Common-law marriage is a type of relationship in which a couple present themselves as married without having gone through a formal marriage ceremony or obtaining a marriage license. There are two common situations:
- Cohabitation: The couple lives together for a significant period, giving them some or all of the rights of a married couple. In jurisdictions that recognise common-law marriage, there are often specific requirements that must be met such as living together for a certain number of years.
- Public Representation: The couple presents themselves as married to family, friends and the community, often using the same last name, referring to each other as husband and wife. This is seen in Thailand when partners engage in a Buddhist marriage ceremony but do not legally register the marriage.
Common-law marriage in Thailand is not legally recognised. This means that even if a couple has lived together for many years, they do not gain the legal status of a married couple under Thai law.
Cohabitation Does Not Confer Marital Rights
In Thailand, merely living together does not confer any legal rights or obligations that are typically associated with marriage. For instance, property acquired during the cohabitation period is not considered marital property, and partners do not have automatic rights to each other's assets, inheritance or support in case of separation.
Clear Distinction Between Married and Unmarried Couples
The legal distinction between married and unmarried couples in Thailand is clear-cut. Legal marriage in Thailand requires a formal registration process at the local district office (Amphur). Without this official registration, the relationship is not recognised as a marriage, and thus, the legal protections and obligations of marriage do not apply.
To enter into a legal marriage in Thailand, a couple must follow the procedures outlined in Section 1457 of the Civil and Commercial Code. According to Section 1458, the man and woman must mutually agree to become husband and wife and make this declaration before a Registrar, who will then officially record the marriage.
A valid marriage in Thailand can only be dissolved through a formal divorce process, which again is done at the local district office.
Property Rights and Division
In the event of separation, property division between cohabiting partners follows general property laws rather than family law. Each partner retains ownership of their respective assets unless there is a mutual agreement or evidence of joint ownership.
This contrasts sharply with married couples, where marital property laws apply and prenuptial agreements (see here) can play a significant role in property division.
No Automatic Financial Responsibilities
Because common-law marriage is not recognised, there are no automatic spousal support or alimony obligations in the event of a breakup. This alleviates concerns about financial responsibilities that might arise without a prenuptial agreement.
Legal Clarity and Security
Living with a Thai partner for several years before formalising your relationship with marriage can be a wise choice. This approach allows you to build a strong, committed relationship without the immediate legal bindings of marriage.
It provides an opportunity to understand each other's lifestyles, values and compatibility on a deeper level. Since marriage in Thailand is legally binding and comes with significant rights, duties and responsibilities, cohabitation serves as a trial period to ensure readiness for the legal and financial commitments that marriage entails.