Thailand marriage registration can be very quick when compared to certain common law jurisdictions. In many States in the USA, there is a statutorily prescribed waiting period between marriage license obtainment and marriage solemnization. In Thailand, there is no such delay. In many ways, the Thai civil administration system is much more streamlined when compared to the common law system, particularly that of the United States. In the US, the separation of powers and federalism create a system in which different sovereigns have different methods of registering a marriage. In Thailand, the system is uniform and marriage records are kept at the local Amphur Office (or Civil Registrar’s Office). The Amphur keeps copies of Marriage Registration information as well as household registration information known as a Tabien Baan.

Obtaining a household registration for a foreigner (known as a Foreign Tabien Baan or a Yellow Tabien Baan) can be difficult, but marriage registration for foreign nationals really depends upon the country of nationality. Thai officials require that foreigners prove their marital status by obtaining documentation from their Embassy or Consulate that is accredited to Thailand. For those from common law jurisdictions it can be relatively easy to obtain such documentation, but other civil law jurisdictions can cause difficulties. It may be best for those interested in registering a marriage in Thailand to check with their Embassy or Consulate to ascertain how long it would take to obtain certain necessary documentation (Most notably, an affidavit of an ability to marry).

Although it is not something that some people wish to discuss at the time of marriage, the issue of divorce in Thailand is important. Thai Courts may or may not take jurisdiction over a divorce involving two foreign individuals married in Thailand and therefore jurisdiction for a later divorce proceeding may depend upon other factors. Finally, in any conversation about marriage registration it should be noted that a Thai Prenuptial Agreement will only be enforceable if it is registered at the same time as the marriage.

Two foreigners can also execute a lawful marriage in Thailand, but the registration of the marriage could take more time and require the filing of more documentation as neither of the prospective registrants are Thai citizens. Often, this situation has an easy solution as both parties deal with their home government which provides documentation proving that the prospective registrant is unwed and free to marry. In the case of Myanmar (Burma) this is not necessarily true.

Under the laws of the Union of Myanmar heavy restrictions are placed upon Burmese women who opt to marry non-Burmese people. One aspect of these restrictions that manifests itself often in US Immigration matters is the reluctance or refusal of the Burmese government to issue passports to female Burmese nationals seeking to marry a US Citizen either after issuance of a K1 visa or before issuance of a K3 visa or CR1 visa. The Burmese government’s intransience in these matters often results in difficult Immigration cases as the American government often requires a valid passport before a visa will be issued to a non-US citizen.

In Thai marriage registration cases, a similar problem arises as the Burmese (Myanmar) government, through the Myanmar Embassy in Bangkok, this post often refuses to issue affidavits showing the Burmese national as single and free to marry. Amphurs in Thailand require this document before they will execute a marriage between a Thai or a foreigner and a Burmese national. Therefore, failure to obtain this document results in an inability to marry in the Kingdom. Further, the execution of a marriage in Burma (Myanmar) is likely more difficult due to the statutory restrictions imposed upon Burmese women seeking to marry foreign men.

In situations such as this, it may be necessary to plan ahead and obtain passports and other documentation long before it may ever be necessary. Contacting a Bangkok lawyer or US Immigration lawyer may be beneficial as either of these professionals could advise about solutions to such problems.

One should note that Thai prenuptial agreements can be drafted for a marriage in Thailand, but the agreement must be registered simultaneously with the marriage in order for the agreement to be valid in the Kingdom.