It is important to examine the conditions under which a Franco-Thai marriage must be formalized, sometimes in France, sometimes in Thailand.
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It is important to examine the conditions under which a Franco-Thai marriage must be formalized, sometimes in France, sometimes in Thailand, and to pay particular attention to the existing formalities for finalizing this marriage between a French citizen and a Thai citizen, and to ensure its full validity and enforceability between France and Thailand.
It should be noted that there is no bilateral agreement between France and Thailand.
Therefore, any French citizen marrying in Thailand must request the transcription of their Thai marriage certificate into the French civil registry at the Embassy for it to be recognized in France.
Conversely, any Thai citizen wishing to have their French marriage and divorce recognized in Thailand must present the Thai authorities with the marriage certificate and divorce decree, previously legalized by the legalization office of the Ministry for Europe and Foreign Affairs in Paris, translated by one of the translators known to the Royal Thai Embassy in France, and further legalized by the Thai Embassy in France. This is necessary to complete the procedures and allow for transcription by the Thai authorities.
It is therefore important to understand the procedures for a French citizen marrying a Thai citizen in Thailand.
What formalities must be completed before a French-Thai marriage?
Several formalities must be completed before and after marriage to a French citizen for the union to be recognized as valid by the French authorities, thus enabling the issuance of a French marriage certificate and a family record book.
First, in accordance with French law, specifically Article 171-2 of the Civil Code, the marriage of a French citizen must be preceded by the publication of banns.
The publication of banns consists of publicly posting the proposed marriage for ten days at the Embassy and, if applicable, at the town hall of residence if the citizen lives in France, and, if applicable, at the French Consulate responsible for the citizen’s country of residence, particularly in Thailand.
At the end of these ten days of public posting, if no objection to the marriage has been raised, a certificate of capacity to marry, also known as a CCAM, will be issued by the French authorities.
This Certificate of Capacity to Marry (CCAM) will attest to the French nationality and marital capacity of the French spouse who wishes to marry a Thai national.
This marital capacity is equivalent to confirming the administrative status of single person.
This process of publishing the marriage banns prior to the marriage, followed by the issuance of this Certificate of Capacity to Marry (CCAM), is mandatory for all French nationals who marry in France or abroad at an Embassy, Consulate, or before foreign authorities.
It is important to note that the Thai authorities are fully aware of the process under French law and, therefore, if the marriage takes place in Thailand, the Thai authorities will in any case require the French citizen to present a Certificate of Capacity to Marry (CCAM) in order to celebrate their union, whether it is between two French citizens or between a French citizen and a Thai national.
What documents are required for the two future Franco-Thai spouses?
For a Franco-Thai marriage, it is important to understand the formalities that must be completed by both the French and Thai nationals.
The French national must provide the original copy of their birth certificate, issued within the last three months. It cannot be an extract or a photocopy.
However,
The Thai national must provide a copy of their full and original birth certificate, legalized by the Thai Ministry of Foreign Affairs (MOFA), and translated by one of the Embassy’s certified translators.
Please note that the French authorities emphasize that scanned copies of the legalization are not acceptable. The original MOFA stamp must appear on the birth certificate, and this document cannot be returned afterward.
It is the Thai national’s responsibility to provide a copy if necessary.
They must also provide their birth certificate and any changes to their name or surname after birth. The legalization of these documents is a two-step process.
First, legalization by the Ministry of Foreign Affairs of the country that issued the document.
Then, legalization after translation by the competent French Embassy or Consulate in that country.
An Apostille is a legalization issued solely by the issuing country, generally by the Ministry of Justice.
If the French national is widowed, they must provide a full copy of their deceased spouse’s death certificate. If they are divorced, the divorce must be recorded on their birth certificate, which must be less than three months old.
They must also provide proof of French nationality and recent proof of residence.
French citizens registered with the French Nationals Abroad Register can provide a registration certificate, which can serve as proof of residence.
For Thai citizens, if widowed, a certified copy of the death certificate of the deceased spouse must be provided, and the marriage certificate must also be provided through the same procedure.
In the case of divorce, Thai citizens must provide an original copy of the divorce decree, certified and translated by a translator accredited by the French Embassy in Thailand.
They must also provide proof of identity or a copy of their passport, and a photocopy of their Thai National Residence Certificate (THABIEN BAAN), certified by the Thai Ministry of Foreign Affairs (MOFA) and translated by a certified translator.
It should be noted that the THABIEN BAAN is the official residence registration document in Thailand, mandatory for Thai citizens.
Regarding the Issuance of the CCAM and Marriage with the Thai Authorities
It is important to note that, after the publication of the banns, within four to eight weeks, the French citizen will receive an email informing them that their Certificate of Capacity to Marry (CCAM) will be automatically sent to them in the envelope provided for this purpose when submitting their application.
Please note that the Ministry of Foreign Affairs and the French Embassy remind the public that many Thai municipalities refuse CCAMs issued more than three months prior.
It is therefore recommended not to delay the marriage ceremony after receiving the CCAM. Otherwise, it will be necessary to request a new CCAM from the French Consulate or Embassy.
Please remember that the CCAM is valid for one year with the French authorities.
Although, in practice, the Thai authorities often require that it be dated within the last three months.
It is important to clarify that, once the French citizen receives the Certificate of Capacity to Marry (CCAM), they must complete three further steps with the French authorities in order to be able to marry in Thailand.
First, they must ensure they have a certified copy of their passport, as this will be required by the Thai authorities.
Second, they must provide a certified signature of the French citizen on a sworn statement attesting to their single status.
Indeed, the French citizen must complete a sworn statement of single status in French before arriving at the Embassy, and have it signed by the French citizen.
Subsequently, the French Embassy will certify this sworn statement of single status, confirming that the French citizen is indeed the one who signed the document.
This sworn statement of single status, with signature certification by the French Embassy, is required by the Thai authorities for marriage applications.
Finally, the third step is the certification of the translators’ signatures.
The certified copy of your passport, along with the sworn statement of your single status (on which the French national’s signature has been certified by the French Embassy or Consulate), must be translated by a certified translator.
These three translations must then be certified by the French Embassy.
Regarding the request for transcription of the Thai marriage certificate in the French civil registry
It is important to understand the conditions under which the Thai marriage certificate can be transcribed or registered in the French civil registry.
Thus, the registration or transcription of a Thai marriage certificate at the French Embassy or Consulate subsequently leads to the issuance of a family record book and the updating of the French spouse’s birth certificate.
It is typically within three weeks that the French marriage certificate and family record book are issued and sent to the French citizen in Thailand.
Article written by Laurent Latapie,
Attorney at Law in Fréjus-Saint-Raphaël,
Doctor of Law, Lecturer,
www.laurent-latapie-avocat.fr