Marriages according to customary law

These de facto marriages are not officially registered or legalized in other countries. They may be recognized there if the couple has lived together for a reasonable period and presented themselves to the outside world as a married couple. Such marriages are considered valid in those countries, but not under Thai law. A marriage in Thailand is only valid if it is registered according to Section 1457 of the Thai Civil and Commercial Code.

Examples of de facto marriages include those already mentioned, such as couples who live together like married couples for a socially accepted number of years, both publicly and privately, or couples who have been married in a Buddhist ceremony. These acts do not confer any official or legal validity on the marriage and do not entitle the couple to the rights and benefits of a registered marriage under Thai law. Even a prenuptial agreement does not protect the respective assets of the partners unless it is concluded before the marriage. Same-sex marriages are not recognized.

Marriage law in Thailand

Two people wishing to enter into a legally valid marriage in Thailand must register in accordance with Section 1457 of the Thai Civil and Commercial Code. Section 1458 stipulates that the man and woman must accept each other as husband and wife and declare this agreement before a registrar, who will then register them.

Only such a registered marriage is recognized as legally valid and thus establishes the rights, duties and responsibilities of a validly married couple under Thai family law.

A valid marriage in Thailand can only be dissolved through a formal divorce proceeding. As mentioned previously, the assets of one or both spouses can be protected before the marriage by a prenuptial agreement. This agreement safeguards the assets in the event of a divorce and their division.

Advantages of a valid Thai marriage

Thai family law covers all aspects of family life, including marriage, divorce, property, adoption, parenthood, and inheritance. Books 5 and 6 of the Civil Code contain and describe these provisions comprehensively and systematically. Cohabiting couples and Buddhist marriages are not covered by these laws and enjoy no protection.

Thai family law guarantees the validity of marriages in every respect. It obligates husband and wife to live together, to support each other according to their respective abilities, and to have legal protection in case of problems. If one spouse suffers from a physical or mental illness or disorder that endangers the other, he or she can petition the court for separation and, if applicable, spousal support. Similarly, a spouse who is legally incapacitated due to the marriage can petition the court to have their legal capacity revoked. If the court deems the petition justified, it will appoint a suitable guardian. Thai law also protects children born within a valid marriage. A child born during the marriage or within 310 days of its dissolution is considered legitimate even after the marriage ends. As a legitimate child, it has all the rights and privileges of a legitimate child.

All agreements made prior to a Thai marriage that violate public policy or foreign law are invalid in Thailand. Actions taken by spouses during the marriage are recognized unless they involve third parties acting in good faith.

Property

All property and assets of a spouse, unless designated as "Sin Suan Tua" (own property), are considered "Sin Sumros" (own property). These two categories must be distinguished. "Sin Suan Tua" encompasses assets that belonged exclusively to the spouse before the marriage. This includes personal items such as clothing, personal belongings, tools used in the course of their profession, and other assets acquired or received during the marriage, whether by will or gift. Assets acquired through exchange or sale of "Sin Suan Tua" are also considered "Sin Suan Tua." The spouse who owns these assets is their custodian.

Sin Somros, on the other hand, encompasses all assets acquired by either spouse during the marriage. This is a benefit of a valid marriage in Thailand. These assets may have been acquired through a will, a gift, or as income from the joint property (Sin Suan Tua) of one spouse. Each spouse can apply to be registered as a co-owner in the title deeds. This makes them joint managers. They thus share the same duties, rights, and privileges regarding the assets, such as selling, exchanging, mortgaging, renting, settling disputes, and other actions. If only one spouse undertakes any of these actions, they must obtain the written consent of the other. In the event of a divorce, any debts incurred are charged to both spouses.

Diploma

As both the behavior of the Thai people and their legislation demonstrate, they place great value on family stability. This explains why very few couples enter into cohabitation and why Thai law includes the protection and promotion of valid or registered marriages. Same-sex marriages are not recognized. Validly married couples enjoy protection and support under Thai law regarding their rights, obligations, privileges, and ownership of assets and property.

If you need help with the legal registration of your marriage in Thailand, please contact Siam Legal International.