Requirements for a Thailand Marriage

Foreigners have recently found an interest in celebrating their weddings in accordance to traditional Thai custom with a view of experiencing the richness and vivacity that this kind of ceremony has to offer. As a result of this emerging trend, there is a greater need to understand the basic legal principles and ramifications that operate within a Thai marriage.
Thai law provide couples the option of choosing either a traditional betrothal ritual or an ordinary court procedure. In either case, the Civil and Commercial Code of Thailand (CCC) being the governing law on marriages, prescribes several requirements in order for a marriage to be declared and upheld as valid.
First, the parties must possess the necessary personal capacity in order for them to be eligible to contract marriage. This involves meeting the minimum age and mental health requirement. It also requires the lack of any impediments to matrimony such as a validly existing marriage, blood or adoptive relation between the contracting parties and the non-observance of the required prohibitive period for those who plan to engage in a subsequent marriage.
Second, the Code also prescribes the various documents needed to solemnize a wedding ceremony. These documents differ according to the nationality of the person planning to contract marriage. In case of Thai nationals, the Code requires that they exhibit the following documents: identification cards of either or both the parties, their House Registration Certificate and in case of a previous marriage, proof that it has been previously terminated by either a divorce or death of the previous spouse. Also, it is required that witnesses be produced in order to support the veracity of claims made during the marriage application process.
As for foreign applicants, the law requires that they present a copy of their passport along with their arrival card. Additionally, they are also prescribed to execute an affidavit detailing their marriage status from their respective embassy. A Thai version of such affidavit must also be furnished bearing the certification of an approved Ministry of Foreign Affairs Translator.
A marriage in Thailand obtains legal efficacy the moment the parties express their consent in taking each other as husband and wife in the presence of a public registrar and the subsequent recording of such act by the said public official. Consent under Thai law may be expressed in various ways. The CCC lists three specific methods of exhibiting consent to marry. These are:
(1) By affixing signature of the person giving consent in the Register at the time of registration of the marriage;
(2) By a consent document stating the names of the parties to the marriage and signed by the person giving consent;
(3) By verbal declaration before at least two witnesses in case of necessity.
Foreigners desiring to contract marriage in Thailand must first appear in person with their passport and arrival card at their embassy within the country in order to procure a declaration showing that they are eligible for marriage under Thai law and such declaration must be registered by a Thai Diplomatic or Consular Officer. The contents of the declaration must then be translated into Thai by a reputable translation office. These documents together with the translation and copies of the passports must to be taken to the Legalization Division of Consular Affairs Department where the Consular Official's signature shall be authenticated. After completing these documents, they are then ready for submission to the District Registrar who will then register the marriage. A Thailand prenuptial agreement can be recorded and attached to the marriage certificate at the time of Thailand marriage registration.
After the registration of the marriage ceremony in Thailand, the registrar will then issue a marriage certificate written in Thai according to the procedures and processes prescribed by Thai law.
ABOUT THE AUTHOR: Dennis P. Ramm
Dennis P. Ramm is Partner with Siam Legal International which is Thailand Largest Legal Services Network with offices in Los Angeles, London, Manila and Bangkok. Dennis works with American Attorneys, UK Solicitors & Barristers, German Lawyers, and Australian Solicitors providing Thailand family law services including Thailand Prenuptial Agreement, Thailand Marriage and Divorce in Thailand. Dennis has over 30 years of management, government and business experience.