Verifying Marital Status in Thailand: Essential Due Diligence Before You Remarry
Planning to remarry in Thailand? Crucial due diligence includes verifying your partner's current marital status to ensure a legally sound and stress-free union.
Why Verifying Marital Status is Crucial for Foreigners in Thailand
For foreigners considering marriage or remarriage in Thailand, especially to a partner who may have been previously married, verifying their current marital status is a critical step. Thailand's legal system has specific requirements for marriage and divorce, and failing to confirm your partner's legal ability to marry can lead to significant legal complications, emotional distress, and financial issues down the line. This due diligence protects your interests and ensures that your new marriage will be legally recognized both in Thailand and internationally.
Understanding the marital history of your intended spouse helps prevent issues such as bigamy, which is illegal in Thailand. It also provides clarity on any pre-existing legal obligations, such as spousal or child support from a previous union, which could indirectly affect your shared future. For a foreigner, navigating these complexities without professional legal assistance can be challenging.
How to Verify Marital Status in Thailand
Verifying marital status in Thailand primarily involves checking records at the local District Office (Amphur or Khet in Bangkok) where a marriage or divorce would have been registered.
1. Checking Marriage and Divorce Records at the Amphur Office:
If your partner is a Thai national and was previously married in Thailand, their marriage and any subsequent divorce should be registered at an Amphur office. You or your legal representative can inquire at the relevant Amphur to ascertain their current status. Key documents include:
- Marriage Certificate (Kor Ror 3 and Kor Ror 2): This document proves a marriage was registered.
- Divorce Certificate (Kor Ror 6 or Bai Ya): This is the official document proving a divorce is legally recognized. The Amphur also keeps a Divorce Register (Kor Ror 7 or Tabien Ya).
It's important to note that if a previous marriage took place outside Thailand, the divorce might also have been registered abroad. In such cases, official, translated, and legalized copies of foreign divorce decrees would be necessary.
2. Affirmation of Freedom to Marry / Single Status Certificate:
While often required for a foreigner to marry in Thailand (obtained from their embassy), a Thai national might also be asked to provide proof of their single status, especially if there's uncertainty about a previous marriage. The Amphur office is the primary source for verifying this for Thai citizens based on their records.
3. Potential Red Flags and Complications:
- Lost Divorce Documents: If your partner claims to be divorced but has lost the documents, it is crucial to obtain official copies from the Amphur office where the divorce was registered.
- Unregistered Divorces: A separation, even if amicable and long-term, does not constitute a legal divorce in Thailand. The marriage remains legally valid until officially registered as divorced at the Amphur.
- Waiting Period for Remarriage (for women): Under Thai law, a woman whose previous marriage ended due to death or divorce must generally wait 310 days before remarrying. This period can be shortened under certain circumstances, such as giving birth during this period, remarrying the former spouse, having a medical certificate proving no pregnancy, or by a court order.
The Importance of Legal Assistance
Navigating the process of verifying marital status and understanding the intricacies of Thai family law can be complex for foreigners. Engaging a reputable law firm like PS Law & Business in Bangkok can provide invaluable assistance. Our experienced lawyers can:
- Conduct thorough due diligence on your partner's marital status.
- Assist in obtaining necessary documents from Amphur offices.
- Provide clarity on Thai marriage and divorce laws.
- Advise on the legal implications for foreigners remarrying in Thailand.
- Help prepare all necessary documentation for your own marriage in Thailand.
Ensuring your partner is legally free to marry is a fundamental step before committing to a new life together. It safeguards your future and ensures the validity of your marriage under Thai law.
Frequently Asked Questions (FAQ)
Q1: What is the most important document to prove someone is divorced in Thailand?
A1: The official Divorce Certificate (Kor Ror 6 or Bai Ya), issued by the Amphur office, is the primary proof of a legal divorce in Thailand.
Q2: Can I check someone's marital status online in Thailand?
A2: Generally, official marital status records are not available for public online checking in Thailand. Verification typically requires inquiry at the relevant Amphur office.
Q3: My partner was divorced in another country. Is that recognized in Thailand?
A3: Foreign divorce decrees can be recognized in Thailand, but they usually need to be officially translated into Thai and legalized by the Thai Ministry of Foreign Affairs and sometimes reported to the relevant Amphur office. It's best to seek legal advice on this.
Q4: What if my Thai partner says they are divorced but cannot produce the certificate?
A4: It is crucial to obtain an official copy of the Divorce Certificate from the Amphur office where the divorce was registered. Relying on verbal confirmation is not advisable.
Q5: As a foreigner, what document do I need to prove I am single to marry in Thailand?
A5: You will typically need an "Affirmation of Freedom to Marry" or "Single Status Certificate" from your country's embassy in Thailand. This document, once translated into Thai and legalized, confirms you are legally eligible to marry.
External Links
- Ministry of Foreign Affairs, Thailand - For information on document legalization.
- Your country's Embassy in Thailand website - For information on obtaining an Affirmation of Freedom to Marry.