Living together in Thailand - Implied Marriage?

[cigar7]

In Thailand, if a (foreign) man and a (Thai) woman live together for a long period of time, can they be considered common law married? Are there any legal obligations from one party to another resulting from living together for an extended period of time, for example, 3 or 4 years? No papers have been signed, no verbal agreements have been made.

[Langsuan Man]

Common Law marriages are not recognized in Thailand, full stop.

Any children as a result of this union are fully Thai and the male parent can be forced to pay child support after a DNA test and a court order is issued

[7by7]

<snip>

Any children as a result of this union are fully Thai

They may also have the non Thai parent's nationality as well; depending on the nationality law of that parent's home country.

For example, UK nationality law has always meant that illegitimate children born abroad whose mother is British otherwise than by descent have been automatically British; and since 2006 the same for illegitimate children born aboard whose father is British otherwise than by descent..

Edited June 14, 2014 by 7by7

[ggt]

You legal obligation may not be as relevant as your moral obligation...do not leave her penniless...destitute...

[soalbundy]

I don't think it means anything legally although the locals will regard you as man and wife. My girl friend of 8 years is always refered to as 'my wife'"in the village where i live. When i legalised our son,ie became the legal father before court it was specified that we had lived together for so and so many years ,why i don't know.

[Nip]

I'm interested in the actual legal definition with regards to Thai law. I have heard it discussed by numerous police and lawyers that if you live together with a Thai woman and have a child that by Thai law you are considered married and the woman is entitled to 50% of your estate in Thailand.

Edited June 14, 2014 by Nip

[captnhoy]

maybe you should "ask the lawyer" here on TV.

[realenglish1]

She can dream on but is entitled to nothing NOT LEGALLY MARRIED There is no palimony here in Thailand This is an invention of the UNITED STATES

[Jonmarleesco]

Thailand doesn't recognise the concept of common law. Few countries do. The legal obligations question might be better addressed to the lawyer forum.

[Tywais]

I'm interested in the actual legal definition with regards to Thai law. I have heard it discussed by numerous police and lawyers that if you live together with a Thai woman and have a child that by Thai law you are considered married and the woman is entitled to 50% of your estate in Thailand.

Marriage in Thailand is governed by the Civil and Commercial Code book 5, sections 1435 to 1535. A marriage (section 1457) can take place only if the man and woman (who are at least 18 years old) agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar. Marriage in Thailand is created and completed on formal registration and inclusion in the government's marriage register.

Section 1457: Marriage under this code (civil and commercial code) shall be effected only on registration being made.

Section 1458: A marriage can take place only if the man and woman agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar.

De-facto informal marriages, common-law or Buddhist marriages or any religious marriage ceremony are not recognized as legal marriages under Thai civil law. Only officially registered marriages entered into the government´s marriage register are recognized as legal and valid marriages in Thailand and will create the rights, duties and responsibilities of husband and wife under Thai family laws.

Thailand Law Online

[Maestro]

http://www.thaivisa.com/forum/index.php?/topic/729251-Marriage-registration-and-Marriage-aggreement#entry7896812

"You may be eligible for communal assets as common law husband and wife"

In other words, it depends on how the court decides if a claim is made in court.

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[Kanthralak 1]

You are Farang. If the S%#t hits the fan, Thai law wont protect you. (It doesn't apply to Farang's. The only law that works for Farangs is the contents of his wallet)) Fortunately in this case and in the advent of a separation, you simply just leave.

Because of property laws in Thailand, (which I respect and believe are good for Thai's) (The UK is no longer owned by the British) your biggest investments in Thailand will remain here in her name. So don't expect to get 50% of the rice paddy you brought for the family. The Fortuner, don't get attached to it, it's hers. :-) If she's not to cross with you, she might just let you pack your overnight bag.

Lawyers Hmmm!!! yes. Save the money just walk away.

Any kids ignore the above, they will anchor you, for the rest of your life to Thailand. (Being anchored in my opinion would be a blessing not a cross to bear)

Good luck. I'm in the same boat, but for now quite happy, as we haven't developed a leak yet.

[Nip]

I'm interested in the actual legal definition with regards to Thai law. I have heard it discussed by numerous police and lawyers that if you live together with a Thai woman and have a child that by Thai law you are considered married and the woman is entitled to 50% of your estate in Thailand.

Marriage in Thailand is governed by the Civil and Commercial Code book 5, sections 1435 to 1535. A marriage (section 1457) can take place only if the man and woman (who are at least 18 years old) agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar. Marriage in Thailand is created and completed on formal registration and inclusion in the government's marriage register.

Section 1457: Marriage under this code (civil and commercial code) shall be effected only on registration being made.

Section 1458: A marriage can take place only if the man and woman agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar.

De-facto informal marriages, common-law or Buddhist marriages or any religious marriage ceremony are not recognized as legal marriages under Thai civil law. Only officially registered marriages entered into the government´s marriage register are recognized as legal and valid marriages in Thailand and will create the rights, duties and responsibilities of husband and wife under Thai family laws.

Thailand Law Online

Thank you indeed for this enlightening information. I am fortified but a little surprised that Thai law has missed out on this opportunity to nail the unwitting travelers who take up residence here.

[GOLDBUGGY]

Yes and No!

Living together with a woman or even same sex partner does not imply marriage in Thailand. So you can put that part to rest. But what if you, or your partner, are from a different country where these rules do apply? Now this is when it gets interesting.

If you are from Canada for example, where this does imply as marriage their, then it is accepted. So should you want to move with your partner to Canada they would recognize her/him as your Common Law Wife/Husband/Partner and have equal rights as a married spouse. So then what could happen if you were to leave her in Thailand and go back home. Would she be entitled to any of your property there or alimony payments, like a legal wife would be? Baring perhaps property you brought into the marriage which again applies here but does not apply in Canada.

That is a good question I can't answer as to my knowledge it has never been to Trial before. Keeping in mind these Common Laws are quite new. She certainly is entitled to Child Support, if she can prove it, so in Theory if she can prove she lived with you as your wife, then why not? It would make an interesting case so I guess we would have to wait and see the outcome. I am sure it will be tried one day if it hasn't already. I remember one case where 2 Lesbians were fighting in court over a donors sperm, so I guess anything is possible. .