International Family Law - comparing and contrasting legalization of marriage in Thailand and the USA

This article analyzes Thai Family Law in the context of marriage registration for foreign nationals into the Kingdom of Thailand.

For those readers who are with the English common law system, the idea of marriage registration is a bit difficult to grasp fully at first glance. But from the family point of view there are many similarities between Thailand's "civil law" system and a "common law" system like that of the United States. However, a remarkableDifference between the Thai system and the common law system is the lack of an idea of the "common law marriage". In countries like the United States, there are jurisdictions that recognize common law marriage ". A common law marriage "is essentially a creation of law that a judge (or jury) finds that a couple is legally despite the fact that they did not perform or married to legalize their marriage.

In Thailand, in order for a marriage to be inlegally regarded as both parties must appear before a registrar and register their marriage. As a "common law marriage" is legally recognized under Thai law is not even a couple who is openly living in the same place for a significant period detected is likely to be not legally married. As to how the doctrine of equity is practically not in Thai law, there is often no adequate recourse to both sides in an unregistered marriage. Therefore, regardless of the fact thata couple has had a wedding, and was accepted as married by the Community, is unlikely to grant the court to a party to any form of compensation to the unregistered marriage would dissolve as the Court is not likely to recognize the existence of a legal marriage in the first line.

These ideas are more important for those foreign nationals in Thailand to get married. For example, if a couple is coming to Thailand and conduct a ceremony with all commercialcan solemnization, the marriage still be unregistered as if the couple is not really ready for marriage registration. This is important to note those couples from other countries because lack of a marriage register could actually lead the pair to the home country or countries, not the legal recognition of the Union.

Of possible further interest to couples who are not Thai nationals is the difficulty of the entry of a divorce in Thailand, if the marriage is legalinitially registered, but later dissolved. Thailand, it can be quite difficult to find a divorce will take court in that jurisdiction to grant a, if not a party, the marriage, registration registered by an Tambien Baan (House) in Thailand, or if one of the foreign parties refuses to to make even for personal service in Thailand. For all the above reasons, foreigners, those married in the Kingdom of Thailand is toto seek legal counsel before marriage to avoid possible legal problems at a later date.