Another issue, is the increasing difficulty associated with marriage registration in Thailand. It seems that post-COVID the process of registering a marriage between a foreign national and a Thai, or two foreign nationals for that matter, has become increasingly cumbersome. Furthermore, the overall time frame associated with processing registration of such marriages has increased rather dramatically. This is causing frustration for many foreigners seeking to marry a Thai and this is compounded by the complex nature of Thai O visa issuance associated therewith.

Meanwhile, these developments have ramifications for American Immigration as well. AS discussed many times on this blog, the process of obtaining an American tourist visa for a Thai national is nearly impossible due to the provisions of section 214(b) of the Immigration and Nationality Act. Application of this statute requires that consular officers be convinced that the applicant has demonstrated “strong ties” to Thailand, or another country which is not the USA, and “weak ties” to the USA. For many, this is not possible, especially in light of the doctrine of “Consular Absolutism” or “Consular Non-Reviewability“. An upshot to this is that many Americans opt to seek either a fiancee or marriage visa to the USA. In the past, the K-1 visa (the categorical designation for a fiance visa) was the fastest option to bring a Thai fiance to the USA. Since the end of the governmentally implemented lockdowns within the American immigration apparatus the fiance visa’s processing time has slowed substantially. This has lead many to seek lawful status via either the CR-1 visa or the IR-1 visa. It should be noted that while the K-3 visa remains a theoretical option for those seeking a visa for a spouse, as a practical matter this visa is not being issued with regularity. However, the issue with the CR-1 nd IR-1 categories is the fact that a couple must be married in order to be eligible for the benefit and with Thai marriage processing becoming more cumbersome, this method is not presently the most optimal. There may be options with regard to so-called “proxy marriage” in the USA, but this method presents its own set of problems as jurisdictional issues, timing, and consummation can prove nettlesome. It remains to be seen whether or not this situation becomes more tenable as the months progress. We will keep you updated on this blog as the situation evolves.

In Thailand, a prenuptial agreement must be registered at the time of the marriage in order for it to be enforceable by Thai courts. In a way, it may be better to think of prenuptial agreements as simply “nuptial  agreements” as the agreement does not exist until the simultaneous registration of that document and the marriage. Many Americans in Thailand opt to register a prenuptial agreement prior to the marriage that will act as a basis for a US Marriage Visa.

Corporate Assets

For those with corporate assets in the form of stocks, bonds, mutual funds, or options it is always prudent to seek information regarding a prenuptial agreement as such an agreement could protect one’s corporate assets in the event of a marital dissolution. In Thailand, those who have an ownership interest in a Thai company are wise to research prenuptial agreements prior to marriage in order try to maintain one’s holding in the event of a divorce.

Thai Property

Although foreign nationals cannot own land in Thailand, there are other property interests that one may have pursuant to Thai law, these include, but are not limited to: Thai Condo ownership, Thai usufructs, Thai 30 year leases, etc. Those with Thai real estate should consider a Thai prenup prior to marriage registration.

Marriage is a major event in one’s life. It can also have a significant impact upon the legal posture of one’s assets and interests. Therefore, those with an eye towards marriage should consult with a family lawyer within one’s local jurisdiction prior to marriage registration in order to help ensure that one’s assets are properly protected.

In previous posting on this blog, this author has discussed the importance of having a licensed US attorney act as a representative in US Immigration matters as “visa companies,” “visa agents” and fly by night operations claiming to be either lawyers, attorneys, or both cannot represent clients before the United States Citizenship and Immigration Service (USCIS). With regard to a Thai prenup, one should retain a licensed American attorney to draft a prenuptial agreement if for not other reason than the fact that they are trained in the working of United States law as well as the common law system in general. Unfortunately, those falsely claiming legal credentials are often drafting documents that are insufficient to ensure the security of one’s assets.

The obvious question that many people in Thailand have is: how can I be sure that the person drafting my prenuptial agreement is a lawyer? As with United States Immigration matters, the best way to verify an individual’s credentials is to ask for either a State Supreme Court License, a State Bar Association Membership Card, or a Federal license to practice law in a US Federal jurisdiction. After receiving the individual’s credentials, it may be necessary to check with the Supreme Court or Bar Association to be certain that the individual is an attorney in that jurisdiction.

Prenuptial Agreements are very important documents and they should be carefully drafted by someone with legal acumen. Entrusting something so important to those without credentials is a risky endeavor that will likely not be recognized until long after correspondence with the drafter has terminated.

For further information please see: Prenuptial Agreement Thailand.