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Thailand Marriage Legal Questions answered by Lawyers

Browse our 4 legal questions about Marriage in Thailand and the lawyer answers, or ask your own questions for free.

Do SIN SUAN TUA and SIN SOMROS apply to all marriages?
Divorce & Separation
Marriage
Family
Sin Somros, which entails tenancy by the entirety with right of survivorship, is the default marital property regime in Thailand, unless the spouses opt for Sin Suan Tua.Sin Suan Tua (Separate Property) consists of:Property belonging to either spouse before marriage.Property for personal use, (dresses or ornaments, professional tools, etc.).Property acquired by either spouse during marriage through a will or gift.Khongman (betrothal gift or dowry).Should you require more information, do not hesitate to reach out to Mahanakorn Partners Group Co., Ltd. Kian Gwan House III, 9th Floor, 152 Wireless Rd., Lumpini, Pathumwan, Bangkok, 10330, ThailandEmail: info@mahanakornpartners.com
Property
Family
Marriage
Contract
Legal Document
Hi,I would like to know your propert’s location. Regards,Panadda 
How do I get a prenuptial agreement in Thailand?
Marriage
A Thai Prenuptial Agreement is governed by the Thai Civil and Commercial Code. It is necessary to consult a registered Thai family lawyer, attorney, or lawyer familiar with the laws in your home country and Thailand before preparing a prenuptial agreement with a Thai national.

About Marriage Law in Bang Khun Thian, Thailand

Marriage in Bang Khun Thian is governed by Thailand's Civil and Commercial Code and administered locally by the Bang Khun Thian District Office. A marriage is legally valid only when it is registered before a Registrar at a district office. Religious or ceremonial weddings are culturally important but they do not create a legal marriage unless you complete the civil registration. Both Thai nationals and foreigners can marry in Bang Khun Thian provided they meet legal capacity, submit the required documents, and appear in person to register. The process is straightforward when documents are in order, and the registration can often be completed on the same day.

Bang Khun Thian is one of Bangkok's districts, so it follows Bangkok Metropolitan Administration practices and national law. You are generally free to register at any Bangkok district office that accepts your application, not only the district where you live. The district will record your marriage in the civil registry and issue a Thai marriage certificate in Thai. If you plan to use the certificate abroad, you may need certified translation and legalization after registration.

Why You May Need a Lawyer

Many couples complete registration without legal assistance, but a lawyer can prevent delays and protect your rights in several situations. Mixed-nationality couples usually benefit from guidance on embassy affidavits, certified translations, and legalization at the Ministry of Foreign Affairs to make sure documents are accepted on the first attempt. If you want a prenuptial agreement, Thai law requires it to be drafted properly and registered at the same time as the marriage, which is a narrow window that a lawyer can help you meet.

Couples with substantial assets, family businesses, or real estate often seek advice about Thailand's marital property regime to manage risks, debts, and inheritance planning. If either party was previously married, legal help is useful to confirm the 310-day waiting rule for women after divorce and to assemble court orders or medical certificates where an exception applies. Where one partner is under 20 years old, a lawyer can arrange required parental consent or court permission. If there are language barriers, a lawyer can coordinate sworn interpreters so that the Registrar is satisfied. For immigration planning after marriage, especially for a foreign spouse seeking a visa or extension based on marriage, coordinated legal and immigration advice can save time and prevent overstay issues.

Local Laws Overview

Capacity to marry: The minimum legal age is 17. Persons under 17 may marry only if a court grants permission for an appropriate reason. For persons aged 17 to under 20, parental or guardian consent is required. A person who is currently married cannot marry again. Marriage between close relatives is prohibited, including ascendants and descendants, siblings of full or half blood, and adoptive parent and adopted child. A person adjudged incompetent cannot marry.

310-day waiting rule: After a woman's previous marriage ends by divorce or annulment, she normally must wait 310 days before remarrying. There are statutory exceptions, such as if she gives birth, remarries the same man, obtains a court order permitting earlier marriage, or presents a medical certificate confirming she is not pregnant. District offices apply this rule strictly for Thai citizens and may request evidence for foreigners who previously married in Thailand.

