Max Law firm is an international law firm that is serving foreigners and foreign business in Thailand . We provide all legal services including marriage registration. In order to do the marriage registration the following are some of the laws and rules regarding the marriage registration in Thailand. Both for a foreign-Thai couple and a Thai –Thai couple. 

Marriage registration

In case of a foreigner marrying a Thai spouse the process is a little complicated while on the other hand in case of a Thai marrying a Thai spouse it is relative easy and simple. 

The marriage registration can be done at any well defined office in Thailand. You need to show evidence that you are single and are allowed to get married in Thailand.  For this you need a proof document from your country’s respective Embassy in Thailand.  You will also be required to translate the documents into the Thai language. If your spouse has died or been divorced then you will need to show the death certificate or divorce document in order to prove that you are no longer married and your status is single. These documents must then be translated into Thai and verified by the Thai foreign affairs. Finally take these documents to Amphur or Khet in order to register your marriage. of consular affairs who will sign the documents officially and then finally the documents with the translation will be filled with the district registrar. The marriage will be registered and the marriage certificate given. With the issuance of the marriage certificate the marriage registration process ends.

Following are the conditions for marriage.

Condition for marriage

According to the Thai Law the husband must give some property to the women as a proof of the marriage. Only then is the marriage considered effective.

Eligibility

The couples that are getting married needs to abide by the following rules to be eligible for marriage.

Both the partners must not be less than 17 years of age.

They must not be insane or incompetent persons.

Both of partners should not be a blood relative  brother or sister or full or half blood.

Both the partners should not have the same adoptive parents

Both of the partners must be single, thus they should not have a spouse at the time of marriage.

If the woman’s husband died or the marriage has been terminated then she must wait until 310 days to remarry.

Documents Required:

Affidavit of Marriage

Copy of passport

Death certificate or divorce document (in case your wife passed away or you both divorced.)

Documents required by your Thai fiancée

National Identity car

House registration certificate

Divorce or death certificate of his/her passed away or last spouse

A lawsuit or (less commonly) “suit in law” is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant’s actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff’s complaint. If the plaintiff is successful, judgment will be given in the plaintiff’s favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Although not as common, lawsuit may also refer to a criminal action, criminal proceeding, or criminal claim.

IP Law

Like any other country Thailand has an also formulated a law for protection of intellectual properties. Like, copy rights, patents and trademarks.
At first the law was passed in November 1994.

Patent Act
The patent act of 1979 with provisions made in 1992 that protects pharmaceutical and agricultural machinery and a patent protection for the period of 20 years.

Panted products

For an invention to be patentable, it must:
Have novelty
Involve an inventive step
Be capable of being made or used for some kind of production activity.
Therefore, the following would not qualify for patents:

Exceptions for patents

An invention widely known or used by others in Thailand before the filing of the patent application
An invention, the subject matter of which was described in a document or printed publication, displayed or otherwise disclosed to the public, in any manner, whether inside or outside Thailand, and whenever the disclosure is by document, printed matter, exhibition or public disclosure by any means whatsoever
An invention that has been granted a patent inside or outside Thailand prior to the date of the patent application
An invention that is the subject of an abandoned application in Thailand. This provision does not affect the rights of co-inventors and others who did not apply for such patent shall not be affected
An invention for which an application for a patent was filed in a foreign country more than 12 months prior to the date of the patent application, the foreign patent not having been issued.

copy rights

The Copyright protects works falling in the categories of literary work, including computer programs; dramatic, artistic and musical work; audio-visual material, cinematic film, recorded material; disseminated pictures or disseminated sound; or any other works in the fields of literature, science or fine arts.

A copyright belongs to the creator of a work, subject to the following conditions:
In the case of unpublished work, the creator must be of Thai nationality or reside in Thailand or be a national of or reside in a country which is a member of the Convention on the Protection of Copyright, of which Thailand is a member, provided that the residence at all times or most of the time is spent on the creation of the work

In case of published work, the first publication must be made in Thailand or in a country, which is a member of the Convention on the Protection of Copyright. In the case where the first publication was made outside Thailand or in a country which is not a member of the Convention, of the public of the sound work is subsequently made in Thailand or in a country which is a member of the Convention within 30 days from the first publication or the creator has the qualification as prescribed above at the time of the first publication.

In cases where the creator is required to be a person of Thai nationality, and the creator is a juristic person, such juristic person must be established under the Civil and Commercial Code of Thailand.

Copyright protection period
A copyright in literature, drama, artistry or music is valid throughout the lifetime of the creator, and for an additional 50 years thereafter. If the creator is a juristic person, then the copyright will be valid for a period of 50 years after the creation of the work. The copyright for applied artistic work remains for a period of 25 years after the creation of the work.

Thailand has improved its copyright system according to the international standards. But is has to do a lot in order to further improve its intellectual property.   Thailand can accomplish this by merely taking a strong actions to improve intellectual property.

We provide you with legal services and litigation including adoption in Thailand, Criminal Defense, Employment Disputes and Anti money laundering laws etc. Child adoption is included in Litigation.

Family Law contains Marriage & Divorce, Prenuptial Agreement, litigation etc.

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  Marriage Divorce In Thailand marriage must be done by registering it and it must be conducted in a legal way following the rules and keeping in mind all the requirements and exemptions of marriage. In the same way a divorce can be taken by the partners on request or through the court in Thailand. Litigation In family law another thing that is counted is litigation. It includes criminal litigation, break of contracts , etc. Prenuptial Agreement A prenuptial agreement is a financial plan of how the husband and wife will manage their assets and properties after marrying. Also how the property and assets will be divided in case of divorce. So prenuptial agreements must be made before marrying to protect one’s right otherwise if not made then the assets and property will be managed according to the Thai law and rules.  So it’s in the best interest of both the partners to make an prenuptial agreement before getting married.

If you want to draft a prenuptial agreement and need the help of a law firm we are the right people for the job. A prenuptial agreement is an agreement between both husband and Wife on how they will manage their assets and property after they get married. Who will get what and how much he she will get it. Not only this but also what will happen if the husband and wife separate then how will be the division of assets made. So it is a plan of how will the assets be divided upon divorce or how the assets and propert will be controlled during the marriage life. So it is a financial contract that tells how a couple will manage the financial aspects of their marriage life.

So a prenuptial agreement is a plan for the unexpected mishap that is a divorce e.g. So it is a backdoor exit that protects your rights and assets and property. So a prenuptial agreement must be prepared in a very careful and thoughtful manner. 

What happens if a couple doesn’t make a prenuptial agreement?

If a couple doesn’t have a prenuptial agreement and they already got married it the marriage will be valid. But if a couple later separate in the form of divorce then the property and assets will be divided according to the Thai family law system. So it is better to write a prenuptial agreement that protects your assets and property. 

Why you need a lawyer?

A Prenuptial agreement is valid if the requirements are met and also it must be in accordance to the Thai law. So a lawyer can assist you in this matter.

We translate documents into Thai- Eng, Eng-Thai and into most of other languages. We also prepare legal contracts that are between two parties or more. We make perpetual contracts and other types of contract as well. We translate your documents into any language without that becoming a headache for you. Also we help you to draft it possible that the contract made is in best legal way possible so you can rest assured that you are in good hands.