THAILAND MARRIAGE

Thailand marriage visa is the popular term for "One Year Extension of Stay Based on Marriage". This type of visa is issued to the foreigner who is married to a Thai national and meets the requirements of the immigration bureau. The Thai marriage visa holder is entitled to stay for a full year in Thailand without the need to exit the country. The visa is renewable every year and it can be renewed within Thailand given that the foreigner has met the requirements.

The Thailand Marriage Visa allows the foreigner to stay and work in Thailand provided that a valid Thai Work Permit can be obtained to go along with the visa. This is considered an advantage to foreigner’s employment prospects as the employer would only have to concern about the procurement of work permit.

REQUIREMENTS

Married to Thai National

This is substantiated through a Marriage Certificate. There are instances (depending on the immigration office) that a copy of the Affirmation of Freedom to Marry obtained by the foreigner from his embassy in Thailand is also required.

Financial Requirement

1. THB 400,000 in a Thai Bank Account for 2 months before the visa application
2. Monthly income of at least THB 40,000. A letter from the foreigner’s embassy has to be shown to verify this income.
3. Combination of the Thai bank account and yearly income with the sum of 400,000 THB

Police Clearance *
Medical Certificate *

* These are not required if the visa application is submitted within Thailand. These documents are required by some Thai embassies and consulates for the issuance of a Non-immigrant O visa.

THAILAND MARRIAGE VISA APPLICATION PROCESS

There is no direct visa application for the Thailand marriage visa. Once you have completed or met the requirements, the foreigner could obtain a 90-day or even a one year non-immigrant O visa from his home country or country of residence.

Once the Non-immigrant visa is obtained, you must travel to Thailand to activate the non-immigrant visa which permits you to stay in Thailand for 90 days from the date of entry.

Then you must prepare the documents especially the financial requirements for the extension of the non-immigrant O visa to a one year marriage visa. The extension will take place on the last 30 days of the 90-permit to stay or there should be 21 days left on the current permit to stay. The visa extension application will be submitted to the Immigration office.

Note: The foreigner on a Visa Exemption stamp or a tourist visa can still apply for a marriage visa given that the foreigner has already met the requirements for the non-immigrant O visa and for the one year extension visa applications. This can be done at the immigration office in Thailand.

REMINDERS TO THE THAILAND MARRIAGE VISA HOLDERS:

1. 90-day Reporting
This is a requirement in maintaining your marriage visa. You would need to notify the nearest Immigration office regarding your current residence every 90 days. However, if you are not in the country when the report is due, the counting for the 90-days will start again after the 90-day reporting or upon entry to Thailand.

2. Re-entry Permit
If you plan to travel in and out of Thailand within a year, it’s advised that you obtain a multiple re-entry permit. However, if you plan to stay in Thailand the whole time a single entry will do. But, in case you would need to leave the country for any reasons then you would need to apply a re-entry permit at the nearest Immigration Office or at the international airport before leaving the country. This way your visa won’t get cancelled.

3. Bank Account
The marriage visa is valid for a year but you can renew it by presenting the same requirements the first time you applied. However, the funds in your bank account must be at least 3 months old before your can renew your visa.

In the event of divorce, the validity of your marriage visa may be forfeited and you will have to leave the country immediately. Sometimes, you will be allowed to stay in the country until the expiration of your current marriage visa.

Thai marriage registration varies depending on nationality. The Thai marriage can be solemnized with or without a Betrothal Ceremony in ritual manner and also through court. The betrothal ceremony is nothing but a promise to marry and in the form of an agreement.

The agreement is effective only when the man gives engagement property to the woman as evidence. The injured party is entitled to claim damages in the event of breach of the betrothal agreement.

THAILAND PRENUPTIAL AGREEMENT

Thailand prenuptial agreement or “Thai prenup” is a written contract created by two people before they are married. A Thai prenup typically lists all of the property each person owns (as well as any debts) and specifies what each person's property rights will be after the marriage. In some jurisdictions, a prenuptial agreement is known as an “antenuptial agreement” or in today’s terminology, as a “premarital agreement.”

Thai Prenuptial Agreement is governed by the Thai Civil and Commercial Code. It is important that you seek counsel from a registered Thai lawyer, attorney or solicitor familiar with the laws in your home country and in Thailand before preparing a prenuptial agreement with a Thai national fiancée.

REQUIREMENTS

Under the Thai Civil and Commercial Code, there are several requirements for making a Thailand prenuptial agreement:

First, the contract must be in writing.
Additionally, each party must receive separate legal counsel.
Finally, the parties must sign the Thai prenuptial agreement in the presence of two witnesses prior to the marriage registration, and The Thai prenuptial agreement must be registered at the local district where the parties decide to register their marriage.

WHO NEEDS A PRENUPTIAL AGREEMENT

US CITIZENS: Prenuptial agreements are valid in all 50 states. In fact, since 1983, at least 26 states have enacted a version of the Uniform Premarital Agreement Act, which encourages enforcement of prenups. Case law is sufficiently developed that a well-drafted prenuptial agreement, properly prepared by counsel for both parties, can withstand the toughest scrutiny.

UK CITIZENS: Prenuptial Agreements are not recognized by law in the United Kingdom. However, some weight “may” be given by the court; it will nevertheless take the content of the agreement into account when reaching its decision. It is strongly recommended for British and UK Citizens to draft a Thailand prenuptial agreement for prior to marriage to Thai fiancé.

EU CITIZENS: Prenuptial agreements are generally upheld throughout continental Europe. For example, France, Germany and Belgium recognize premarital agreements that fall within the bounds of accepted contracts.

AUSTRALIA CITIZENS: In Australia, prenuptial agreements may be made under the Family Law Act of 1975. The typical topics are covered and the usual restrictions apply.

THAI CITIZENS: Thailand prenuptial agreement is valid and enforceable under Thailand Law