Family - Attorneys in Phuket

Marriage Registration in Thailand

Posted January 2, 2025January 2, 2025by Phuket AttorneysLeave a comment

For foreigners, getting married in Thailand can be a complicated affair. This is especially true if you require your marriage to be registered in the country of your residence or for it to be recognized abroad.

For the purpose of marriage registration, both parties must present themselves in person with their passports at their home embassy in Thailand to complete declarations that they are single and free to marry under Thai law. Then the embassy documents are brought to a local district office for legalization.

Affirmation of Freedom to Marry

If you’re planning to get married in Thailand, there are some important steps you need to take if you want your Thailand marriage to be legal under Thai law and internationally recognized. The first step is to obtain an Affirmation of Freedom to Marry from your country’s embassy in Bangkok. This document proves that you are free to marry in Thailand and must be countersigned by your embassy before it is accepted by the local registration office (also known as an amphur or khet).

You may need additional documents for registration depending on your situation, including passport biodata pages, visas, and proof of payment of any translation, legalization, or registration fees. You can also require two witnesses who are Thai citizens.

When you receive your affirmation, you’ll need to have it translated into Thai by a certified translator. Most embassy websites have lists of approved translators, or you can find one through a government-approved list of translation agencies. The translation must then be authenticated by the Ministry of Foreign Affairs in Bangkok or at a regional office.

You’ll also need to bring your Affirmation of Freedom to Marry, a copy of your passport, and all the other required documents to your local district office (also called an amphur or khet). The registration officer will verify that you meet all the requirements and sign your marriage certificate. You can then make any necessary arrangements to have your wedding ceremony at the venue of your choice in Thailand.

Documents Required

A legal Thai marriage consists of the two parties registering their union with the local Amphur (Thai district office, similar to a county office). All foreigners wishing to marry in Thailand must first obtain official certification from their country’s embassy that they are free to marry. Each embassy has its own procedure for issuing this documentation. This process can take several days and requires a passport, arrival card, and certified translations of various documents.

In addition to the above documentation, a letter of consent must be presented by either party’s parent or guardian. The couple must also show a doctor’s certificate affirming that they are both not pregnant. For women who have been married previously, a divorce certificate or court’s judgment must be provided. Under Thai law, a woman may not remarry until 310 days have passed since the end of her previous marriage, except in cases of childbirth or death.

The registrar will verify all documentation and will issue the couple their marriage certificate. This is usually done within two working days of receiving all required documentation. After the marriage certificate is issued, it must be translated and legalized in order to be recognized by embassies abroad. If you have any questions about the above or would like to schedule an appointment with one of our marriage specialists, please don’t hesitate to contact us.

Legalization

Getting married in Thailand can be a time consuming and confusing process. To make the process easier and less stressful you can hire a wedding planning service to help with all of the legal aspects. They can assist with the preparation of documents needed to register the marriage and make sure all paperwork is properly filled out and submitted. They can also help you obtain a visa to live with your wife in Thailand.

The first step is to obtain a letter or certificate of no impediment to marry from your country’s embassy in Thailand. The requirements vary by embassy, so it is best to contact them in advance for specific instructions. The embassy-issued document must then be translated into Thai by a recognized translation service and then taken to the Ministry of Foreign Affairs for legalization.

After the translation and legalization process is complete, the couple can apply for their marriage registration at any district office or “Amphur” in the country. The registrar will then issue the official Marriage Certificate, which is valid worldwide.

The couple can request to have a short marriage registration ceremony at the office of their choice. The couple may then take the Marriage Certificate to their local embassy for further legalization if required in their home country. If the marriage is registered in the district office of the woman’s birthplace, the registrar will change her title used with her forename and last name to reflect the change in her house registration certificate.

Registration

If you are looking for legalize your Thailand marriage, you’ll need to go through a process known as “marriage registration.” This will require you to have a letter of affirmation as well as MFA certification. This is necessary because you can’t apply to live in Thailand as a spouse without it. Moreover, the marriage is only valid in Thailand and your home country if it’s registered here. Therefore, it’s best to have your Thailand marriage registration completed before you start planning your dream wedding or acquiring a Thai visa.

First, you must obtain a letter of affirmation from your home country’s embassy in Thailand that states that you are free to marry (see your embassy’s website for details). Once you have this, take it to a translation office where the affidavit is translated into Thai and then authenticated by the Ministry of Foreign Affairs.

