Getting Married in Thailand – A Guide for Foreigners

Every year many foreigners both men and women get married in Thailand to Thai citizens. This article shall discuss several important things which a foreigner should be aware of before they decide to get married in the Kingdom, including key requirements, legal issues to consider and practical considerations.

How to register a marriage in Thailand?

A marriage in Thailand must be registered with Thai authorities to be a valid marriage under Thai law,[1] hence just getting married in a ceremony at a temple will not be considered as a valid marriage. In Thailand, marriages are registered at the District Office (Amphur) and the marriage registration will need to be approved by an authorized officer at the District Office (the Registrar). Before going to the District Office to register a marriage it would be sensible to contact the relevant office and make an appointment so that you can be sure that the Registrar is available to register the marriage.

A marriage can only take place if both the man and woman agree to take each other as husband and wife. Such agreement must be declared publicly before the Registrar at the District Officer in order to have the marriage officially recorded.

Normally, when a marriage is registered the Registrar will ask questions of both the man and woman to ensure that the marriage is legitimate and that they both want to take this important step. In the case of a foreigner who does not speak Thai, they should bring a translator with them to the District Office so that they can understand the Registrar’s questions and have that person accurately translate their responses to the Registrar (the translator should not be their spouse).

When registering a marriage at the District Office, the couple will also need to bring along two (2) suitable witnesses to sign the marriage registration documents. It is possible for the translator to also act as a witness. Practically speaking the two witnesses should be Thai citizens and they should bring along their Thai ID card to the appointment too as the Registrar will need to see them to prepare the marriage registration documents.

Minimum Age Requirements under Thai law

In accordance with section 1448 of the Thai Civil and Commercial Code (CCC) the couple must be at least 17 years of age. However, the Thai Court may, in case of having appropriate reason, allow them to marry before attaining such age.

People Not Permitted to Marry under Thai Law

The Thai CCC provides that a marriage cannot be registered in the following circumstances:

1. If either the man or the woman is an insane person or adjudged incompetent;[2]
2. If the man and woman are blood relations in the direct ascendant or descendant line (such as parents marrying their biological children) or brother or sister of full or half blood;[3]
3. An adopter cannot marry their adopted child;[4]
4. If the man or woman is already the spouse of another person (already married);[5]
5. At present the Thai Government does not allow same-sex couples to register their marriage in Thailand.

Waiting Period if Female Spouse Previously Married or Widowed

Section 1453 of the CCC provides that in the case of the woman whose husband has died or whose marriage has become terminated (divorced), the new marriage can only be registered if not less than three hundred and ten (310) days have elapsed since the termination of her previous marriage; unless

• 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; or
• there is an order of the Thai Court allowing the woman to marry.

Required Documents:

Each of the prospective spouses will need to prepare various documents as follows:

Foreigner:

• Original passport and a copy plus certified Thai translation thereof which has been legalized by the Ministry of Foreign Affairs, Department of Consular Affairs, Legalization Division.[6]
• Certificate of No Impediment to Marriage (CNI) to prove that the foreigner is free to marry which is issued by the foreigner’s respective Embassy (original and certified Thai translation). The certified Thai translation must also be legalized by the Ministry of Foreign Affairs, Department of Consular Affairs, Legalization Division. Each Embassy has different requirements to issue this type of documentary evidence and if the foreigner is divorced or widowed then their Embassy will likely need to see documentary evidence of this in order to issue the CNI.
• Some District Offices will also require Embassy and Thai Ministry of Foreign Affairs payment receipts.

Thai:

• Thai ID card;
• House registration;
• Divorce certificate (if divorced) or death certificate (if widowed);
• Name change certificate(s) (if any).

Thai Spelling on Marriage Registration Document

In the case of a foreigner getting married in Thailand, they should be careful to ensure that the Thai spelling of their name as shall appear in their marriage registration documents is consistent with the spelling used on other official Thai government documents such as their work permit or property title deeds.

Prenuptial Agreement

If the spouses will make a prenuptial agreement then such agreement must be made in writing and translated into Thai and signed at the District Office before the marriage is officially registered, it will also need to be witnessed by two suitable witnesses when being signed. The prenuptial agreement must be registered simultaneously with the marriage in the marriage register at the District Office.

Marriage Registration Documents

After the marriage is officially registered by the Registrar at the District Office, the couple will each be issued with an official marriage certificate[7] and another document setting out the particulars of their marriage registration; this second document shall be a certified copy which is signed by the Registrar. It is highly advisable for the couple to keep a scan of these documents for future reference in case they are later misplaced or destroyed. Moreover, it would be prudent for foreigners to have a certified translation prepared (in their native language) so that they know the details in these important documents.

[1] Section 1457 of the CCC – Marriage under this Code shall be effected only on registration being made.

[2] Section 1449 of the CCC.

[3] Section 1450 of the CCC.

[4] Section 1451 of the CCC.

[5] Section 1452 of the CCC.

[6] The head office in Bangkok is located at 3rd Floor, Department of Consular Affairs Building, 123 Changwattana Road, Laksi, Bangkok. There are also offices located at Pattaya, Chiang Mai, Phuket, Songkhla & Ubon Ratchathani. Email: consular04@mfa.go.th

[7] The marriage certificate will mention the full legal names of the spouses in Thai language as well as where the marriage was registered and the date of registration. The certificate will have a certificate number and be signed and sealed by the Registrar.

Writer: Ryan Crowley – Director and Foreign Services Manager

Dharmniti Law Office Co., Ltd.

2/2 Bhakdi Building 2nd Floor, Witthayu Road, Lumphini, Pathumwan, Bangkok 10330

Tel: (66) 2680 9777

Fax: (66) 2680 9711

Email: ryan@dlo.co.th or info@dlo.co.th