In Thailand, marriage ceremonies can be lavish affairs. The Thai people are known for their proclivity for pomp. As any expat or non-Thai gentleman who has married a Thai lady can likely confirm, marriage in Thailand is not something to be taken lightly because Thais love a good wedding.
Oddly, the same attitude is not taken with regard to legalization of a marriage in Thailand. In many cases throughout the Kingdom, marriages are solemnized according to either Buddhist religious rites or by local custom in the Province where the wedding takes place. In a large number of instances, a religiously consecrated marriage will not be duly formalized according to the laws of the Kingdom of Thailand. Usually, marriage in Thailand requires execution of a legally binding marriage registration at the local Amphur office (Amphur is the Thai word for the office that keeps all of the marital records and name change affidavits, the Amphur office is similar to a clerk of the court in common law countries).
For most Thais, the important factor for a Thai-American couple getting married is the customary or religious ceremony or ritual in which the couple publicly vows to remain committed and together with the village or respective families looking on as witnesses. Usually such ceremonies are conducted by the local monks or Buddhist clergy and in many cases the monks bless the union and pronounce the couple married.
In cases where those involved do not legally register their marriage the consequences from an American Immigration standpoint are important, this is especially true for those aspiring to get a Green Card for their Thai loved one. However, as odd as it sometimes seems, the fiancée visa is generally more quickly acquired than an immigrant spouse visa. Therefore, in some situations a couple will choose to have a marriage celebration in Thailand and wait to have an actual legally binding marriage ceremony in the United States.
Also, where a marriage is not registered in Thailand, there is no recordation of a Thailand prenuptial agreement. In a few very rare cases, Thai courts have awarded unregistered spouses an equitable share of communal or marital assets, but in those situations the couple had been together for many years and had formed an "equitable partnership." For the most part, retaining legal counsel in Thailand for Thai prenup preparation is recommended because the law firms in Thailand have Thai staff. This is very advantageous because the Thai language is not commonly spoken outside of Southeast Asia.
(Please note that this text should not be used as a definitive guide to personal legal issues, this text is written to provide information of a general nature. No Attorney/Client bond is generated by the mere act of reading this article.)
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Ben Hart is the Managing Director of Integrity Legal (Thailand) Co. Ltd. He is also a licensed attorney in the United States. To Contact Integrity Legal Call Toll Free: 1-877-231-7533 or email Info@Integrity-Legal.com. See Integrity Legal on the web at
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