The Family Laws in Thailand are covered by the Civil and Commercial Code in Thailand. If you are going to register your marriage in Thailand or a prenuptial agreement then you need to also understand what the marriage laws are in the country. If you have any further questions about this then speak to an attorney in Thailand for more assistance and guidance.
Below are the basics of the laws which govern marriage in Thailand. This comes out of the Civil and Commercial Code statute in Thailand. This is a large statute which covers most of the laws in Thailand.
Thai Marriage Law
If you want to get married in Thailand then you need to ensure that:
- Neither you nor your Thai fiancée can be younger than 17 years. If either of you are younger than 17 then you will need the permission of the Thai Courts to get married. You would have to have a very valid reason for this to be granted by the courts in Thailand.
- Both you are your Thai fiancée need to be sane when you get married. Neither of you should have been adjudged incompetent. If you or your Thai fiancée had been declared insane by the courts then you would need to seek advice from a family lawyer in Thailand.
- You and your Thai fiancée should not be linked by blood relations. Either in the direct ascendant or descendant line.
- You cannot get married to your brother or sister or even full or half blood relatives. The marriage should not be in the prohibited degrees of a blood relation. Speak to an attorney again if you are not certain. This issue mainly comes up with children of mixed ancestry where his/her parents already had a child before them but not from the same mother or father.
- You cannot marry your adoptive parents.
- You cannot marry someone with the same adoptive parents. See note #4 above as they are normally linked when a divorced parent marries again and has more children from a different husband.
- You cannot marry if you are already married. (See: Letter of No impediment)
- You cannot marry a woman who was married before or who lost her husband to death with a period of 310 days from the date of death or divorce unless:
- – If a child had been born during this period of time;
- – It is you are getting married to the same woman who you divorce;
- – There is a certificate issued by a qualified doctor stating that the woman is not pregnant;
- – There is an order of the Thai Courts allowing the woman to marry.
These are the basics of Thai marriage law in Thailand. If you are not certain about the issue which you might have then it would be best to speak to a lawyer about these concerns. The following documents you will also need as listed below. You can see the article on marriage registration in Thailand for more details.
Foreigners need a copy of their passport and a letter of no-impediment. Your Thai fiancée will need a copy of her Thai ID card as well as her House Registration certificate (Tabian Baan). If either of you are divorced or a widow then you need a certified copy of the death certificates or divorce decree.