Marriage in Thailand

Thailand laws, tips and advice.
Siam Legal
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Marriage in Thailand

Post by Siam Legal » November 2, 2011, 3:04 pm

Thailand marriages are comprised of two parts: the ceremonial and the legal.

Ceremonial part

“Sinsod” or the practice of paying a Thai dowry is a distinct characteristic of a Thailand marriage ceremony. It is a symbolic act that shows the groom’s financial capabilities. Another unique feature of traditional marriages in Thailand is the strong Buddhist influence. In weddings presided by Buddhist monks, food and prayer are offered and presented to Buddha images. With the advent of modernism, Thai families now have the option to follow the traditional Thai marriages celebration or not.

Legal part

The legal aspect of Thailand marriages are performed in the amphur or civil registry offices. Thailand marriage registration likewise takes place there.

Marriage eligibility

1) Both the bride and groom must be at least 17 years old. If one of them is a minor, there is a need for a court order.
2) The couple should both be psychologically and mentally fit.
3) Blood-related couples or those who have evident consanguinity relations cannot get married.
4) Likewise, couples that belong to the same adoptive parents are not allowed to get married.
5) Both should be free from any marital relationship prior to the marriage.

Eligibility requirements for Thai widows and divorcees

Widows and divorcees are allowed to get married 310 days after their husband’s death or after the termination of the divorce proceedings. There are some exceptions though which are as follows:

1) If there is a court order that allows the woman to marry
2) A medical certificate showing that the woman is not pregnant
3) If a child is born
4) If the divorcee is remarrying

Required documents for Thai nationals

1) Identification papers
2) Certificate of house registration
3) In cases where the individual is a widow or divorcee, proof of the spouse’s death and divorce papers are required

Required documents for foreigners

1) Clear copies of the passport and arrival card
2) Eligibility to marry or certification of the foreigner’s marital status
3) Translated copies of the eligibility to marry
4) Proofs of death and divorce if the foreigner is a widow or divorcee
5) A passport showing legal entry to Thailand

Why marry in Thailand?

Thailand exotic locations and unforgettable spots are not the only reasons why you should marry in Thailand. Here are some unique benefits characteristic of Thailand marriages:

1) Less strict requirements in drafting prenuptial agreements
2) Easier visa acquisition for both the foreigner and the Thai spouse
3) Property rights

Points to ponder

Marrying in Thailand entails a huge responsibility. Several factors should be considered. First of all, you should be financially capable. This is especially true in situations where a divorce needs to be undertaken prior to the present marriage. Check your financial resources and determine whether it is enough to cover expenses that are related to alimony, child support, and similar others. Secondly, transnational marriages may require you to pay taxes. Lastly, Thailand prenuptial agreements may lead to property losses, most especially if not well-written. To avoid above problems, it is advisable for you to hire efficient lawyers to assist you before embarking on your wedding plans.

This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes guides to getting married in Thailand on its website.

Siam Legal International
Interchange 21 Building, 23rd Floor, 399 Sukhumvit Road
North Klongtoey, Wattana, Bangkok 10110
Tel: 662 259-8100

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trubrit
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Marriage in Thailand

Post by trubrit » November 2, 2011, 4:28 pm

Another point to ponder. If married with a Buddha ceremony it has no legal significance of inheritance should one partner die. In the case of a Farang dieing his "wife" will not be his next of kin and approval from a blood relative will be needed before the body is released for burial/cremation .If his reason for the religious ceremony was because he wasn't divorced, ie: not free to marry again, it could be his estranged wife would inherit .If the Thai partner, either male or female was a government worker then they wouldn't be entitled to the deceased's pension or death payment .Further more in the case of a Farang dieing no benefit would be payable to the "wife" from his own countries pension scheme .A strong case for a legal marriage I think .
The above is my understanding and if I am wrong feel free to correct me.
Ageing is a privilige denied to many .

rogatm
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Marriage in Thailand

Post by rogatm » November 12, 2011, 4:47 pm

i have read and heard that a farang cannot marry another thai lady for 310 days if he has been divorced from another thai lady, is this the case

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trekkertony
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Marriage in Thailand

Post by trekkertony » November 12, 2011, 7:54 pm

Siam Legal

Thanks for your informative posts. They take the uncertainty and conjecture out of the equations. Keep up the good work.

