We talked about possible marriage in the future and assumed a prenuptial.  Both have significant assets from home country.   Assume we want to protect those assets for our own children.   Future plan is to live in Thailand and USA, and travel. 

     A few questions come to mind...

- Does it matter if we get a prenuptial in Thailand or the USA?    Do both recognize it in case of a future issue?

- Does it matter what country we get married? ....though think she prefers Thailand so I'm curious how the USA recognizes that?     I assume some paperwork ...  Assume USA needs to recognize it so she might be able to get a different Visa?

- Thought I read that she could more easily work in the USA if desired, if married to an American.   She had looked into working there before (there is a process/exam for Nurses who then have to get sponsored by employer).

- Anything else I should know or think about?   Suspect a good attorney in Thailand would be useful.   

Thanks!

I have just done Attestation of Freedom to Marry and passport certification at the British embassy and thought I would share my experience it in case it is of interest/ help to others because when I researched the subject online previously the information that I could find was out of date. 

The  following points are noteworthy.

For the proof of address for the foreigner you have to have pink ID card or yellow house book if you give a Thailand address. If you give a UK address you can use documents from a list given including utility bills and bank statements or you can use a UK driving license . I have lived in Thailand for years but don’t have pink id or house book so I used my UK license.

Unlike previously you don’t need to prepare the affirmation document yourself just fill out the details in the online application form and the embassy will print out the document on the day. You check the document before signing and have chance to make any changes if necessary.

You need to make an appointment for this service. I applied on 14 February but couldn’t get an appointment until 29th.

Cost is £50 for affirmation plus £25 for passport certification. Payment is online using debit or credit card 

Process was very efficient. I had an appointment at 2-30pm and was seen slightly earlier with everything done by 2-30pm.

Hope this is helpful to someone.

Child support?

How much are you legally required to disclose.? 

Does the person have the power to make a legally enforceable divorce  settlement and maintenance payment.

She has the property such as it is and says she is asking for nothing (which is almost the level of my Thai assets) but I suspect she will tell a different story on the day. 

Thanks in advance for any and all advice. 

I am currently in thailand and wanting to get married to my partner.  We have been together 3 years no so it's time to bite the bullet.

I am from Australia and I know I need to fill in the certificate of no impediment to marry and send this to the bangkok australian embassy to show I haven't been married before.  I was hoping someone could clarify, the 2nd page of the form asks details of partner.  I assume this should only be filled in if I had been married before?  

https://thailand.embassy.gov.au/bkok/Getting_Married_in_Thailand.html

https://www.smartraveller.gov.au/sites/default/files/2019-10/form-no-impediment-marriage.pdf

Thanks for your help in advance!

I'm new to this forum but am hoping I can hear some advice. Please allow me to explain my situation.

I met my Thai wife in Japan, and this is where we currently live. After 4 years of dating I proposed to her and then 1 year later we got married purely in the legal sense (at the city hall in Tokyo).

We are hoping to have an actual wedding in Thailand after Covid has calmed down. Now I need to be clear, I was made aware of the dowry before we got married, and my understanding of it was that it would cost somewhere around £3000 and that typically it is given back and is more of a symbolic gesture. So, we offered a dowry of £3000.

My wife's mother rejected the offer of £3000 and started demanding upwards of £12000. My wife informed me of this and I was lost for words. Simply put, I don't have that kind of money. After some discussion, my wife was able to lower the dowry to £6000. This is better but still very high, as we need money for our future.

Regardless of the money, I am also upset by the attitude on display by my wife's mother. Every time we talk all she wants to ask about is the money and when we will pay. She doesn't care about the fact we are married, she hasn't congratulated us once. It really does feel as if she only sees me as some cash cow.

Different cultures, I get it. But still, this is a huge issue that is dividing my wife and I. She has told me that she disagrees with the amount and wishes we didn't need to pay it, but she still argues that it is a major part of Thai culture and that we can't escape it. I was not against paying some form of dowry, but I am upset by the huge amount and the attitude in which my wife's mother is asking for it.

Am I in the wrong? Should I just suck it up? My wife's sister is also constantly asking for money and this is draining my wife's and my resources very quickly. We haven't been able to afford things for ourselves for a while as my wife keeps sending money to her sister. I feel as if I am suffocating under all of these monetary demands.

I love my wife, I really do. She is currently pregnant with our first child. I want us to be able to provide a good life for our child but at this rate I am worried we simply won't be able to afford anything.

Thank you for letting me vent, if nothing else.

+ a prenup agreement

My elderly Mum(86), still sends a card out every year from UK.  That's to Mrs BB. 

Last month, we celebrated been married for 32 years and traditional materials matching each wedding anniversary year are for example 25 years is something Silver and to my shock 32 years is Transportation and the strangest thing is we changed the car the week before our anniversary.

During July of last year 2020 the Thai cabinet approved a draft civil partnership bill and an accompanying law amending parts of the Thai Civil Code —to recognize same-sex civil partnerships.

Currently the civil partnership bill is still in draft form and has yet to be vetted by the Thai Parliament before coming into law. I am looking for an update on behalf of a young couple.

Getting married in Thailand.

