Integrity Legal

An often asked question among foreign nationals in Thailand is: Can we get married in Thailand? More often, the question is posed with some variation. For example: Can two Americans get married in Thailand? Or, can two Canadians get married in Thailand? Finally, a common question: my fiancee is British (or any other nationality) and I’m an American, can we get married in Thailand? All of these questions can be answered relatively quickly: Yes, provided all parties meet the legal requirements.

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.

Tags: Amphur, Amphur Office, Divorce in Thailand, fiancee, Foreign Tabien Baan, Get Married In Thailand, marriage in Thailand, Married in Thailand, Tabien Baan, Thai prenuptial agreement, Thailand Marriage Registration, Yellow Tabien Baan
Posted in Thailand Marriage Registration | 31 Comments »

Few people wish to discuss what will happen should a marriage breakdown, but unfortunately divorce is an issue that many people confront at least once in their lifetime. With this in mind, those living in Thailand researching the issue may be surprised to learn that divorce in Thailand can be quite different when compared against divorce procedures in common law countries.

One of the major differences between divorce procedure in Thailand and divorce procedure in the United States of America is the presence of an Amphur office. The Amphur office is the civil registrar for vital information pertaining to the citizens and permanent residents of Thailand as well as foreign visitors in the Kingdom. Amphur officers are empowered with the authority to execute legally binding marriages, change names, record, births, record divorces, as well as other functions. In Thailand marriage registration usually involves a trip to the Amphur’s office to have the marriage legalized. In many divorce cases in Thailand, the converse is true for the dissolution of a marriage. Provided that there are no major disagreements between the parties, a sort of “no contest” divorce can be easily granted at the local Amphur office. However,  should the parties have any type of disagreement, then a protracted divorce proceeding must occur in the Thai court system.

An immediate issue surrounding the issuance of an Amphur divorce is: will the United States recognize the divorce as binding? Quite simply: Yes. A divorce registered at an Amphur office is considered legally binding for US purposes. This is particularly important in K1 visa cases, as a common question from prospective US Citizen petitioners is: “what do they mean my Thai fiancee must be legally free to marry?” This means that they need to be single, divorced,  or their prior spouse must be deceased. The United States government considers a Thai Divorce, granted in Thailand, valid.

Another issue ancillary to Thai divorce is that of a prenuptial agreement. Under Thai law, a prenuptial agreement must be recorded contemporaneously along with the recording of the Thai marriage. Once properly recorded, the prenuptial agreement will be the touchstone for dividing marital assets in Thailand.

In cases where a Thai divorce cannot be executed directly through the Amphur office it may be necessary to file the divorce action in the Thai courts and upon final judgment of dissolution, the couple must present the judgment to the Amphur for registration.

Another issue to think of when contemplating a Thai divorce is the issue of how one’s property will be divided post -divorce pursuant to a Thai will. For the sake of avoiding prolonged probate, it may be wise to change ones Thai will in tandem with the divorce registration.

Tags: Amphur, K1 Visa Thailand, prenuptial agreement Thailand, Thai Divorce, Thai Marriage, Thai prenuptial agreement, Thailand Divorce, Thailand Marriage, Thailand Prenuptial Agreemnt
Posted in General Legal Information, K1 Visa Thailand, Thai Family Law, Thailand Marriage Registration | No Comments »

Thailand is a very large and somewhat polyglot Kingdom. There are many different dialects of Thai as well as many religious and cultural traditions present throughout the Kingdom. Keeping track of the comings and goings of the Thai citizenry can be a difficult task, luckily there are Thai Immigration authorities deal with these concerns. However, a more important concern, particularly for the common Thai person, is keeping track of the vital statistics records for those resident in the Kingdom of Thailand.

A Thai Amphur office (spelled Amphoe or Ampoe) is best described as a civil registry office. The office is tasked with keeping a record of Thai marriage, Thai divorces, births in Thailand, deaths in Thailand, recordation of Thai prenuptial agreements, and in limited circumstances recordation of Thai wills. In a way, the Amphur office is something of a “Jack of all trades,” office. Another accurate name for this office is a “civil registry.”

Even though the Amphur’s legal mandate does not involve registration of Title deeds for Thai property or Real Estate, a really major part of the Amphur’s role in the Thai bureaucracy involves Thai household registration. A Thai household registration booklet, also known in the Thai language as a Tabien Baan (or Tambien Baan), records the place of a household and the head of the household. It further records how many people live in that household and their names and ages.

The Amphur office maintains the database of this information and is the office that must be used in order to change information listed on the Tabien Baan or when adding a new member to the Thai household registry. Contrary to popular belief, it is possible for foreign nationals to obtain a tabien baan or be registered on an already existing tabien baan. That being said, the only type of Tabien Baan that a foreigner may be listed on is a yellow tabien baan which is different from the blue tabien baan. A blue tabien baan is reserved for Thai citizens and foreigners with Thai permanent residence. It should be noted that the ease of getting on a yellow tabien baan will likely depend upon the office with jurisdiction over the household because local office procedures can differ and this could result in relative difficulty for the prospective registrant.

Foreigners can get married at a local Amphur office regardless of citizenship. However, the procedure for getting two foreign nationals married depends upon each person’s nationality. A person’s nationality and their Embassy’s protocols can affect the marriage process. It is wise to do research or contact an attorney before beginning the marriage registration process.

Tags: Amphoe, Amphur, Tabien Baan, Thai Amphur, Thai Property, Thai Real Estate, Thailand Marriage Registration
Posted in General Legal Information, Legal Opinion, Miscellaneous, Thai Family Law, Thailand Marriage Registration, Thailand Property, Thailand Real Estate | No Comments »