consular Officer.
- Take the completed declaration to a reputable translation office to have the contents of the declaration translated into Thai.
- The documents together with translation and copies of passports have to be taken to the Legalization Division of Consular Affairs Department, where the Consular Official's signature will be authenticated. This normally takes 2 days. The documents and translation are then ready for submission to the District Registrar who will register the marriage and issue the marriage certificate in Thai in accordance with and following the procedure led down in Thai Law.