If you are getting married in Thailand then you need to register your marriage while in the country. The process can be complex and can take up to 5 days to complete. The following is a description of what would normally happen in Thailand but always consult a lawyer in Thailand especially if you wish to register a prenuptial agreement in Thailand as it must be done at the same time as the marriage or if you always wish to legitimise your child or apply for a marriage visa for Thailand when the marriage has been registered or a Australian visa in Thailand.
Marriage Registration for Australian
The process starts with you obtaining a “Freedom to Marry” from your Embassy in Bangkok. This letter will state that you are able to marry and that you are single. If you are divorced then the Embassy will need a copy of your divorce decree or a death certificate if you former spouse had died. Depending on your Embassy this can be a 2 day process if you are an American or British or can take 3 weeks if you are a Norwegian. Speak to a Thailand law firm for assistance.
The letter from your Embassy will need to be translated into Thai. This translation and the letter from the Embassy will need to be certified by the Thai Department of Foreign Affairs. This normally take another day to complete, being the translation and the certification. Once this has been done then the letter and any other documents from your Embassy needs to be taken to the local Amphur office to register the marriage.
Note that the marriage must be registered at the same time as your prenuptial agreement. The agreement cannot be registered later and must be done together. Search this website for more information about the prenuptial agreement as well as the requirements for marriage in Thailand.
Each Embassy has their own requirements for your letter or “Freedom to Marry”. If you are an Australian and got divorced in New Zealand which is more common than you think. You have to have your divorce decree certified at the New Zealand Embassy in Bangkok before taking this to the Australian Embassy for your letter to get married. If you are Swedish then you will also need to have 2 affidavits from friends who can verify your identity as well as state that you are single. If you are from the Philippines then you will need more documentation depending on your age. As an example if you are under 21 years of age then you need an “Affidavit of Consent” from your parents as well.
The documents needed for the Amphurs office is as follows:
- 1. Your current Australian passport;
- 2. Your fiancée’s Tabian Baan or house papers;
- 3. Your fiancée’s original Thai ID card;
- 4. Your divorce decree if you are divorced;
- 5. Your death certificate of your late spouse;
- 6. Birth certificates of any children you have together;
- 7. Prenuptial Agreement if you have one
- 8. Certified and Verified ‘Freedom to Marry’ Affidavit
Always take legal advice from a lawyer in Thailand if you are getting married in Thailand. Islamic marriages in Thailand are common and these also require a special process if you are Muslim. For Again take legal advice first.