In Thailand, marriage ceremonies can be lavish affairs. The Thai people are known for their proclivity for pomp. As any expat or non-Thai gentleman who has married a Thai lady can likely confirm, marriage in Thailand is not something to be taken lightly because Thais love a good wedding.

Oddly, the same attitude is not taken with regard to legalization of a marriage in Thailand. In many cases throughout the Kingdom, marriages are solemnized according to either Buddhist religious rites or by local custom in the Province where the wedding takes place. In a large number of instances, a religiously consecrated marriage will not be duly formalized according to the laws of the Kingdom of Thailand. Usually, marriage in Thailand requires execution of a legally binding marriage registration at the local Amphur office (Amphur is the Thai word for the office that keeps all of the marital records and name change affidavits, the Amphur office is similar to a clerk of the court in common law countries).

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. Usually such ceremonies are conducted by the local monks or Buddhist clergy and in many cases the monks bless the union and pronounce the couple married.

For those couples who do not legalize their marriage the implication for US Immigration can be critical, particularly where an American seeks to obtain a United States Green Card for his unregistered Thai spouse. However, as odd as it sometimes seems, the fiance visa is often faster to obtain than the classic marriage visas. 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 can be highly beneficial due to the fact that Thai is not used widely outside of the Kingdom of Thailand.

For related information please see: thailand prenuptial agreement

The author, Benjamin Hart, is a licensed US attorney and Managing Director of Integrity Legal (Thailand) Co. Ltd. A firm in Bangkok with US and Thai attorneys. Contact Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or email info@integrity-legal.com

(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 lawyer/client relationship is brought about by reading this piece.)