Gay expats may be considering a plan of action if they have a longstanding Thai partner. In a blaze of publicity, marriage will be lawful in Thailand irrespective of gender or nationality from late January 2025. This positive and anti-discriminatory reform is welcome news for Thai same sex couples, though foreigners contemplating the leap do need to be aware of the issues both before and after solemnization.
To get married in Thailand, a foreigner needs to swear an affidavit at his or her embassy that there is no other spouse lurking here or overseas. Embassies operate independently and each has its own procedures and documentary requirements. Some, for example, require the details of a fellow national who has known the applicant for a period of time. It is usually necessary to book the appointment online and several weeks of delay are common. There could also be a delay in booking appointments with the Ministry of Foreign Affairs for all-important legalization and with the local authority Registrar, especially in the provinces.
Hopefully a legal marriage will be successful, howbeit with the expected ups and downs. But what happens if it is fails? If both parties agree on settlement terms, the process can take as little as one day to be amicably terminated by the Registrar. Other scenarios are that the parties agree to separate or that one party deserts the other. If one spouse has used violence against the other, the matter could even become a criminal matter. Everything depends on the specific circumstances.
The whole point about divorce, if matters come to a head, is whether the two parties agree. If they sign a joint settlement in writing, that’s fine so far as the Registrar is concerned. Of course, the areas of contention are usually disputes about bank accounts, property ownership or any spousal children and their future. Even if the matter is referred to the family court, the parties will be pressed to see if an agreement is possible.
If there is no agreement or if one spouse has disappeared, or refuses to appear as a defaulter, then the family court will look to the very detailed Thai civil and commercial code for guidance. Suffice it to say here that extra-marital affairs, a separation of at least three years or desertion after one year are the most common elements. If there is no amicable settlement, the court will be inclined to tackle the issues of marital property and child custody (if relevant) on the basis of Thai laws.
The above brief summary is not meant to discourage gay marriage, but simply to point out some of the major ramifications. Incidentally, two foreigners (no Thai person being involved) can also get married in Thailand and this option will also be available to same sex couples in the new year. Obviously, they would be well-advised to take legal advice just like anyone taking such a serious decision affecting their whole future. In the meantime, let’s rejoice that Thailand’s king has endorsed the marriage equality bill into law. The country thus becomes the first country in the region – south east Asia – to recognize same sex unions.