First and foremost, you should check the requirements at your local Amphoe office where you intend to register your marriage. Most Amphoe's will at minimum require an Embassy certified copy of your Passport information page, as well as an 'affidavit' of no impediment to marry, certified by your Embassy. These documents must be translated into Thai, then both the original and translations legalised by the Legalisation division of the Consular department of Thailand Ministry of Foreign Affairs.

Typical documents required by an Amphoe.

1. Passport.
2. Intended spouses Tabien Baan and ID card.
3. Embassy certified 'affidavit'', Embassy certified Passport copy and Thai translations, legalised by the Legalisation division of the Consular department of the MFA.
4. The marital status of your intended spouse can be checked on their online database for any previous record of marriage, or divorce. If your intended was previously 'widowed', I would recommend she takes her ex husbands Death certificate as proof of her marital status.

Next you must swear an 'affidavit' of no legal impediment to marry at your designated Embassy in Thailand. Each Embassy will have it's own procedure, but you will have to provide evidence of your current marital status, either 'single', 'widowed' or 'divorced'.

Certain Embassies may have 'templates' for such that they request you download, print and complete the fields with the requested information.

Do not sign – the 'affidavit. It must be signed in the presence of an Embassy official qualified to take such statements and witness. You will have to make an appointment at your Embassy to complete the procedure.

Your Embassy may request additional documents to verify information stated in the 'affidavit'.

I suggest you take the following documents to avoid any disappointment.

1. Passport
2. Completed 'affidavit' (unsigned).
3. Any 'final divorce decree' or 'death certificate' of ex spouse
4. Intended spouse Tabien Baan and ID card.

The Consular building of Thailand's MFA in Bangkok also has a translation office on the floor above from their legalisation office. You can arrange for translations and the legalisation of the documents to be returned to your home address by EMS, rather than wait around in Bangkok.
Takes approximately 5 working days for return by EMS.

Ministry of Foreign Affairs – Legalization Division
3rd floor, Department of Consular Affairs
123 Chaeng Wattana Road, Bangkok 10210
Call Center: Tel: +66 (0) 2572 8442 (Thai language only) OR +66 (0) 2 575 1058, +66 (0) 2 575 1059 (from 8.30 –14.30)
E-mail: consular04@mfa.go.th
Hours: 08:30-11:30 and 13:00-14:30

The above information is a general guide to the procedure to marry a Thai national in Thailand. Please check requirements at your local Amphoe and your Embassy before proceeding.

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Registering a foreign marriage in Thailand.

Not all foreigners marry their Thai spouses in Thailand, some tend to marry in their home Country.
However, if you plan to settle in Thailand at a later date and apply for 1 year extensions of stay based on Thai spouse, then it's important you register your foreign marriage at your local Amphoe.
The reason is simple, although you may be legally married, Thailand has no record of the marriage and do not accept foreign marriage certificates in their current form.

The foreign marriage certificate first has to be 'authenticated', 'translated' and then approved by the legalisation division of the consular section of Thailand's Ministry of Foreign Affairs.
“Legalization is the process of authenticating a document so a foreign country’s legal system will recognize it as valid and with full legal effect.”

Different Countries will all have their own procedural process to authenticate a marriage certificate issued in that Country. However, there are usually two basic procedures to 'legalise' a foreign marriage certificate to be recognised as a legally presentable and acceptable document in Thailand.

1. a). The marriage certificate must first be certified as an authentic document by the legalisation division of your home Countries department dealing with Foreign Affairs. In the UK this would be the Home Office, in the US Department of Homeland Security, or in Australia the Department of Home Affairs.

b). It is then forwarded to the relevant Thai Embassy for certification of the authorised signature by that Countries legalisation department attesting the certificate to be authentic, who will attach an Apostille

d). In Thailand have your Embassy make certified copies of your marriage certificate and also certified copies of the information page of your Passport.

e). Have the certified copies of Passport and marriage certificate translated into Thai.

f). Take the original marriage certificate, certified copies and translations to the legalisation department of the Consular section of Thailand's Ministry of Foreign Affairs to have them 'legalised'.

2. Certain Embassies provide the service to make a sworn oath in the form of an affidavit as to the marriage certificates authenticity. In this case, then follow steps d, e and f, above.

Once you have certified and legalised translations of your Passport and marriage certificate, these should be acceptable to an Amphoe to register your foreign marriage on their database for further use. Keep your original legalised foreign marriage certificate, do not let the Amphoe keep it.

There is a translation service in the same building of the Consular Affairs department.
You can arrange for the legalised documents to be returned by EMS to your Thai address, to save waiting and a return visit. Return by EMS usually takes 5 working days.

Ministry of Foreign Affairs – Legalization Division
3rd floor, Department of Consular Affairs
123 Chaeng Wattana Road, Bangkok 10210
Call Center: Tel: +66 (0) 2572 8442 (Thai language only) OR +66 (0) 2 575 1058, +66 (0) 2 575 1059 (from 8.30 –14.30)
E-mail: consular04@mfa.go.th
Hours: 08:30-11:30 and 13:00-14:30

The above information is for Guidance only. You should first check your Amphoe's requirements and your Countries legalisation process and Embassies procedures for legalisation of a foreign document to be legally acceptable in Thailand.