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isaanlawyers
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Marriage in Thailand

Post by isaanlawyers » January 19, 2012, 7:18 pm

rogatm wrote:i have read and heard that a farang cannot marry another thai lady for 310 days if he has been divorced from another thai lady, is this the case
No, this applies to women only. It has to do a possible pregnancy, so presumptions of paternity (if a woman would be pregnant), and can be avoided by a medical exam. It is clause 1453 of the Thai Civil Code:
http://www.thailawonline.com/images/tha ... ode%20.pdf

You will find the full Thai Commercial and Civil Code here:
http://www.thailawonline.com/en/thai-la ... -code.html

And other information about marriage here:
http://www.thailawonline.com/en/family/ ... riage.html

Every foreigner should read sections 1471 to 1474 about the personal and common property.
And section 1516 about GROUNDS for divorcing.
And section 1546 and 1547 about legitimization of father's rights.
Actually, the question about 310 days is related to 1547.

Mosquito
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Marriage in Thailand, specific question!!

Post by Mosquito » January 20, 2012, 11:18 am

Have a friend of the wife showing up in Udon Thani next month with her boyfriend (aka future husband from Sweden).

They plan to marry in the village, she might be pregnant with his child. She's been divorces for over 6 years, from a Thai guy and has a baby from another farang (6 years old, hey who am I to judge).

So, she'll just need her divorce paperwork?? Any problem with the pregnancy bit, since she's been divorced for over 6 years??? If the pregnancy paperwork is required what can be done (possibliy pregnant).

Where does the farang get a certificate saying he's single??? Embassy or is it really needed???

Plan if for them to get married in the villiage and officially register the marriage, then return to Sweden after a months visit.

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isaanlawyers
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Marriage in Thailand

Post by isaanlawyers » January 20, 2012, 2:18 pm

A husband or boyfriend is not responsible and has no rights on a child made by another man, even if he marries the mother, with some exceptions (like adoption, court decision, etc). I am talking about the child she already had with a Thai man.

She is already divorced for 6 years, she wil l have no problem to re-marry, pregnant or not.

The affidavit of freedom to get married (or certificate like you say) is done at your embassy in
Bangkok. It must be translated in Thai, and legalized at the ministry of foreigner affairs. Then, you can mapped married in any amphur, anywhere in Thailand. That is the legal marriage, not the Buddhist one. Info is on the links above.

douglas
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Marriage in Thailand

Post by douglas » January 20, 2012, 3:39 pm

Hi,
Got married, at last, about 18 months ago. Went to B. Embassy at 0900Hrs. Showed them my divorce papers and was told to come back about 1600Hrs.Went to one of the places that do official translations, and got my divorce papers tran. to Thai. Cost abot 700B with official stamp. The bloke there said he would also pick up my letter, confirming i was free to marry, from the B.E., and tran. to Thai. So to cut out any hassle i agreed. He delivered all to me at my hotel at 1900Hrs.
We did not have a wedding by the monks. Both agreed on this. Only went down to the family office in Udon. Took about 2 hours, most of this sitting around. And we walked out married. The money we saved by not having a party etc. was spent on a great holiday, outside of LOS, at a very good hotel on the beach. Wife had never flown before and liked the flight, but said flight was to long.
The only other thing i had to do, to save any hassle back home, was to get her name changed to mine at the place that do the I.D. cards. And when i was last back home, went to the pension place to let them know we were married, Also i have another pension, so i let them know, if anything happens to me she will get 50% of this pension, plus a widows pension from my Gov. I have paid in to this all my life, so i think she should get the use of it. After all she has done for me.
Cheers Doug.

Mosquito
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Marriage in Thailand

Post by Mosquito » January 20, 2012, 6:07 pm

Think the guy hasn't been married previously (can't be all that dumb), any paper work needed (from Sweden) that he'll have to present to the Swedish Embassy in BKK to prove his single never married status for that certificate to marry??

From what I"m reading his Thai girlfriend (future wife) should have no problems, as
- Already has the original divorce decree from her previous Thai Husband.
- They can handle the other guys (farang, not Thai) child adoption or not later.

