Marriage in Thailand, what does it mean legally?

[Cristiancjb]

Not sure this is the right forum but I'll try...

 

Since my (Thai)girlfriend and I are gonna have a baby in Thailand, we were thinking of options for me to stay in Thailand without all the problems having to get out of the country to renew the visa. One solution is that we marry there in Thailand just to get the certificate so that I don't need to worry while staying there and also so that it maybe will be easier for me to bring her and the baby to my Scandinavian country if we later decide to live there. 

 

So the questions I have are:

What papers are required of me to get married and also...are there any negative legal consequences for me in the case it would not work and we would have to get divorced? (Don't want to be a pessimist, just want to know what I'm giving myself into).

 

Grateful for any insight on this topic

 

Best regards

 

[lopburi3]

You will need paperwork from your Embassy that you are single and able to marry.  If previously married divorce paperwork approved by your Embassy.  This then had to be translated into Thai and register with MFA (translation service can do).  Then you must find a district office willing to marry you (which seems to be problematic in some cases recently).  You are then legally married.  As Thailand is a joint property state half of future earnings will belong to spouse.  Divorce is relatively easy with agreement of both parties on division of assets.  

 

Marriage does not allow you to remain in Thailand.  You must have proof of earning 40k per month or have a bank deposit for two months in your name only at a Thai bank every year to apply for one year extensions of stay.

[sherwood]

The bank deposit would be 400000 baht for at least two months (60) days. You will have to jump through hoops. Visa, 90 day reports and extensions. Many threads on this board with precise information. Good luck

[AgMech Cowboy]

Even if married there is no easy. You can do visas a couple of different ways. All involve either leaving every 90 days or reporting. New visa every year and/or extensions. Get on the visa forum and educate yourself. I lived here many years on a tourist visa and extending it by 30 after 60. I traveled a lot so I had many visa exempts. Bottom line you need to do your research.

Edited June 15, 2019 by AgMech Cowboy

[Cristiancjb]

19 hours ago, sherwood said:

The bank deposit would be 400000 baht for at least two months (60) days. You will have to jump through hoops. Visa, 90 day reports and extensions. Many threads on this board with precise information. Good luck

Do you really need to have that much money even if you get married? I thought that was only if you were not married. Feels like I have all information wrong then...

As I understood it, if married I would not need to have those 400000 baht and could stay in Thailand for a year at a time. Guess I need to do some research

[lopburi3]

For marriage a male needs 400k and for retirement it is 800k.  That is Thai baht in a bank account here under your name only.

[khunPer]

20 hours ago, Cristiancjb said:

One solution is that we marry there in Thailand just to get the certificate so that I don't need to worry while staying there and also so that it maybe will be easier for me to bring her and the baby to my Scandinavian country if we later decide to live there.

Might depend a bit of which Scandinavian country you originate from, some can be quite difficult and strict.

 

No doubt its might be a benefit when married. You might need to have the marriage certificate legalized by your Scandinavian embassy for having full benefits.

 

The Thai law states, that what is your's before the marriage is still yours, whilst what is gained during a marriage is common property that shall be divided 50/50 in case of divorce. That might be different from your Scandinavian marriage law, wherefore it would be wise to make a prenuptial agreement, written in both your Scandinavian language, and a certified Thai translation, eventually also in English. That might protect your pre-marriage properties also after your home country's law.

 

I cannot help much with information about marriage documents, as I'm not married, but I have a child with a Thai. If you wish your child to have your family name, you'll need a certified translation of the name-page of your passport to show at the local village administration office (tessa ban); do it in advance, as it might take some days, and a newborn child need to be registered within a few days. Soon after your child is born you'll need to have the birth certificate legalized (in Bangkok) and have you child registered at your home country's embassy for dual nationality; the embassy would probably be helpful with advise of their procedure for legalizing documents. You should be able to register dual nationality even if unmarried, but you are not really legally the father after Thai Law from having your name on a birth certificate, if you are not married to the mother; you might also need a DNA-test.

 

Obtaining a Thai-visa based on marriage you shall apply for a non-immigrant "O" visa, typically 90-days duration, but it can also be a multi entry one-year visa – you'll need to leave Thailand every 90-days – and a month before visa-expiry you can apply for extension of stay based on marriage to a Thai.

 

Being married to a Thai you are allowed to work in Thailand, and can apply for a Work Permit. When applying for extension of stay based on marriage, you shall document an income of 40,000 baht a month, which can be either a Thai income, or an income from abroad; or you shall have a Thai bank deposit of 400,000 baht that shall be in place and matured two month before you apply for an extension of stay.

