Marriage Registration in Thailand

Marriage is not only a union of two people but also a legal contract that creates rights, responsibilities, and obligations under Thai law. While traditional wedding ceremonies—whether Buddhist, Christian, or cultural—hold great social and spiritual value, they do not create a legally binding marriage in Thailand. For a marriage to be officially recognized, it must be registered with the relevant civil authorities.

Understanding the process of marriage registration in Thailand is essential for both Thai nationals and foreigners, as it affects legal rights related to property, inheritance, custody, and even immigration. This article provides a comprehensive overview of the legal framework, eligibility requirements, procedures, and practical considerations surrounding marriage registration in Thailand.

Eligibility Requirements

Before a marriage can be registered in Thailand, both parties must meet certain conditions:

1. Age Requirement
   • Both parties must be at least 17 years old.
   • A court may grant permission for a marriage below this age in exceptional cases.
2. Consent
   • If either party is under 20 years old, parental consent is required.
   • Consent must be given in writing and attached to the registration application.
3. Marital Status
   • Neither party may be currently married.
   • Polygamy is prohibited under Thai law.
   • Women who were previously married must wait 310 days after divorce or widowhood before remarrying, unless:
     • A child has been born during that period,
     • The couple remarry each other,
     • A court grants permission, or
     • There is medical proof that the woman is not pregnant.
4. Mental Capacity
   • Both parties must be of sound mind and capable of understanding the marriage contract.
   • Persons declared legally incompetent cannot marry.
5. Prohibited Relationships
   • Marriage is not allowed between direct blood relatives (ascendants or descendants).
   • Siblings (whether full or half-blood) cannot marry.
   • Adoptive parents and children are also prohibited from marrying.

Required Documents

For Thai Nationals:

• National ID card.
• House registration certificate (Tabien Baan).
• In some cases, parental consent (if under 20).
• Divorce certificate or death certificate of former spouse (if applicable).

For Foreign Nationals:

• Passport and valid visa.
• Affirmation of Freedom to Marry issued by their embassy in Thailand, confirming that they are legally free to marry.
• Certified Thai translation of the affirmation, legalized at the Thai Ministry of Foreign Affairs.
• Divorce decree or death certificate of former spouse, if previously married.

These documents must be verified before marriage registration can proceed.

Marriage Registration Procedure

The registration process is carried out at the district office (Amphur/Khet) where either party resides. The steps are:

1. Preparation of Documents
   • Gather all required identification and supporting documents.
   • Foreigners must first obtain and legalize the affirmation of freedom to marry.
2. Application Submission
   • Both parties appear in person at the district office.
   • Submit documents and application for marriage registration.
3. Verification by Registrar
   • The registrar examines the documents to ensure all conditions are met.
   • If requirements are satisfied, the registrar proceeds with the marriage registration.
4. Signing and Registration
   • Both parties sign the marriage register in the presence of the registrar.
   • Witnesses may also be required to sign.
5. Issuance of Marriage Certificate
   • The registrar issues a Marriage Certificate (Kor Ror 3) as proof of the legally valid marriage.
   • Couples may also request a certified copy (Kor Ror 2) for use in legal or administrative matters.

Legal Consequences of Marriage

Once registered, marriage in Thailand has several important legal effects:

1. Property Regime
   • Thai law recognizes two categories of property:
     • Sin Suan Tua – personal property owned before marriage or acquired as a gift/inheritance.
     • Sin Somros – marital property acquired during the marriage, jointly owned by both spouses.
   • A prenuptial agreement, if registered at the time of marriage, can help define property arrangements.
2. Parental Rights
   • Children born within a registered marriage are automatically considered legitimate and under the joint custody of both parents.
3. Support Obligations
   • Spouses have a legal duty to support one another financially.
   • Either spouse may claim support if the other fails to provide it.
4. Inheritance Rights
   • Registered spouses automatically acquire inheritance rights from one another under Thai succession law.
5. Immigration Benefits
   • Foreign spouses of Thai nationals may apply for a marriage visa or long-term residency, subject to immigration rules.

Marriage Registration for Foreign Couples

Thailand is a popular destination for foreigners seeking to marry. Two foreigners can legally register their marriage in Thailand, provided they meet the legal requirements of both Thailand and their home countries.

• Many countries recognize marriages registered in Thailand, but couples should verify recognition with their embassy.
• A legally registered Thai marriage often simplifies immigration, adoption, or spousal visa applications abroad.

Common Issues and Practical Considerations

1. Religious vs. Civil Marriage
   • Many couples assume that a Buddhist or religious ceremony is sufficient, but without civil registration, the marriage has no legal validity.
2. Language Barriers
   • Foreigners should use certified translators for documents and may benefit from legal assistance during registration.
3. Prenuptial Agreements
   • If desired, a prenuptial agreement must be signed and submitted at the time of marriage registration, not afterward.
4. International Recognition
   • Some countries require marriage certificates to be legalized or apostilled before they are recognized abroad.
5. Disputes and Divorce
   • Only registered marriages can be dissolved through divorce in Thailand. Unregistered unions cannot rely on Thai family law for legal protection.

Importance of Marriage Registration

Marriage registration in Thailand is more than a bureaucratic formality. It provides:

• Legal certainty – protecting both spouses’ rights.
• Parental security – ensuring children’s legitimacy and custody rights.
• Financial clarity – defining property ownership and support obligations.
• Inheritance protection – securing spousal rights to assets and estates.
• International recognition – enabling immigration and family rights abroad.

Without registration, couples—especially international ones—risk facing serious legal and practical challenges.

Conclusion

Marriage registration in Thailand is the foundation of a legally recognized union. Governed by the Civil and Commercial Code, the process ensures that couples, whether Thai or foreign, can enjoy the full rights and protections of marriage. From custody and inheritance to property rights and immigration benefits, the consequences of registration are profound and far-reaching.

For couples marrying in Thailand, taking the time to understand and complete the registration process is essential. It not only safeguards legal rights but also strengthens the long-term security of the family. In a country where tradition and modern law coexist, marriage registration bridges the gap—turning a personal commitment into a recognized legal bond.