Swedish Guy, will just need to get a married status letter from the embassy in BKK upon arrival in Thailand prior to heading up to Udon.

Marriage in the villiage, official paperwork done.......and then back to the embassy in BKK to finalize the marriage paperwork/registration.

On a side note: Think the guy is getting stuck with 400K baht for sin sod, at least that's the number she's tossing around. Knowing Thais it's more like 200K and a couple of baht in gold.

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Marriage in Thailand

Post by kjellsnell » January 20, 2012, 8:36 pm

Mosquito wrote:Think the guy hasn't been married previously (can't be all that dumb), any paper work needed (from Sweden) that he'll have to present to the Swedish Embassy in BKK to prove his single never married status for that certificate to marry??

From what I"m reading his Thai girlfriend (future wife) should have no problems, as
- Already has the original divorce decree from her previous Thai Husband.
- They can handle the other guys (farang, not Thai) child adoption or not later.

Swedish Guy, will just need to get a married status letter from the embassy in BKK upon arrival in Thailand prior to heading up to Udon.

Marriage in the villiage, official paperwork done.......and then back to the embassy in BKK to finalize the marriage paperwork/registration.

On a side note: Think the guy is getting stuck with 400K baht for sin sod, at least that's the number she's tossing around. Knowing Thais it's more like 200K and a couple of baht in gold.
About the paperwork it is all god whit a birth certificate from the tax authority stating that the person is unmarried. Have you been married before must specify the personal proof that it is separate. In addition, this witnessed by at least two people and these documents will then be translated and stamped by the Swedish Embassy in Bangkok.

For a divorced village women whit a child the sin sod should not be more then around 50 000 bath but, if the women comes from a respected high thai family........of caurse....the sin sod goes up!
These days life seems pretty good and I eagerly look forward to the continuation!

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maaka
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Marriage in Thailand

Post by maaka » January 21, 2012, 8:22 am

the lady you say has been divorced to a thai guy for over 6yrs, yet has a 6yr old child to a farang also, ( was she married to him also ? ) and is now pregnant to someone , maybe your mate, and she is asking perhaps 400k as Sin Sod..sounds abit like a Venus Fly trap.

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fatbob
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Marriage in Thailand

Post by fatbob » January 21, 2012, 8:53 am

Personally dont believe in paying a Sin Sod, when I got married we put 100,000 baht on the plate just for show, when the ceromony was over we took it back as agreed with Yai, she understood building a house for us and caring for our son is more important. As for paying 400,000 baht for used goods, no way, a Thai would probally give her 1 baht of gold and that would be it, the Sin Sod will be raising all her children.

jess123
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Marriage in Thailand

Post by jess123 » February 18, 2012, 9:46 am

It goes without saying that if you're related by blood you shouldn't be getting married to one another.
However this is a very informative post for the requirements of getting married in Thailand which many I'm sure will find good to know.

bazkashmir
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Marriage in Thailand

Post by bazkashmir » March 10, 2012, 9:43 am

First of all i would like to say hello to everyone on the forum.
This is my first post and would be grateful if someone could advise me.
I am from England and thinking of marrying my long term girlfriend who is Thai.
After marriage we will live in Thailand.
The question i would like to ask is if i die will my Thai wife get a widows pension from England, even if she does not come to live in England and if the answer is yes what would i have to do to make sure she does.


Regards
bazkashmir

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BobHelm
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Marriage in Thailand

Post by BobHelm » March 10, 2012, 10:05 am

Simple question, but, sorry. no simple answer.
To make things even more complex the current Government is reviewing pensions as part of its over all simplification of benefits drive.
The place to go for the best available data is undoubtedly the direct.gov.uk web site. Try this for a starting point.
http://www.direct.gov.uk/en/Pensionsand ... G_10026707

I lot of reading & searching to do I am afraid, especially if you want to find out what the Government is planning in the immediate future.
The only thing that anyone can be pretty certain of is that the process may well be simplified in the near future but it will undoubtedly also make it rather harder for people to qualify. The primary aim of the majority, Conservative side of the current Government Alliance is undoubtedly to save Government spending..

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