Siam Legal International

 

Marriage in Thailand

 

There has been a recent increase in the number of mixed marriages in Thailand between Thai nationals and foreigners. As a result of this influx, a discussion regarding the effects of a mixed marriage on the rights of both spouses offers both timely and relevant guidance. Marriage between a foreigner and a Thai national does not automatically entitle the foreigner spouse an unlimited period of stay in Thailand. At most, it only renders the foreigner spouse eligible to apply for a marriage visa.

 

Furthermore, marriage to a Thai national does not entitle the foreigner spouse to directly and personally own a piece of land within the country. The constitutional prohibition against foreigners in having a direct interest over land still applies despite their marriage to a Thai national. In fact, it is a standing requirement that whenever land is being registered in the name of a Thai national who is married to a foreigner, the latter is required to execute a written declaration relinquishing any interest over the property. Moreover, investigations are even required to be undertaken in order to determine the source of the funds used for purchasing the property. This however does not entail that the foreigner spouse is entirely precluded from assisting his or her spouse as the law allows donations made by the alien spouse provided that the Thai national will not act as an agent of the former.

 

As to Pre-nuptial agreements, the Thai legal system allows both Thai nationals and foreigners to enter into such provided that the contract conforms to the provisions of the Thai Civil and Commercial Code. Thai law is actually quite liberal in its treatment of Pre-nuptial agreements. As long as the foreigner spouse is provided with an English translation of the agreement, the same may be recognized and enforced throughout the entire world.