Documents for Thai citizens: National ID card, house registration book, any name change certificates, and divorce decree or spouse's death certificate if previously married. If under 20, written consent of parents or legal guardian, and their IDs. The Registrar may request additional proof in special cases.

Documents for foreigners: Passport and current entry stamp, an Affirmation of Freedom to Marry or similar affidavit from your embassy in Thailand, and if previously married, divorce decree or spouse's death certificate. Embassy documents and any foreign civil status documents must be translated into Thai and legalized or certified at the Department of Consular Affairs. Practices evolve regarding apostille and legalization, so confirm with the district office before your appointment.

Registration procedure: Both parties must appear in person at the district office with two adult witnesses. The Registrar reviews eligibility and documents, may interview the parties, and records the marriage. If a party does not speak Thai, an interpreter is normally required. The office issues a Thai marriage certificate after registration. Some district offices operate by appointment and standard hours are weekdays during business hours, excluding public holidays.

Prenuptial agreements: A prenuptial agreement must be in writing, signed by both parties and at least two witnesses, and submitted to the Registrar at the time of marriage registration for it to be valid under Thai law. It cannot be added after marriage without a court order, and it cannot conflict with law or public order. It is common to prepare bilingual Thai-English versions, with Thai as the controlling language for registration.

Property regime: Thai law distinguishes personal property, called sin suan tua, and marital property, called sin somros. Personal property generally includes property owned before marriage, personal-use items, and gifts or inheritances received during marriage unless specified otherwise. Marital property generally includes income and assets acquired during marriage. Management and debts have specific rules that affect sale, mortgages, and liability. A prenuptial can clarify management but cannot deprive either spouse of essential statutory rights.

Name and civil status updates: After registration, a Thai spouse may choose to retain their surname or adopt their spouse's surname under the Name Act. Any changes should be updated on the Thai ID card, house registration, and passport. Foreigners should check their embassy and home country procedures for name changes and recognition of the Thai marriage certificate.

Divorce and disputes: If both spouses consent and there are no contested issues, a divorce by mutual consent can be registered at a district office if the marriage was registered in Thailand. Otherwise, a court divorce is required on statutory grounds. Child custody, support, and property division are handled under Thai law and the best interests of the child standard.

Immigration notes: A foreign spouse of a Thai citizen may apply for a Non-Immigrant O visa and an extension of stay based on marriage, subject to financial and documentary requirements. Immigration rules change, so verify current criteria with the Immigration Bureau before applying.

Frequently Asked Questions

Is a religious or ceremonial wedding enough to be legally married in Bang Khun Thian?

No. Only a civil registration before a Registrar at a district office creates a legal marriage. You can have any ceremony you like, but it has no legal effect unless you complete civil registration.

Can foreigners marry in Bang Khun Thian, and do we need to live in the district?

Yes, foreigners can marry in Bang Khun Thian. There is no residency requirement for registration at a Bangkok district office, but you must meet all legal conditions and present the required documents. Some offices operate by appointment, so contact the district office to plan your visit.

What documents do foreigners need to provide?

You typically need your passport, current Thai entry stamp, an embassy Affirmation of Freedom to Marry or equivalent affidavit, and if previously married, a divorce decree or spouse's death certificate. Embassy documents and foreign civil status documents must be translated into Thai and legalized or certified at the Department of Consular Affairs. Confirm current requirements, as practices may change.

Do we need witnesses or an interpreter at the registration?

Yes, two adult witnesses are required. If either party does not speak Thai, an interpreter is usually required so the Registrar can confirm informed consent and accurate understanding of the proceedings.

How long does the registration take once our documents are ready?

Review and registration at the district office can often be completed the same day if your documents are complete and correct. Allow additional time in your schedule for embassy issuance of the affirmation and for translation and legalization at the Ministry of Foreign Affairs, which may take several days.

