行政書士法人第一綜合事務所

An administrative scrivener explains the procedures of international marriage between a Japanese and a Thai!

An administrative scrivener explains the procedures of international marriage between a Japanese and a Thai!

Thailand has long been known as a pro-Japanese country, and there are quite a few international marriages between a Thai and a Japanese.
In this article, an international administrative scrivener will explain the procedures for international marriage between a Japanese and a Thai based on experience.
We hope this article will serve as a reference for those who are looking for information as to marriage between a Japanese and a Thai.

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1. Technical terms related to international marriage procedures

In this section, we will explain the technical terms used in international marriage procedures.
These terms will appear later in this article, so we recommend you to read the following explanation before proceeding to the rest of the article.

1) The formation of international marriage

In order for international marriage to become effective, in principle, it is necessary to form marital relationships recognized under the homeland law of the wife and that of the husband (laws of Japan and Thailand in this case).
If you carry out the marriage procedure in Japan first, such method is called the Method of Japan, and if you carry out the marriage procedure in Thailand first, such method is called the Method of Thailand.

2) What is a Certificate of Legal Capacity to Contract Marriage?

In order for a foreigner to effectively marry in the Method of Japan, he/she must meet the marriage requirements stipulated by his/her homeland law (e.g. legal age for marriage, and being unmarried).
However, in reality, it is not easy for Japanese municipal offices to research foreign laws.
To solve such issue, a Certificate of Legal Capacity to Contract Marriage needs to be submitted, so the authority knows that the marriage requirements stipulated by the homeland law of the relevant foreigner are satisfied.

In some countries, a Certificate of Being Unmarried is issued instead, but if the document clarifies the fulfillment of legal marriage requirements other than just being single, such document can be considered as a Certificate of Legal Capacity to Contract Marriage as well.

2. Points to note regarding procedures for international marriage between a Japanese and a Thai

The following items are points to note regarding procedures for international marriage between a Thai and a Japanese.

1) A Certificate of Legal Capacity to Contract Marriage

Thailand does not issue a Certificate of Legal Capacity to Contract Marriage.
Therefore, you must submit some other documents to prove that the Thai partner satisfies all marriage requirements.

2) The legal age for marriage

The legal age for marriage in Thailand is 17 years old for both male and female; provided, however that people under 17 years old can marry if the court permits.
Please note that if the marrying party is under 20, he/she must obtain consent from parents.

3) Period of Prohibition of Remarriage

Women cannot remarry until 310 days have passed since the end of their previous marriage unless (1) a child is born within the period, (2) the remarriage is carried out between the same parties as those who just got divorced, (3) there is a statutory certificate of non-pregnancy issued by a qualified doctor, or (4) there is a court order permitting marriage.
Please note that the period of prohibition of remarriage applies to marriages between a Thai male and a Japanese female.

4) Family name after marriage

Thailand has a selective marital surname system. Thai people can change to their spouses’ names upon marriage or continue to use the original name after marriage.
Having said that, it is common for Thai women to change her family name to husband’s name upon marriage, and in most cases of international marriages between a Thai female and a Japanese male, the Thai female change to her husband’s name.

3. Documents required for international marriage between a Japanese and a Thai established in the Method of Japan

Now we will explain the procedures for international marriage between a Japanese and a Thai.
We will describe the necessary documents for marriage between a Japanese and a Thai which is established in the Method of Japan.
We recommend that you talk to the Ministry of Foreign Affairs of Thai in advance since you will need to obtain the list of required documents and an application form.

