A common law marriage, or ‘de facto’ marriage is fundamentally a marriage that is regarded by law as a valid marriage soon after a period of time of time in which a person and a lady have cohabited as husband and spouse and introduced themselves to the exterior earth as husband and spouse with out formally registering the marriage. Some nations around the world in the world and some states in the US lawfully recognize this as a valid marriage, even however the marriage is not registered.
The basic principle of a common law or de facto marriage is NOT regarded beneath Thai law. Only registered marriages or marriages according to Thailand marriage legislation entered into the marriage sign-up are regarded as legal and valid marriages and will produce the rights, responsibilities and responsibilities between the spouses beneath Thai marriage legislation.
So, even however a person and a spouse have cohabited as husband and spouse in Thailand for numerous decades, and it’s possible verified their position by a Buddhist marriage ceremony, this does not produce a marriage beneath Thai law, nor could it produce any claims as to maintenance or to marital residence upon separation by just one of the functions to residence titled in the other party’s identify.
A de facto, common law marriage or a Buddhist marriage does not produce a valid marriage in Thailand and thus a prenuptial arrangement is not needed to secure the individual property of the functions during the cohabitation. Only if the marriage is formally registered with the govt and entered into the official marriage sign-up the romance between husband and spouse is governed by the Thai Civil and Industrial Code and will produce marital residence between husband and spouse beneath Thai loved ones legislation. In this situation, prior to the marriage, a prenuptial arrangement need to be regarded.
An official marriage can only be finished by a formal Thai divorce process.
Even however common law marriages are not regarded by Thai law a regulation of the Ministry of Interior for Thai nationals married to a foreigners paying for land have to have a signed letter of affirmation by equally the foreigner and the Thai countrywide that the land is purchased as a individual asset of the Thai countrywide beneath Thai marriage legislation in advance of the land is lawfully registered in the Thai national’s identify.
Only in situation of a official marriage in Thailand a properly registered and valid prenuptial arrangement is advised to stop upcoming disputes over individual homes and attainable division of marital property.