Can we sign a prenuptial agreement, and when must it be filed?

Yes. Under Thai law, a prenuptial must be in writing, signed by both parties and two witnesses, and filed with the Registrar at the time of marriage registration. If you try to file it after registration, it will generally not be valid without a court order. Legal drafting in Thai and careful coordination with your registration appointment are essential.

What is the 310-day waiting rule after divorce?

By law, a woman usually must wait 310 days after a divorce or annulment before remarrying. Exceptions include giving birth during that period, remarrying the same man, obtaining a court order, or presenting a medical certificate confirming she is not pregnant. The district office will advise what evidence is acceptable in your case.

What if one partner is under 20 years old?

The minimum marriage age is 17. Persons aged 17 to under 20 need written consent from a parent or legal guardian. Persons under 17 need a court order granting permission. A lawyer can help obtain consents or court orders and prepare supporting documents.

Are same-sex couples able to register marriage in Thailand?

Thailand has advanced legislation to recognize marriage equality. At the time of writing, implementation details and effective dates have been evolving. Check the current status directly with the Bang Khun Thian District Office or consult a lawyer to confirm whether same-sex marriages are being registered and what documents are required.

What should we do after we receive our Thai marriage certificate?

Thai spouses should update their ID card, house registration, and passport if changing name or status. Foreign spouses should check their embassy and home country procedures for recording the Thai marriage and for any name change. If seeking a visa or stay extension based on marriage, contact the Immigration Bureau with your marriage certificate and supporting financial documents.

Additional Resources

Bang Khun Thian District Office Registrar - Handles marriage registration, prenuptial filing, and divorce by mutual consent for marriages registered in Thailand. Contact the office in advance for hours, appointment policies, and interpreter availability.

Bangkok Metropolitan Administration Registration Offices - Provide civil registration services across Bangkok. If scheduling is tight, another Bangkok district office may accept your application if documents are complete.

Department of Consular Affairs, Ministry of Foreign Affairs - Legalizes translations and embassy affidavits used for marriage registration and certifies Thai marriage certificates for overseas use.

Department of Provincial Administration, Ministry of Interior - Oversees civil registration policy and the national registry, including rules on marriage, name changes, and family status.

Immigration Bureau, Royal Thai Police - Processes visas and extensions of stay based on marriage to a Thai citizen.

Embassies and Consulates in Thailand - Issue Affirmations of Freedom to Marry and provide guidance on recognizing Thai marriages in your home country.

Lawyers Council of Thailand and local legal aid offices - Can refer you to licensed attorneys experienced in family and marriage registration matters.

Court of Justice and Family Courts - Handle court orders for underage marriage permissions, exceptions to the 310-day rule, contested divorces, and custody matters.

Next Steps

Confirm your eligibility to marry under Thai law and address any issues such as prior marriages, age, or prohibited relationships. If time is a factor, decide early whether a prenuptial agreement is needed, because it must be ready for filing on the day of registration.

Collect documents. Thai citizens should gather ID, house registration, and any name change or divorce documents. Foreigners should obtain the embassy affirmation, arrange certified Thai translations, and complete legalization at the Ministry of Foreign Affairs. Check whether your district office requires originals, certified copies, or additional evidence.

Contact the Bang Khun Thian District Office to confirm hours, whether an appointment is required, accepted payment methods, interpreter policies, and witness arrangements. Ask about the current acceptance of apostille or other legalization formats for foreign documents.

Plan the registration day. Bring two adult witnesses, your documents, and an interpreter if needed. If filing a prenuptial agreement, bring the signed original and make sure it complies with Thai formalities for simultaneous filing.

After registration, request certified copies of the marriage certificate if you will use them for immigration or overseas purposes. Arrange translation and legalization of the certificate if needed for foreign authorities.

If you need legal assistance, consult a Thai family law attorney familiar with Bangkok district procedures. A lawyer can prepare your prenuptial, coordinate translations and legalization, secure court orders where required, and guide post-marriage steps such as name changes, property planning, and immigration applications.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.