The legal marriage in Thailand by non-Thai couples or Thai National and foreigner couple can be registered at any district office in any province. According to the Civil and Commercial Code, the marriage:
– can take place only when the man and woman have completed their seventeenth year of age or should be in marriageable age in accordance to the law enforced from the foreigner country. But the Court may, in case of having appropriate reason, allow them to marry before attaining such age.
– cannot take place if either the man or the woman is an insane person or adjudged incompetent.
– connot take place if the man and woman are blood relations in the direct ascendant or descendant line, or brother or sister of full or half blood.
– cannot be done between an adopter and the adopted;
– cannot take place if the man or woman is already the spouse of another person.
– in case of the woman whose husband died or whose marriage has become terminated, can only take place if not less than three hundred and ten days have elapsed since the termination of her previous marriage; unless
(1) a child has been born during such period;
(2) the divorced couple remarry;
(3) there is a certificate issued by a qualified doctor who is a lawful physical practitioner in medicine showing that the woman is not pregnant;
(4) there is an order of the Court allowing the woman to marry.
So, from the above principle, the important thing for foreigner is that foreigner has to prove that foreigner is single. If foreigner has previously been married which ended in divorce or death, foreigner needs original death or divorce certificates translated into Thai. If never been married, foreigner needs the authenticated affirmation of freedom to marry and the certified translation, both originals and one copy of each, to show the Ministry of Foreign Affairs a statutory statement of non-attachment notarized by foreigner home embassy.
How to obtain affirmation of freedom to marry or affidavit:
Foreigner needs to follow the below steps:
- application at the Embassy in person
- A passport is always required for proof of identity
- Evidence that any previous marriages have been dissolved/terminated (death or divorce documents, as appropriate) must be produced. These must be original documents
- The affirmation must be translated into Thai by a certified translator
- The affirmation must then be authenticated and the translation certified at Legalisation and Naturalisation Division, Department of Consular Affairs, Ministry of Foreign Affairs.
Once all documents are complete, foreigner and take these documents to a District Office in order for a marriage certificate to be issued.
It is also advised that, if foreigner have assets or significant property and to protect foreigner, prenuptial agreements should be made before the marriage date. Prenuptial Agreements in Thailand should be prepared in both the Thai and English languages in order that such prenuptial agreement shall be recognized and legally binding in Thailand and also foreigner home country. Prenuptial Agreements are less likely to be contested when prepared and signed well in advance of. Our licensed lawyer may assist you with the preparation of a prenuptial agreement and the translation and legalization of such an agreement pursuant to Thai law. We recommend you choose a Thailand law firm to assist you with your marriage registration in Thailand so that your marriage is properly registered to avoid having legal difficulties in the future.
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