The Thai method by which a marriage ceremony takes place and converts into a formal registration, and the rules that apply to eligibility for marriage, are – as you'd expect – familiar to Thais.
However, in Thailand and outside Thailand, there many marriages between foreigners and Thais. Due to the cultural differences relating to the understanding of marriage – religion, local custom and tradition – it is understandable why confusion can arise.
Whilst grappling with matters such as choosing wedding planners, selecting colour schemes, conducting the ‘pre-wedding photo shoot’, choosing the perfect venue and working out the budget for flowers, food and drink, the actual point of marriage may sometimes, in legal terms, be overlooked. Prior to marriage, foreigners often understandably misunderstand the preliminary procedures which are grounded in Thai law and custom.
Some foreigners actually proceed with the ceremony of marriage and, for personal reasons, choose not to register the marriage at all. In such cases, it is still possible for a couple to be deemed married, if there is evidence such as engagement property.
In relation to property, yet more confusion prevails. Where foreigners originate from ‘common law’ jurisdictions, or jurisdictions where ’50:50’ appears to be a rule of thumb for asset division upon divorce, the peculiarities of assets that can and can’t be owned by foreigners plays a large part in the outcome of divorce proceedings.
Can I promise to marry (betrothe) a 16-year-old Thai virgin if her family says yes? No. The minimum legal age for betrothal (a promise to marry not marriage itself) in Thailand is 17 years. You still need consent of the parents (both if both are still alive), or parents under adoption or legal guardian (s1436 Civil and Commercial Code (CCC). Such consent is required for minors up until the age of 20.
The betrothal is not valid until the man gives or transfers property known as khongman to the woman, as evidence that the marriage is taking place. It should be noted that there is no registration process involved and the khongman becomes the property of the woman after the betrothal has taken place.
Is this khongman different to what is often described as a 'dowry'
Yes, a dowry in Thai is known as sin sod and is property given by the man to the woman's parents, parents through adoption or legal guardians in return for the woman agreeing to marry.
If I don’t like my wife can I get a refund of the sin sod? No. However, if the marriage did not take place caused mainly by the woman, or circumstances making the woman unsuitable for marriage, the man may claim back the sin sod . This would, of course, involve a court case unless the parents were willing parties to the refund (s.1437 CCC)
What is the difference between betrothal and marriage?
Betrothal is a promise to marry; marriage is a registration (s.1458)
Are the rules different for foreigners marrying Thais? Yes, a marriage in a foreign country between Thais and foreigners may be effected by Thai law or the law of the country where the marriage takes place. Further, if the parties choose to marry in accordance with Thai law, the registration shall be effected by the Thai Diplomatic or Consular Officer. (s.1459 CCC).
I'm British and had a wedding ceremony with my Thai ‘wife’. We also went to the District Office, filled in some forms and got a very ornate certificate. Are we recognised as being married in Britain?
Most likely but not necessarily. Although foreign marriages are recognised in the UK, the www.Gov.UK website states: “Your marriage or civil partnership should be recognised in the UK if you follow the correct process according to Thai law." The registration of the marriage is recognised in Thailand provide all appropriate matters were attended to at the District Office. However, the other step in this process is to have your marriage certificate notarised by the Ministry of Foreign Affairs, and then for you to proceed to have your marriage recorded in the UK for the avoidance of doubt.
For other nationalities, the procedures may be different.
My Thai wife owned 1,000 rai of farmland before we got married. If we divorce in the future, will I receive 500 rai of farmland in the ordinary course of a 50:50 marriage assets settlement for divorce?
If there is no registered, legally effected, pre-nuptial agreement at the time of the marriage, then assets owned prior to the marriage are known as sin suan tua (s.1471 CCC), which are not subject to asset split at divorce proceedings.
However, if a pre-nuptial agreement is properly effected and registered and includes pre-owned assets in a list of assets to become marriage property, then those assets become sin somros”.
However, as land is an asset specific to Thai nationals, a divorce proceeding could only result in financial compensation for the foreigner in relation to the relevant land asset.
When I married my wife I thought she was born a female, but subsequently discovered that she was originally a man. Is this a sufficient ground for divorce? A marriage which is made on account of mistake as to the identity of the other spouse shall be deemed to be voidable within 90 days of marriage (s.1505 CCC). A marriage may also be voided through fraud to the extend that, but for the fraud, the marriage would not have been made (s.1506 CCC). This would be a matter of proceedings and presentation of evidence.
My wife likes to hit me with her shoes when she comes home drunk after playing cards every night. I'm fed up of this situation and would like to divorce, are there sufficient grounds to do so?
There are numerous grounds for divorce under these circumstances under s.1516 of the CCC, including misconduct (s.1516(s)); sustaining excessive injury (s.1516(c)); causing serious harm or torture to the body or mind (s.1516(3)). Choose your spouse carefully.
When I came home from work my wife had moved to her parents house in the north east of Thailand. She said she has no argument or issue with me, but just wants to live with her family. This isn’t acceptable. Can I file for divorce? This depends on various other circumstances, but there is a provision that after living separately for more than 3 years either spouse may file for divorce (s.1516(4/2).
Every time my husband travelled or went out with his friends,
I found out he kept cheating on me. He begged forgiveness and said he wouldn’t indulge his desires again. I decided that he could be forgiven, provided he executed under my lawyer’s advice, a ‘bond of good behaviour’. Two weeks later, I caught him in bed with the housekeeper. What can I do ? Under s.1516(8) you can claim for an immediate divorce.
I heard that upon divorce, all assets are split ’50:50’, is that true? Yes, but only in relation to the sin somros. It is of no consequence if one party contributed more to sin somros than the other, all relevant assets are pooled (s.1533 CCC).
My husband used to bet huge sums of money on illegal cockerel fighting whilst I managed our online stock trading business. He racked up huge debts as he could never pick a good cockerel. Upon divorce, can I simply make him pay off his own debts? If your husband has money, then he will be liable for this debt provided you didn’t approve the debt to the lender or creditor. However, if your husband defaulted on the debt, the creditor may enforce a judgment against an asset jointly onwed by you and your husband.
It is best to know what the rules of betrothal, marriage and divorce are by consulting with a qualified and licensed Thai attorney-at-law with competent experience in family law matters.
By Desmond Hughes, Senior Partner, Hughes Krupica
& Khun Pongsak Daengkaew, Senior Partner, Hughes Krupica
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia. www.hugheskrupica.com
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Tel: (0) 20 771 518
[email protected]
www.hugheskrupica.com
Contact info:
Hughes Krupica Consulting
PHUKET (HEAD OFFICE)
Hughes Krupica Consulting Co. Ltd
23/123-5 Moo 2 Kohkaew Plaza
The Phuket Boat Lagoon
T. Kohkaew Amphoe Muang
Phuket 83000 Thailand
Tel: (0) 76 608 468
BANGKOK (SERVICED OFFICE)
Hughes Krupica Consulting (Bangkok) Co. Ltd
29/41 Soi Ladprao 22
Ladprao Road
Chankasem, Chatuchak
Bangkok 10900 Thailand
Tel: (0) 20 771 518
[email protected]
www.hugheskrupica.com
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