Australian Marrying In Thailand

[bikkies]

The law refers to land ownership, foreigners can not own land in Thailand but can own property.She loses no rights as a Thai citizen.

The law we are talking about is the name change law on marriage...where does land ownership come into it??

She actually will lose some rights...not very big or even important rights but she will lose some.

Does anyone know what rights "she" will lose,my wife changed her maiden name,so we would be interested in knowing,even if they are insignificant rights.

[david96]

The law refers to land ownership, foreigners can not own land in Thailand but can own property.She loses no rights as a Thai citizen.

The law we are talking about is the name change law on marriage...where does land ownership come into it??

She actually will lose some rights...not very big or even important rights but she will lose some.

Does anyone know what rights "she" will lose,my wife changed her maiden name,so we would be interested in knowing,even if they are insignificant rights.

The law was changed in the late 90s but prior to this a Thai woman who married a foreigner lost her right to own land (she would transfer any land to a family member to circumvent this requirement).This requirement was no longer required as foreign spouses can not own land anyway under the current legislation. There is a lot of information available in another section of TV refering to land and property ownership.

[bikkies]

The law refers to land ownership, foreigners can not own land in Thailand but can own property.She loses no rights as a Thai citizen.

The law we are talking about is the name change law on marriage...where does land ownership come into it??

She actually will lose some rights...not very big or even important rights but she will lose some.

Does anyone know what rights "she" will lose,my wife changed her maiden name,so we would be interested in knowing,even if they are insignificant rights.

The law was changed in the late 90s but prior to this a Thai woman who married a foreigner lost her right to own land (she would transfer any land to a family member to circumvent this requirement).This requirement was no longer required as foreign spouses can not own land anyway under the current legislation. There is a lot of information available in another section of TV refering to land and property ownership.

Thanks

Will look into it,if anyone else knows more if you could let me know it would be very appreciated.

[david96]

This link to a thai legal website mat answer a lot of your questions.

http://www.thailandlaw.com/bizforeign.html

[david96]

This will be of assistance and information to any one getting married in Thailand

FAQs: Family Law

Marriage

Q: At what age can you marry in Thailand?

A: At 17 years of age, but the Court may, for appropriate reasons, allow the marriage before attaining such age.

Q: Does the marriage have to be registered? If so, where?

A: Yes. The marriage should be registered at any district office in Thailand or any Thai embassy abroad.

Q: Is a marriage under foreign law recognized under Thai law?

A: Yes.

Q: Can adopters marry adopted?

A: No.

Q: Who has the right to manage the properties of husband and wife?

A: Separate property - each spouse manages his/her own. Community property - husband or wife, except the eight activities listed under Section 1476 of the Civil and Commercial Code where husband and wife can either be joint managers of the Community Property or one spouse can manage the Community Property with the consent of the other.

Nationality

Q: If one spouse is Thai, can the child have Thai nationality?

A: Yes.

Q: If both parents are foreigners but the child is born in Thailand, can the child have Thai nationality?

A: Yes. Except the child will not have Thai nationality in the following cases: Father or mother is illegally staying in Thailand or only temporarily or specifically allowed to stay in Thailand; father or mother is a diplomat or consular official or an employee or expert of an international organization, or a family member or servant of the said persons.

Divorce

Q: Does Thailand have divorce by mutual consent?

A: Yes.

Q: What are the grounds for divorce by court judgment?

A: There are 12 grounds for divorce as listed under Section 1516 of the Civil and Commercial Code.

Q: Upon divorce, what happens to the properties and debts of both spouses?

A: Community property - equally divided. Common debts - equally responsible

Q: Upon divorce, who will have custody of any children?

A: Divorce by mutual consent, both spouses may mutually agree. If they cannot agree, the court will decide who will have custody of any children. Divorce by court judgment, the court will decide who will have custory of any children.

Will

Q: At what age can a person make a will under Thai law?

A: At least 15 years of age.

Q: Is there any particular form for a will?

A: The will must be in the form prescribed by law.

Q: Can you disinherit any/all heirs under a will?

A: Yes.

Q: Does a will have to go through probate?

A: Probate is not required by law.

Q: Is there any inheritance tax under Thai law?

A: At present, there is no inheritance tax.

(October 4, 2007)

The above is intended to provide general information only. The contents do not constitute legal advice and should not be relied upon as such. If legal advice or other expert assistance is required, the services of competent professionals should be sought.

[david96]

Extact from the Thai Public Service. Manual Information Only.

Marriage

Marriage Registration

Regulations

1. A couple must be of legal age (17 years) upon filing for marriage registration, otherwise permission must be granted by a court.

