Marriage in Thailand
By
Chaninat Leeds
Chaninat & Leeds Co. Ltd.
In
Thailand it is legal for foreigners to marry either Thai citizens or
other foreign nationals. The process is generally fairly straightforward.
Certain paperwork is required, all of which must be translated into
the Thai language and legalized pursuant to Thai law. In addition, certain
considerations, such as prenuptial agreements should be considered when
marrying in Thailand, as special rules apply.
Thailand Marriage can be performed at a local district office known as an 'amphur' or
'khet'. In order for foreigners to get married in Thailand they must
have clearance from their embassy. Embassies of different countries
have different procedures for providing this clearance. In general,
the Thai district offices that perform marriages require affidavits
that assert the name of the foreigner, as well as personal details such
as confirmed citizenship of that country and legal freedom to marry.
Once those foreign affidavits are obtained, they must be translated
into Thai and legalized pursuant to Thai law. At that point parties
must proceed to the necessary district office for an administrative Thailand marriage.
A marriage in Thailand is a legal Thailand marriage pursuant to Thai law and is
normally recognized throughout the world. This allows for certain benefits
to marrying in Thailand. For individuals with trans-national issues,
where one or more spouse is from a different country, Thailand is a
very convenient location in which to marry.
Another
advantage of getting married in Thailand is the variety of picturesque
locations, such as world class beach resorts, where a formal or religious
ceremony can be performed following the legal administrative marriage.
So
how long does an administrative marriage in Thailand take? Including
the time involved in procuring affidavits from an embassy, having those
documents translated and legalized, and having the marriage performed
at a local amphur, the process can be completed in as little as 3 -
4 days. Sometimes, if there are complications, such as back-ups in paperwork
at an embassy, or different requirements for certain nations' embassies,
the process can take longer.
It
is helpful to retain the services of a lawyer to supervise the marriage.
A law office can help co-ordinate the procurement of official documents
from the embassy and have them translated and legalized quickly with
minimum problems. Familiarity with the formalities of a Thai marriage,
access to qualified translators, and an understanding of the legalization
process reduces the likelihood of delay or complication.
Prenuptial
agreements are allowed in Thailand provided they meet the procedural
requirements of Thai law. Generally, it is advisable to have a law office
assist you with the preparation of a prenuptial agreement and the translation
and legalization of such an agreement pursuant to Thai law. These prenuptial
agreements are generally considered valid legal agreements in jurisdictions
outside of Thailand. Although, litigation can be an unpredictable process
and the laws of different countries may vary, it is always safer for
persons with assets or significant property to have a prenuptial agreement.
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