Common law marriages also referred to as a 'de facto' marriage is basically a marriage that is not officially registered but is recognized by law as a legal valid marriage or becomes valid after a period of time in which a man and a woman have cohabited as husband and wife and presented themselves to the outside world as husband and wife. In some countries and states a 'de facto' marriage is recognized as a legally valid marriage. The principle of a common law or de facto marriage (whether it concerns a heterosexual or homosexual couple) is NOT recognized under Thai law.
Buddhist marriage
Also a couple who have conducted a Buddhist marriage ceremony and have chosen to live together as husband and wife are under Thai law not treated as a legally married couple. Only officially registered marriages entered into the official marriage register are recognized as legal and valid marriages in Thailand and will create the rights, duties and responsibilities of husband and wife under Thai family laws.
So, even though a man and a wife have cohabited as husband and wife in Thailand for several years, and maybe have formalized their status as a couple through a Buddhist marriage ceremony it does not create any rights or claims as to maintenance or to marital property by one of the parties for property titled in the other party's name. A prenuptial agreement or cohabitation agreement is not required to protect the personal assets in this case. Only if a man and a woman are engaged and planning on getting offially married a prenuptial agreement could be considered to protect personal assets. The prenuptial agreement becomes legal when registered together with the marriage.
Opposite to a Buddhist marriage, an official marriage can again only be ended through a formal divorce procedure. In case of a official marriage in Thailand a prenuptial agreement is recommended to prevent future disputes over personal properties and possible division of marital assets.
Civil Code section 1457: Marriage under this Code shall be effected only on registration being made.
Civil Code section 1458: A marriage can take place only if the man and woman agree to take each other as husband and wife, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar.
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