Starting and maintaining long term relationships anywhere may present problems but the special circumstances of partnerships or marriage in Thailand between people from very different cultural backgrounds can be subject to some unusual social stresses and legal requirements.
For some informative and entertaining background on these potential problems, the weekly columns of the
Stickman's Guide to Bangkok
website have provided a long running commentary with a question & answer feature for foreigners in Thailand.
Formalizing a marriage in Thailand can have more than one meaning. Traditional ceremonies are common for weddings between Thais and foreigners but a ceremony is not a requirement and is not legally binding. A marriage becomes legally binding only with registration at a local government office and the payment of a fee.
It is legal In Thailand, for foreigners to marry either Thai citizens or another foreign national and a legal marriage in Thailand is normally recognized throughout the world. An advantage of getting married in Thailand is the variety of picturesque exotic locations, where a formal or religious ceremony can be performed in addition to the legal administrative marriage. For persons interested in prenuptial agreements, Thailand’s legal system is generally “friendlier” towards prenuptial agreements than in many western countries.
The process is fairly straightforward. For a foreigner to marry in Thailand, they must first obtain clearance from their own consulate. Different countries' consulates have varying procedures for providing this clearance so the time necessary may vary greatly. The foreigner must obtain an affidavit from the consulate which states his or her name as well as personal details such as citizenship and legal freedom to marry. This affidavit has to be translated into Thai and certified by the Thai Foreign Ministry.
The Foreign Ministry will normally complete this in three working days. If you are completing the paperwork yourself, the Thai Foreign Ministry is located at 123 Changwattana Road, Thungsonghong Lakai, Bangkok. (tel. 02-575-1057/8.)
Secondly, proof of the foreign applicants' occupation if any and annual income.
Third, if previously married, a certified (by the foreign government) copy of the termination of that marriage by divorce decree or death certificate must be obtained and translated into Thai.
Fourth, you must provide the names and address of two contact persons residing in the same area as the applicant.
Fifth, you must produce your valid passport with an appropriate visa stamp showing legal entry and/or residence in Thailand.
When all the documents are in order, the administrative marriage can then be performed by simply signing the documents at a Thai ‘Amphur’ or district office.
There is an added requirement if either party to the marriage is under the legal age of 20. In this case, the parents presence or written permission is required.
Although it is possible to "do it yourself" and complete the documents, arrange for translations and pay each of the fees separately, the services of an attorney are usually preferable.
There are English speaking lawyers in Chiang Mai and elsewhere who routinely advise foreigners and complete all of the requirements for a single fee. The attorney is a necessity if you wish to have a legally binding prenuptial agreement.