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PRENUPTIAL AGREEMENT

Last updated: 20 May 2024
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PRENUPTIAL AGREEMENT
A betrothal ceremony is not a legal requirement for solemnizing a marriage in Thailand. Instead, it serves as a formal agreement where both parties promise to marry. For the betrothal to be valid, the man must provide an engagement property to the woman as evidence of the agreement.

If either party breaches the betrothal agreement, they may be subject to damages claims. It's important to ensure that marriage registration follows specific guidelines for individuals of various nationalities. Our legal team can assist you through the process.

Registering a marriage between a Thai and a foreigner can be complex and demanding. Like any significant event, marriage requires thorough preparation. If you plan to marry in Thailand, it's crucial to understand the processes and legalities involved. Hiring a local attorney can help ensure that your marriage is recognized in Thailand and abroad and complies with Thai laws.

Qualifications for Marriage

  1. Both partners must be at least 17 years old.
  2. Both must not be declared insane or incompetent.
  3. Both must not be direct blood relatives (ascendant or descendant line).
  4. Both must not be full or half siblings.
  5. Both must not have the same adoptive parents.
  6. Both must be unmarried at the time of marriage.
  7. A widow or widower can remarry only after 310 days from the end of the previous marriage, except if:
  • A child was born during this period.
  • The divorced couple remarries.
  • A doctor certifies that the woman is not pregnant.
  • A court allows the woman to remarry.


Required Documents


For Thai Nationals:
  • ID card
  • House Registration Certificate
  • Proof of Divorce (if applicable)
  • Single Certificate

For Foreigners:
  • Passport
  • Visa
  • House Registration Certificate
  • Proof of Divorce (if applicable)
  • Affirmation of Freedom to Marry from the Embassy
  • Thai translation of the Affirmation of Freedom to Marry, certified and approved by the Ministry of Foreign Affairs
  • Police Clearance Certificate

Marriage Registration
Marriage is registered by both parties declaring their consent to marry before a registrar at the district office. After the marriage is registered, each party receives a Certificate of Marriage. As the certificate is in Thai, the foreign party must have it translated into English for use in their home country. The translated document must then be certified by the Ministry of Foreign Affairs.

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