2. Permission from the parents is required for parties under legal age.

3. Both parties must not be registered as married to anyone else (Multiple marriage registration is prohibited).

4. The parties must not be direct blood relatives nor be sister or brother through either parent.

5. Adopting parents shall not be permitted to marry their own adopted child.

6. A widow or divorcee will be permitted to remarry not less than 310 days after the previous marriage has expired, unless

* Has given birth to a child.

* Remarrying the same person.

* Not pregnant, as certified by doctor. (in case of early remarriage)

* Approval to remarry from a court is obtained.

7. No service fee is required whatsoever.

Required Documents

1. Identification Cards of both parties.

2. The House Registration Certificates of both parties.

3. If an alien is registering to be married to a Thai citizen or another alien, he or she is required to submit following documents.

* A copy of their passport.

* A Letter of Certification, issued by an Embassy or Consulate or a Government Organization from their country, regarding the marital status of the person. The Letter must be translated, then certified by the relevant Ministry of Foreign Affairs.

Procedures

1. Marriage registration can be filed at any District Office or Minor District Office nationwide regardless of the birthplace of the couple.

2. Once the marriage registration is completed, each party will be given a copy of the Marriage Registration Certificate as evidence.

3. If the marriage registration is filed at the District Office located in female's birthplace (where the name is registered on the House Registration Certificate), the title used with the forename and the last name of the female will be changed by the District Officer. The female is required to file for a new Identification Card within 60 days. A service fee of 10 baht is required. If the marriage is registered elsewhere, the female is required to contact the local District Office to change her name and last name, as well as filing for a new Identification Card.

4. If both parties are unable to file for marriage at any District Office of Minor District Office, the couple can submit a request to the Registrar to register their marriage at any location under the supervision of that District Office. The parties filing for marriage are required to provide transportation for the Registrar. A service fee of 200 baht is required.

[david96]

This link to a thai legal website mat answer a lot of your questions.

http://www.thailandlaw.com/bizforeign.html

This may explain the legal situation a little bit clearer for the reader.

According to the most urgent letter No.Mor.Thor 0710/Vor.792 dated March 23, 1999,

The procedure for the acquisition of land by Thais having spouses being aliens, either by lawful marriage (with proper registration of marriage) or unlawful marriage (without proper registration of marriage) and children of aliens have been changed to be as follows:

Any Thai having an alien spouse may purchase or accept land as a gift with no consideration and register the ownership of such land during marriage under the condition that the spouse must jointly provide a written legal confirmation stating that the entire source of funds for such purchase or gift is solely from the Personal Property (such as defined by Thai laws) of such Thai.

Without written confirmation from an alien spouse, the request for such registration must be referred to the Land Department in order to obtain an approval from the Minister.

Any alien's minor having Thai nationality may purchase or accept land as a gift with no consideration and register the ownership of such land if it does not appear after investigation that he/she has done so to avoid the law.

[gburns57au]

Why are we talking land ownership again...

Is that the only right that appeals to people.

This the worry though.....

Any Thai having an alien spouse may purchase or accept land as a gift with no consideration and register the ownership of such land during marriage under the condition that the spouse must jointly provide a written legal confirmation stating that the entire source of funds for such purchase or gift is solely from the Personal Property (such as defined by Thai laws) of such Thai.

In other words...

The wife can purchase or accept land as long as the farang declares that the Thai partner paid for it without any assistance from the spouse.

Great that one eh ???

[david96]

Why are we talking land ownership again...

Is that the only right that appeals to people.

This the worry though.....

Any Thai having an alien spouse may purchase or accept land as a gift with no consideration and register the ownership of such land during marriage under the condition that the spouse must jointly provide a written legal confirmation stating that the entire source of funds for such purchase or gift is solely from the Personal Property (such as defined by Thai laws) of such Thai.

In other words...

The wife can purchase or accept land as long as the farang declares that the Thai partner paid for it without any assistance from the spouse.

Great that one eh ???

Correct.

The title deed of the land will be in the name of the Thai spouse.The foreigner has no claim on the land in the case of a divorce.

A Thai citizen does not lose any rights under Thai Law by marrying a foreign spouse. If she ever becomes an Australian citizen she will have to hold an Australian passport but she can still use her Thai passport to enter and leave Thailand

as she will have dual nationality. Would pay to keep her Thai passport and ID card current.

[dr_Pat_Pong]

The law refers to land ownership, foreigners can not own land in Thailand but can own property.She loses no rights as a Thai citizen.

The law we are talking about is the name change law on marriage...where does land ownership come into it??

She actually will lose some rights...not very big or even important rights but she will lose some.

Like what ?

[gburns57au]

Look it up on the net like I did ya lazy bugger.....

[gburns57au]

Interesting pick up from another site......

The Guardian,

Thursday June 5, 2003 1:29 PM

BANGKOK, Thailand (AP) - Thai women will no longer be required to take their husband's family name when they marry, Thailand's Constitutional Court ruled Thursday.