Once the translated documents are verified, you can go to any district office in Thailand known as an “Amphur” or a “Khet” to register your marriage. This is a fairly simple process and once done, you’ll have a legally binding marriage that will be recognized in the US, Australia, and other countries around the world. In addition, you can also opt to have a prenuptial agreement that will be registered at the same time as your marriage.

Grounds for Divorce

Posted June 25, 2024by Phuket AttorneysLeave a comment

Grounds for Divorce. Thailand’s rich culture and stunning scenery attract many expats, but sometimes marriages don’t last. If you find yourself contemplating divorce in Thailand, understanding the legal grounds is crucial. Here’s a breakdown of the reasons recognized by Thai law for dissolving a marriage.

Citing Grounds for Divorce

Thai divorce proceedings require citing specific grounds outlined in Section 1516 of the Civil and Commercial Code. These grounds must be proven in court for the judge to grant the divorce. Here are the main grounds for divorce in Thailand:

Marital Infidelity: This includes adultery or cohabitation with another person.
Misconduct or Cruelty: This covers a wide range of behaviors, including physical or mental abuse, serious insults, or criminal activity harming the other spouse.
Desertion: If one spouse abandons the other for over a year without reasonable cause.
Failure to Provide Support: A spouse’s persistent neglect to financially support the other qualifies as a ground.
Insanity: If a spouse has been incurably insane for at least three consecutive years.
Separation: Two situations apply:
- Mutual Consent: Both spouses have voluntarily lived separately for more than three years.
- Unilateral Separation: One spouse has left the other for more than three years, and the whereabouts or living status of the departed spouse is unknown.
Other Serious Issues: The law also recognizes a catch-all provision for “other serious matters” that disrupt the marital bond to such an extent that continuing the marriage is impossible.

Important Considerations

While these grounds provide a framework, navigating a Thai divorce can be complex. Here are some additional factors to consider:

Evidence Gathering: Strong evidence is needed to support your claim, such as witness testimonies, medical records, or financial statements.
Financial Implications: Thailand follows a community property system, so assets acquired during the marriage are generally divided equally.
Child Custody and Support: If children are involved, child custody and support arrangements need to be addressed in the divorce settlement.

Seeking Legal Counsel

Due to the complexities involved, consulting with a qualified lawyer specializing in Thai family law is highly recommended. They can guide you through the process, advise on the most appropriate grounds based on your situation, and ensure your rights are protected.

Conclusion

Understanding the grounds for divorce in Thailand empowers you to make informed decisions during a difficult time. By seeking legal guidance and gathering the necessary evidence, you can navigate the divorce process with clarity and minimize potential complications. Remember, this article provides a general overview, and it’s always best to consult with a lawyer for specific advice on your situation.

Marriage in Thailand

Posted May 9, 2023May 9, 2023by Phuket AttorneysLeave a comment

The Civil and Commercial Code of Thailand regulates marriage in Thailand. The minimum age for marriage in Thailand is 20, but people as young as 17 can get married if their parents or legal guardians agree.

Thailand requires a number of documents from foreigners who want to be married, including a passport, a declaration of their marital status, and evidence that they are legally free to do so. They can also be asked to submit a certified Thai translation of their original documents.

If a Thai national is under 20 years old, they must also present their ID card, household registration, and a letter of permission from their parents.

Thai district offices or the Office of the Registrar at the Ministry of Foreign Affairs in Bangkok are the two places where marriages can be registered. Both parties must physically appear at the registration office in order for the marriage to be registered.

Thai law acknowledges both civil and religious weddings, but only civil marriages are considered to be legally binding. A traditional Thai wedding ceremony is also an option, but it is not required by law.

In order to make sure that all legal criteria are satisfied, couples who are thinking about getting married in Thailand may want to consult a local attorney or wedding planner.

Getting a Divorce in Thailand

Posted February 18, 2023February 18, 2023by Phuket AttorneysLeave a comment

Divorce in Thailand is a complex process that can be long and expensive. The process can be made more manageable by using a lawyer who is familiar with the local family law in Thailand.

The first step in divorce in Thailand is to get a written legal order from the Court. The legal order is a document that sets out the terms of the divorce such as child custody and division of property. The Court will also award alimony and/or child support where appropriate.