1) Documents required by municipal offices in Japan

[Documents to be prepared by the Japanese husband/wife to be]
・A form of the Notification of Marriage (the same form as the one used for marriage between Japanese people)
・ID (driver’s license, passport, etc.)
・A transcript of the family register (if you are submitting the Notification of Marriage to a place other than the registered domicile)

[Documents to be prepared by the Thai husband/wife to be]
・Certificate to Prove Marital Situation (with Japanese translation)
*Note: This needs to be certified by the Ministry of Foreign Affairs of Thailand.
・Birth Certificate (with Japanese translation)
・A transcript of Registration of Residence (ทะเบ ยนบ าน) certified and stamped by the relevant government office
・Passport
*Note: If the Thai partner is not in Thailand, a copy of his/her passport will do.
・Statement

2) Reporting marriage to Thailand for marriage registration

There is a marriage registration system in Thailand. After submitting a Notification of Marriage to a Japanese government office, you need to go to a relevant Thai county office for marriage registration.

[Documents to prepare]
・A transcript of the family register made after marriage and Thai translation thereof
*Note: After being certified by the relevant government office of Thailand in Japan, this needs to be certified by the Ministry of Foreign Affairs of Thailand as well.
The government office of Thailand in Japan which certifies the transcript checks Thai translation, and especially the format of the translation is severely checked.
・ID and passport of Thai spouse

If the Japanese spouse is unable to appear at the county office in Thailand, you will need to submit a power of attorney issued by the relevant government office of Thailand in Japan.
In addition, if a Thai spouse plans to change his/her surname to the surname of the Japanese spouse after marriage, he/she must submit a Certificate of Consent to the Surname issued by the relevant government office of Thailand in Japan.

When the marriage registration is completed, the county office of Thailand will issue a family status register (i.e. a marriage certificate).

4. Procedures for international marriage between a Japanese and a Thai in the Method of Thailand

In this section, we talk about cases where a Japanese and a Thai marry in the Method of Thailand.
If you want to marry in the Method of Thailand, the Japanese partner needs to travel to Thailand.
Both marrying parties must go to the local office for marriage registration.

1) Obtaining a Declaration of Marital Eligibility and a Certificate of Legal Capacity to Contract Marriage at Japanese embassy in Thailand

The procedures for the Method of Thailand starts when you obtain a marriage qualification declaration and a Certificate of Legal Capacity to Contract Marriage at the Embassy of Japan in Thailand.

[Documents to be prepared by the Japanese husband/wife to be]
・A transcript of the family register
・Resident card
・Certificate of Employment
・Proof of Income
・The original copy of passport and copy of its ID page
・Questionnaire (fill in the form provided by the Japanese Embassy)

[Documents to be prepared by the Thai husband/wife to be]
・ID and its copy
・Registration of Residence (ทะเบ ยนบ าน) and copy thereof
・Passport and copy of its ID page
*Note: This is not required if a passport has not been acquired

2) Documents required to be submitted to a county office in Thailand

[Documents to be prepared by the Japanese husband/wife to be]
・ Marriage qualification declaration
・ Certificate of Legal Capacity to Contract Marriage
・ Original copy of passport

If you submit a marriage notification to the county office in Thailand, they will issue a family status register (i.e. a marriage certificate).

3) Reporting marriage to Japan

After the marriage registration in Thailand, you need to submit a marriage notification to a municipal office in Japan or a Japanese embassy in Thailand to report the marriage.

[Documents to be prepared by the Japanese husband/wife to be]
・Family status register (marriage certificate) and Japanese translation thereof
・ID (driver’s license, passport, etc.)
・A transcript of the family register (only if submitting a marriage registration to a place other than the registered domicile)

[Documents to be prepared by Thai husband/wife to be]
・Birth Certificate and Japanese translation thereof

5. Summary of international marriage procedures with Thais

In this article, we introduced the procedures for international marriage between a Japanese and a Thai.

Marriages with a Thai tend to take time for the certification of documents.
In particular, you must get the family register certified by the relevant Thai government office in Japan after the establishment of your marriage in Japan, but Thai translations of such family registers are often checked in great details, and you may even be requested to fix translation and re-submit.
Therefore, we recommend that you carry out the procedures ahead of time.

We hope that this article will serve as a reference for Thai people who are considering international marriage with a Japanese.

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