| A common law marriage, or 'de facto' marriage is | | | | marriage does not create a valid marriage in |
| basically a marriage that is recognized by law as a | | | | Thailand and therefore a prenuptial agreement is |
| valid marriage after a period of time in which a | | | | not required to protect the personal assets of the |
| man and a woman have cohabited as husband | | | | parties during the cohabitation. Only if the |
| and wife and presented themselves to the | | | | marriage is officially registered with the |
| outside world as husband and wife without | | | | government and entered into the official marriage |
| officially registering the marriage. Some countries | | | | register the relationship between husband and |
| in the world and some states in the US legally | | | | wife is governed by the Thai Civil and Commercial |
| recognize this as a valid marriage, even though | | | | Code and will create marital property between |
| the marriage is not registered. | | | | husband and wife under Thai family laws. In this |
| The principle of a common law or de facto | | | | case, prior to the marriage, a prenuptial |
| marriage is NOT recognized under Thai law. Only | | | | agreement should be considered. |
| registered marriages or marriages according to | | | | An official marriage can only be ended through a |
| Thailand marriage laws entered into the marriage | | | | formal Thai divorce procedure. |
| register are recognized as legal and valid | | | | Even though common law marriages are not |
| marriages and will create the rights, duties and | | | | recognized by Thai law a regulation of the Ministry |
| responsibilities between the spouses under Thai | | | | of Interior for Thai nationals married to a |
| marriage laws. | | | | foreigners purchasing land require a signed letter |
| So, even though a man and a wife have | | | | of confirmation by both the foreigner and the |
| cohabited as husband and wife in Thailand for | | | | Thai national that the land is bought as a personal |
| several years, and maybe confirmed their status | | | | asset of the Thai national under Thai marriage |
| through a Buddhist marriage ceremony, this | | | | laws before the land is legally registered in the |
| does not create a marriage under Thai law, nor | | | | Thai national's name. |
| could it create any claims as to maintenance or to | | | | Only in case of a official marriage in Thailand a |
| marital property upon separation by one of the | | | | correctly registered and valid prenuptial |
| parties to property titled in the other party's | | | | agreement is recommended to prevent future |
| name. | | | | disputes over personal properties and possible |
| A de facto, common law marriage or a Buddhist | | | | division of marital assets. |