A common law relationship, or ‘de facto’ relationship is essentially a relationship that is regarded by law as a valid relationship following a time period of time in which a male and a lady have cohabited as husband and spouse and presented them selves to the outside globe as husband and spouse without formally registering the relationship. Some nations in the world and some states in the US legally identify this as a valid relationship, even although the relationship is not registered.
The basic principle of a common law or de facto relationship is NOT regarded under Thai law. Only registered marriages or marriages according to Thailand relationship rules entered into the relationship sign-up are regarded as legal and valid marriages and will make the legal rights, duties and obligations involving the spouses under Thai relationship rules.
So, even although a male and a spouse have cohabited as husband and spouse in Thailand for various many years, and perhaps verified their position by means of a Buddhist relationship ceremony, this does not make a relationship under Thai law, nor could it make any promises as to upkeep or to marital property upon separation by 1 of the events to property titled in the other party’s name.
A de facto, common law relationship or a Buddhist relationship does not make a valid relationship in Thailand and therefore a prenuptial settlement is not essential to protect the individual property of the events through the cohabitation. Only if the relationship is formally registered with the federal government and entered into the official relationship sign-up the romance involving husband and spouse is governed by the Thai Civil and Business Code and will make marital property involving husband and spouse under Thai household rules. In this circumstance, prior to the relationship, a prenuptial settlement really should be considered.
An official relationship can only be ended by means of a formal Thai divorce procedure.
Even although common law marriages are not regarded by Thai law a regulation of the Ministry of Interior for Thai nationals married to a foreigners paying for land call for a signed letter of confirmation by both the foreigner and the Thai national that the land is purchased as a individual asset of the Thai national under Thai relationship rules prior to the land is legally registered in the Thai national’s name.
Only in circumstance of a official relationship in Thailand a accurately registered and valid prenuptial settlement is encouraged to prevent upcoming disputes around individual homes and attainable division of marital property.