Thirteen out of 15 judges voted to declare invalid an article in a 41-year-old law forcing women to adopt their spouse's name, saying it caused inequality between the sexes, the court said in a statement.

The two judges who supported the old law claimed it was in keeping with Thai culture and traditions.

The court ruled that the article of the 1962 Names Act cheats married women of their basic rights and freedom.

``It is an unfair double-standard treatment as it is a basic human right to show one's family name and origins,'' the court statement said.

The court's ruling rejected the claim that adopting the husband's name promotes family unity and maintains good traditions, saying that did not justify robbing women of their rights.

The court reviewed the law at the request of the government Ombudsman.

Local women's rights groups have campaigned for years for the law to be changed. Other laws still on the books give married women fewer legal rights than their husbands.

Usa Lertsrisanthit, a coordinator for the Foundation for Women, welcomed the decision, calling it a major stepping stone in the struggle for women's rights.

``It doesn't have much impact from a legal viewpoint, but men will finally realize that we're all equal. The best thing about this is that now women have a choice,'' said Usa. ``I hope this awareness will lead to something more and finally make men think twice before abusing their wives or family members.''

Also highlighted another interesting point

[david96]

A similar article was in the Bangkok Post in the late 1990s, at that time the Thai government did not want Thai women to change their Thai name to that of their foreign spouse.

Marriage to a foreigner does not change their rights as a female under existing Thai Law.

[david96]

http://www.tillekeandgibbins.com/Publicati...usband_wife.pdf

Rights of Husband and Wife.

All persons getting married in Thailand should read this.

[david96]

Extact from the Bangkok Post 13/12/2007.

http://www.bangkokpost.com/Outlook/13Dec2007_out54.php

Law

Thailand has seen much legal progress to amend gender discrimination over the past few years.

For example, wives can now sue for divorce on the grounds of adultery, a privilege only men were entitled to.

Marital rape eventually became a crime, although critics say the new law still leaves much room for abusive husbands to escape punitive measures.

The draft Anti-Trafficking Act has received general approval from both the Cabinet and the National Legislative Assembly (NLA), and is awaiting announcement in royal decrees.

The draft Anti-Discrimination Bill now awaits Cabinet endorsement before being forwarded to the NLA.

While the draft Reproductive Health Protection Bill is being scrutinised by the NLA, the Medical Council has extended its professional guidelines on abortion to cover not only pregnant women with severe physical illnesses, but also those with psychological problems and rape victims.

The law has also been amended to provide special care to pregnant convicts. Male officials are also now entitled to two weeks paternity leave.

Two other laws on gender equality are awaiting Cabinet approval: The draft Name Prefix Bill, which will give women the choice of a name change after marriage, and the draft amendment of the Nationality Act, to allow foreign men who marry Thai women to request Thai nationality. Foreign women who marry Thai men already have this privilege.

[fishhooks]

Hope you are not sitting on the edge of your chair waiting David?!

[david96]

Hope you are not sitting on the edge of your chair waiting David?!

No I am not. That last paragraph refers to permanent resident status not nationality.

[gburns57au]

and the draft amendment of the Nationality Act, to allow foreign men who marry Thai women to request Thai nationality. Foreign women who marry Thai men already have this privilege.

I must have read this wrong then ??

[david96]

and the draft amendment of the Nationality Act, to allow foreign men who marry Thai women to request Thai nationality. Foreign women who marry Thai men already have this privilege.

I must have read this wrong then ??

The original draft is in Thai and a section of this has been translated into English. Thailand has a quota system for foreign nationals who wish to obtain Thai nationality. (Nationality can be interchanged with citizenship.)

Foreigners married to Thai women can apply for a non-immigrant O visa which can be extended if they meet the criteria Foreign women who marry Thai nationals do not have the same problems of obtaining temporary or permanent resident status, but their marriage must have been registered and have legal status.

You read it correctly but it is a translation error.

It is very unlikely that this amendment will ever be passed by the NLA.

FYI. One can be a national of one country and a citizen of another.

[gburns57au]

You read it correctly but it is a translation error.

It is very unlikely that this amendment will ever be passed by the NLA.

FYI. One can be a national of one country and a citizen of another.

I presume then that you have read the Thai draft and translated it yourself in order to ascertain that it was an error ?

[david96]

You read it correctly but it is a translation error.

It is very unlikely that this amendment will ever be passed by the NLA.

FYI. One can be a national of one country and a citizen of another.

I presume then that you have read the Thai draft and translated it yourself in order to ascertain that it was an error ?

The post was informative only and the opinion that is a translation error is due to my personal knowledge of existing Thai immigration law and the fact that accuracy is not always present in newspaper reports.

Very few foreign applicants obtain Thai citizenship, the quota is 100 a year per country, most foreigners will never be able to get past the permanent resident status.