If you plan to marry your partner in Thailand, there are a number of things that you must first consider. Do you wish to prepare a prenuptial agreement; do the laws of Thailand in conflict with the Canadian laws considering the marriage will be held in Thailand; and lastly, do both of you meet the eligibility to marry in Thailand. If both of you are eligible, then, you can proceed with the marriage registration process in Thailand.
The General Steps in Marriage Registration
You can choose either or both the religious and civil ceremonies of marriage. What is important, if you want your marriage in Thailand to be recognized in the Kingdom and in other countries, is to have such marriage registered after the ceremonies in Thailand, a marriage can only become official if it is registered and the couple has been issued with a marriage certificate.
Nonetheless, in order to be registered officially, these are the steps in which you and your partner must do together or individually, depending on what is needed.
- Obtaining the Affidavit of Freedom to Marry
This is obtained at the Canadian Embassy (if the spouse-to-be is of another citizenship aside from Canadian or Thai, he/she must obtain it at his/her respective embassy).
The applicant must also bring with him his passport for identification purposes. If previously married but has since divorced or if previous spouse has since passed away, the divorce or death certificate should also be brought along.
- Translation of Documents
The Affidavit of Freedom to Marry and other documents must be translated by a certified translator to ensure accurate translations of these.
- Certification of the Affidavit
The affidavit as well as other documents that should be authenticated must be submitted to the Thai Ministry of Affairs - Legalization Division.
- Registration of Marriage
All of the needed documents must be submitted at the district office. After it is registered, the couple will be provided with two (2) copies of marriage certificates and addendum.
The Canadian and his soon-to-be spouse must be eligible to marry in Thailand and eligibility includes mental state, age, blood and non-blood relations and civil status.
- Age - the marrying couple should be aged above 17 years old or should be at the marriageable age in their home countries by the time of marriage. Nonetheless, there can be instances that the court may allow them to marry even before the allowable age but only if there is a compelling reason to do so.
- Mental State - both of them should be at the right state of mind, not clinically adjudged as insane or incompetent.
- Blood and Non-blood Relations - they should not be related by blood either ascendant or descendant line, be siblings in full or half blood or that they should not be within the non-allowable degrees of relationship. Also, if adopted, they should not have the same adoptive parents otherwise marriage cannot happen.
- Civil Status - either of them should be single by the time of marriage. If previously married but such marriage has been terminated by virtue of a divorce or the previous spouse has since passed away, they must present a certificate of divorce or death certificate, whichever is applicable.
If the soon-to-be wife's husband has died or if she is previously married, marriage cannot take place if it will happen within 310 days after death of the husband or the legal termination of such marriage unless otherwise a child has born within the time period, the person she is marrying is her previous husband whom she divorced with, a certificate certifies the lady not to be pregnant and if a court has handed out an order for her to marry another.
Note: If divorced within the 310-day period, for the male party, the marriage cannot be ensued.
For the female party, it can happen within the 310-day period (from the date that the final divorce decree was approved provided that the female is not pregnant).