This short article analyzes Thai Loved ones Law in the context of marriage registration for foreign nationals in the Kingdom of Thailand.
For these readers who are familiar with the English ” Prevalent Law” program, the concept of marriage registration is somewhat tricky to completely grasp at initially glance. Having said that, from the loved ones law point of view there are lots of similarities involving Thailand’s “civil law” program and a ” typical law” program such as that of the USA. Having said that, a notable distinction involving the Thai program and the ” typical law” program is the absence of an concept of ” typical law marriage”. In nations such as the United States there are jurisdictions which recognize ” typical law marriage”. A ” typical law marriage” is generally a creation of the Court whereby a judge (or panel of judges) finds that a couple is legally married notwithstanding the truth that they did’t solemnise or legalize their marriage.
In Thailand, in order for a marriage to be regarded legal each parties should seem ahead of a civil registrar and register their marriage. As ” typical law marriage” is not legally recognized below Thai law, even a couple that openly lives at the exact same place for a considerable period of time will most likely be discovered to be legally unmarried. In addition, as the doctrine of equity is practically absent in Thai jurisprudence, there is normally no equitable recourse for either celebration in an unregistered marriage. Consequently, regardless of the truth that a couple has had a marriage ceremony and been accepted as married by the neighborhood, the Court is unlikely to grant either celebration any sort of compensation ought to the unregistered marriage dissolve as the Court would most likely not recognize the existence of a legal marriage in the initially location.
These concepts are rather significant for these foreign nationals wishing to marry in Thailand. For instance, if a couple comes to Thailand and conducts a marriage ceremony with all customary solemnization, the marriage may possibly nevertheless be regarded unregistered if the couple does not essentially finalize a marriage registration. This is significant to note for these couples from other nations mainly because failure to essentially register a marriage could outcome in the couple’s property nation, or nations, not recognizing the legal union.
Of doable additional interest to couples who are not Thai nationals is the difficulty of registering a divorce in Thailand if the marriage is legally registered initially, but later dissolves. In Thailand, it may possibly be rather tricky to uncover a Court that will take jurisdiction to grant a divorce if neither celebration to the marriage is registered on a Tambien Baan (Home Registration) in Thailand, or if a single of the foreign parties refuses to make themselves obtainable for individual service of course of action in Thailand. For all of the aforementioned motives, these foreigners wishing to marry in the Kingdom of Thailand ought to seek legal counsel prior to marriage so as to stay clear of doable legal challenges at a later time.