If you are considering getting married in Thailand you will need to have the marriage registered. This is not the same as having a wedding ceremony or celebration.
Marriage registration for foreigners is completed at the local district office (known as Amphur) after a statutory declaration is made and certified by your embassy in Bangkok.
Affirmation of Freedom to Marry
Every couple intending to marry in Thailand is required by law to have a certificate known as an Affirmation of Freedom to Marry. This can be obtained from your embassy in Thailand. Each embassy has different requirements so you will need to contact them in advance. Typically, the affidavit will need to be translated into Thai and also authenticated at the Ministry of Foreign Affairs in Bangkok.
Once the document has been translated it is ready to be used in Thailand. The couple needs to take it to their local district office (known as a ‘Khet’ or ‘Amphur’) along with other documentation including the woman’s ID card and her housing registration certificate. If she has been previously married, the couple will need to provide proof of divorce or death of her previous spouse.
The Affirmation must be signed by both parties before the Registrar of the District Office. Once the Affirmation has been issued it is valid for three months from the date of issue. Once the three month period is up the couple will need to return to the Registrar to have the marriage registered. The process is simple and quick, but remember to check with your embassy for specific requirements. They will be able to assist you with any questions or concerns you may have.
Legalization of Affirmation
Before you can marry in Thailand you must first get an affirmation from your embassy. Affirmations are legal documents certifying that both parties are free to marry in accordance with Thai law. These are usually issued by the Foreign Ministry. If you do not have an embassy in your country that offers this service, you can obtain the affirmation from a Thai reputable law firm like Sawadee Translations.
Upon receiving the affirmation you will need to take it with the copy of your passport to a reputable translation office to be translated into Thai and then to the Foreign Ministry to be legalized. It will take about two days for this process. The foreign ministry will compare the signatures of the officials on the documents with their records and authenticate them.
You can then file for a marriage at any district office called an Amphoe or Khet office in Bangkok or at a minor district office in other parts of the country. You can also file without having a wedding ceremony. The marriage will become effective only on the date that your registration is made.
Both parties must be of age at the time of Thailand marriage. In addition, both parties must not be blood relatives in the direct ascendant or descendant line, or brother or sister of full or half blood. If either of these conditions is not met, a court order will be required to permit the marriage.
Witnesses
For marriage registration in Thailand to be legally recognised the couple must submit the following documents to their local district office or “Amphur”. The documents required depend on whether you are a foreigner or Thai.
Firstly you must have your passport from your country of origin as well as a photocopy of both parties. You will also need an Affirmation of Freedom to Marry certified by the Thai MOFA and a copy of your prenuptial agreement (if you have one). Two witnesses are also required for the registration process and both must be Thai citizens. Witnesses must complete a witness form and provide a photocopy of their Thai ID card.
The witnesses must be present during the registration process and be able to speak Thai. Once the documentation has been verified the officer will print out the Kor Ror 2 and you and your partner must sign it along with a witness.
Once you have all the documentation together it is best to contact your Amphur and ask them if they are willing to register your marriage. It is important to prepare all the documentation correctly as even the smallest error could lead to your application being rejected, which would mean more time and expense. The Amphur may also ask for further documentation such as proof of your financial situation or other details that are related to the reason you want to get married.
Registration
If the embassy confirms that there is no impediment, then it is the couple’s responsibility to submit the affidavit to their local district office along with two witnesses for official registration of marriage. After this, the couple should receive their Marriage Certificate in Thai which will be valid for use both in Thailand and abroad. It is recommended that couples should translate these documents into their own languages before using them as some countries require attestation of documents from embassies for registration to take place.
For foreigners getting married in Thailand, they start with affirmations from their embassies confirming their citizenship and that there is no legal impediment for them to marry. They then get these documents translated and certified by the Ministry of Foreign Affairs (MFA).
Once the MFA certifies the translations, they can be taken to any district office where the bride resides. Here, they will be able to change her surname and name on their Household Registration Booklet as well as file for a new Identification Card.
While this is a lengthy process and requires careful preparation, the good news is that it can be streamlined by working with a professional law firm in Thailand. By engaging the services of a law firm, couples can be confident that their wedding will go ahead smoothly and with the least amount of hassle possible.