Marriage and Prenuptial
A couple must go to the local registration office (called Amphur (outside Bangkok) or Khet (in Bangkok).
A couple must go to the local registration office (called Amphur (outside Bangkok) or Khet (in Bangkok). Thai person and foreigner or two foreigners can even get married in Thailand. But a gay marriage is still not allowed in Thailand and anyhow you can be partnership in your life.
- Identification Cards from both parties.
- House registrations from both parties.
- Two witnesses with their Identification Cards are present for the registration.
- Divorce evident. (If there is)
- Child’s birth certificate and house registration. (If there is)
Note: Anyone who is married to a foreigner must have a copy of the passport and a certificate of his / her status from the embassy along with a translation (which is guaranteed to be translated).
Conditions of Marriage
- A marriage can take place only when the man and woman have completed their seventeenth year of age.
- A marriage cannot take place if either the man or the woman is an insane person or adjudged incompetent.
- A marriage cannot 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. The said relationship shall be in accordance with blood relation without regard to its legitimacy.
- An adopter cannot marry the adopted.
- A marriage 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, the marriage can only take place if not less than three hundred and ten 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;
- There is an order of the Court allowing the woman to marry.
- If a minor will marriage, the consent of the following persons is required:
- his or her parents, in case both of his her father and mother are still alive;
- his or her parent, in case his or her father or mother died, or is in condition of state of being unable to give consent, or is under the circumstances that make the minor unable to ask for such consent;
- his or her adopter, in case the minor is an adopted child
- his or her guardian, in case there is no person giving consent under (1), (2) and (3), or such person is deprived of parental power.
A marriage concluded by the minor without the said consent is voidable.
- Giving consent to the marriage may be made:
- by affixing signature of the person giving consent in the Register at the time of registration of the marriage;
- by a consent document stating the names of the parties to the marriage and signed by the person giving consent;
- by verbal declaration before at least two witnesses in case of necessity.
The consent having been given cannot be revoked.
- Marriage shall be effected only on registration being made. And a marriage can take place only if the man and woman agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar.
A prenuptial agreement is a contract that both spouses sign before entering into a legal marriage . This type of contract could also be called an Antenuptial or Premarital Agreement.
A Thai prenuptial agreement is required by law that:
- It is a written agreement signed by both parties;
- It is signed before or on the same day as the marriage registration under Thai Law;
- Two witnesses are present for the registration;
- The agreement is attached with the marriage certificate where the marriage is registered;
- If one of the spouses is under 20 years of age, he or she obtains consent from parent, guardian, or legal representative.