The Buddhist Religion is the most widely practiced belief system in Thailand. Nearly every Thai getting married in the Kingdom will have a customary wedding consecrated by Buddhist clergy. To the foreigner, these ceremonies can be fascinating for their exoticism and sumptuousness.
Oddly, the same attitude is not taken with regard to legalization of a marriage in Thailand. In the majority of marriages occurring in Thailand, sanctification is conducted in accordance with Buddhist religious practices or the family custom of the Thai fiancee. In a large number of instances, a religiously consecrated marriage will not be duly formalized according to the laws of the Kingdom of Thailand. As a rule, a legally binding marriage in the Kingdom of Thailand must be registered at the local Amphoe office (this is the Thai district office that overseas recoding name changes, marriage, and household registration).
For most Thais, the important factor for a Thai-American couple getting married is the customary or religious ceremony or ritual in which the couple publicly vows to remain committed and together with the village or respective families looking on as witnesses. In general, these rituals are performed by monks from a nearby temple and after blessing the nuptials the monks will pronounce the couple as wedded man and wife.
In cases where those involved do not legally register their marriage the consequences from an American Immigration standpoint are important, this is especially true for those aspiring to get a Green Card for their Thai loved one. However, as odd as it sometimes seems, the fiancée visa is generally more quickly acquired than an immigrant spouse visa. Therefore, in some situations a couple will choose to have a marriage celebration in Thailand and wait to have an actual legally binding marriage ceremony in the United States.
Also, where a marriage is not registered in Thailand, there is no recordation of a Thailand prenuptial agreement. In a few very rare cases, Thai courts have awarded unregistered spouses an equitable share of communal or marital assets, but in those situations the couple had been together for many years and had formed an "equitable partnership." It is often better to arrange a Thai prenuptial agreement while in Thailand because independent legal counsel can be obtained that utilizes Thai staff. This is very advantageous because the Thai language is not commonly spoken outside of Southeast Asia.
(Please note that this text should not be used as a definitive guide to personal legal issues, this text is written to provide information of a general nature. No Attorney/Client bond is generated by the mere act of reading this article.)
For more about this and other legal issues from Thailand contact Integrity Legal Toll Free at 1-877-231-7533 or via email at info@integrity-legal.com to learn more please see thailand prenuptial agreement or
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