Getting a Divorce in Thailand can be very stressful and expensive, especially if there are children involved. This is why it is important to speak to our Thai family lawyers at MAGNA CARTA Law Firm before you decide to sign any agreements regarding divorce in Thailand.

There are two types of divorce in Thailand: contested and uncontested. The contested type of divorce requires the couple to appear in Court where a judge will decide on all aspects of the case.

If the couple are in agreement then they may be able to file for an uncontested divorce. This is a much quicker and cheaper way to obtain a divorce.

The other option is to file a contested divorce which involves more expense and can be complicated as there are often many grounds for filing for a divorce. This is the preferred method of filing for a divorce in Thailand as it provides more control over the terms of the divorce.

A Contested divorce is an action that requires the filing of a legal claim in the Family and Juvenile Courts. This can be done in a number of ways, including by either spouse requesting the case to be heard in Court or by both spouses agreeing to the divorce and obtaining the Court’s permission to proceed with the legal claim.

Grounds for a Contested Divorce in Thailand include: i) 3 years separation or longer ii) One spouse has deserted willfully the other spouse for more than one year iii) Adultery iv) One of the parties is committing serious insult to the other’s character or that of their family by any act, conduct or statement which degrades or destroys the other person’s reputation, dignity or standing in the community.

iv) One party has been convicted of a criminal offence that is incompatible with the maintenance or other rights of the other party, and he or she has not been pardoned by the Thai authorities as required under Thai law (Sin Suan Tua). This ground can be used when the person who has committed the offence resides abroad.

It can also be used when one of the spouses has died or was injured in a way that prevents him or her from maintaining the maintenance obligation.

In such cases, the deceased spouse can be made a debtor and a judgment creditor in order to make up for any financial shortfall that may result from the divorce.

In addition, some countries are very strict in recognizing Thai divorces. It is therefore very important to consult with a lawyer about the implications of getting a divorce in Thailand and the consequences for international clients.

How to Get Married in Thailand

Posted February 18, 2023February 18, 2023by Phuket AttorneysLeave a comment

If you’re planning to get married in Thailand, there are a few things you should know. First, it’s important to understand the Thai culture and traditions before you head over there. This will ensure that you don’t have any issues during the wedding process.

You will also want to take note of the laws regarding marriage in Thailand, including the requirements you need to meet. These can be found in the Civil and Commercial Code, which is the main body of law that governs family and marriage in Thailand.

Generally, you’ll need to be over 17 years old to marry in Thailand or have permission from your parents. If you’re under this age, you should also have permission from a court to marry in Thailand.

Both parties must be in full legal capacity to marry (meaning they don’t have any criminal or immoral convictions). If you are not, your marriage will be considered illegal in Thailand.

In order to get married in Thailand, you will need to register your marriage with the registrar. Whether you’re a foreigner or a Thai citizen, this is the first step to getting married in Thailand.

The next step is to submit all the required documents and translations to the Ministry of Foreign Affairs in Bangkok for authentication. Normally, you’ll need to pay an additional fee for this service.

Once this is completed, you’ll need to head to a local district office, also known as an “amphur” or “khet,” to complete the marriage registration. Once you’ve done this, you can then start planning your dream wedding and celebrating with your loved ones!

If you are a foreigner, your marriage will require more paperwork and steps than if you are a Thai citizen. This is because you will need to provide your passport and the immigration card that you used to enter Thailand.

All of these documents must be translated into Thai and sworn by a foreigner who is approved by the Ministry of Foreign Affairs. Once this is done, you can then submit them to the Department of Consular Affairs in Bangkok for legalization.

When you submit these documents, you will also need to have your name and marriage date changed on your passport. This will allow you to travel in and out of Thailand more freely.

You can then register your marriage at any district office, but it’s best to do this at the nearest one to you. This will save you a lot of time and stress.

Once you’ve registered your marriage, the registrar will issue a marriage certificate that will be legally valid in Thailand and anywhere else you may go. You can then use this certificate for a variety of purposes, such as applying for a visa or opening a bank account.

Lastly, if you are a foreigner, your marriage can be officially recognized by your embassy in Thailand, as long as you have the correct documents. Depending on your country of citizenship, you might be able to get a marriage visa that lets you stay in Thailand for up to 30 days without having to return to your home country first.

Category: Family