 

Even you have a one-year extension of stay you'll still need to report your address every 90-days; however if you leave Thailand your 90-day period counts from the date you re-enter. You must apply for a re-entry permit before travelling abroad, as you otherwise terminate your extension of stay. The conditions for extension of stay can be little different from province-to-province, so you should check with a local forum in the area you are going to live, and extend your permission to stay, what the Immigration Office there require of documentation.

 

When having a child you should consider if a Last Will is necessary, and especially when getting married it is advisable; also for your wife, as Thai Law might be slightly different from what you are used to in your Scandinavian home country, if no will exist. You'll need to make two last wills, one for assets in your home country, following your home country's law, and one for assets in Thailand following Thai law.

 

20 hours ago, Cristiancjb said:

..are there any negative legal consequences for me in the case it would not work and we would have to get divorced?

You might need to be divorced in Thailand, when married there. If its a mutual agreement, its quite easy; however, if its going through the court system it can be a complicated process. I just had a Scandinavian home country friend getting through a divorce, actually he was the one that refused, whilst his wife insisted to be divorced; took several years, but seems to finally have been done now.

????

Edited June 15, 2019 by khunPer
typo

[lopburi3]

41 minutes ago, Cristiancjb said:

As I understood it, if married I would not need to have those 400000 baht and could stay in Thailand for a year at a time. Guess I need to do some research

You would not need the financials if you stayed in Thailand on 90 day visa entries I believe is what you heard.  You can obtain a single (2,000 baht) or one year multi entry O visa (5,000 baht) from a few consulates without providing financials.  You would have to leave Thailand every 90 days or less but could immediately return (if using multi entry type).  You could also extend stay 60 days for 1,900 baht one time on each entry at most immigration offices.

[Russell17au]

One document that everyone has failed to mention is the "Free to marry" document that your future wife must get from the Amphur office that she is registered with.

[Captain 776]

If u are USA citizen and legally marry a Thai here and it properly recorded in Amphur it is recognized in USA.

 

A POS from USA has run out on his Thai wife here and thinks he can run back to USA with no penalty.

She is a close friend of ours.

She never was a bargirl, and doesnt deserve this.

He is in for a surprise, this week he will receive that first letter preventing him from transferring, selling, or hiding any assets.

I will assist her to make it as painful for him as it can be.

My detective is a retired cop with 35 yrs on the force from same County he is living in.

I will enjoy breaking it off in him.

[khunPer]

1 hour ago, Captain 776 said:

If u are USA citizen and legally marry a Thai here and it properly recorded in Amphur it is recognized in USA.

OP is however from Scandinavia, he says...????

[SoonOh]

it means you are dependent on your Thai wife's mood. 

Wait until you will need visa extension based on marriage and be prepared to do everything she asks for.

[KhaoYai]

On 6/15/2019 at 12:05 PM, Captain 776 said:

If u are USA citizen and legally marry a Thai here and it properly recorded in Amphur it is recognized in USA.

 

A POS from USA has run out on his Thai wife here and thinks he can run back to USA with no penalty.

She is a close friend of ours.

She never was a bargirl, and doesnt deserve this.

He is in for a surprise, this week he will receive that first letter preventing him from transferring, selling, or hiding any assets.

I will assist her to make it as painful for him as it can be.

My detective is a retired cop with 35 yrs on the force from same County he is living in.

I will enjoy breaking it off in him.

I'm not doubting this guy has acted badly but you might not be able to make it as painful for him as you hope.  In Thai law, any assets he held before he married are his only and don't become part of the marital assets. So you won't be able to prevent him from 'transfering, selling or hiding' any of those.

Edited June 17, 2019 by KhaoYai

[Cristiancjb]

By the way, are there any costs related to getting the marriage certificate? I think my brother said that he asked about it and they said it costs like 50000 baht ...is it possible?

[lopburi3]

16 minutes ago, Cristiancjb said:

By the way, are there any costs related to getting the marriage certificate? I think my brother said that he asked about it and they said it costs like 50000 baht ...is it possible?

Only if he had to pay someone to marry him.  There are the normal document translation/registration costs which might be a couple thousand at most.

[mvsaraburi]

On 6/18/2019 at 5:11 AM, Cristiancjb said:

By the way, are there any costs related to getting the marriage certificate? I think my brother said that he asked about it and they said it costs like 50000 baht ...is it possible?

Shouldn't be anything like that unless you are using some crazy high priced agency.

Cost me circa 2000B to get my affirmation signed at british embassy in Lumpini and then a few hundred baht to get it all translated into Thai.  You then go to local Amphur with 'er indoors and a couple of her family members as witness whilst you sign your life away, sorry, get married ????