In a historic and momentous decision the Thai Senate gave the final approval last week to passing the Marriage Equality Act, which will allow same sex marriage amongst other legal changes in Thailand. The Pattaya News covered this decision HERE.
Today, on behalf of our legal partners with Issan Lawyers, we will take a look at what these changes mean as many expats and foreigners now are asking questions about changes to marriage visas to allow same sex visas and more.
What happened?
Thailand’s Senate has taken a significant step by approving the Marriage Equality Act, making it the first country in Southeast Asia and the third in Asia (after Taiwan and Nepal) to allow same-sex marriage. Here are the next legal steps:
1. Royal Endorsement: The bill now awaits formal endorsement from His Royal Majesty King Maha Vajiralongkorn. Once endorsed, it will be published in the Government Gazette.
2. Effective Date: Within 120 days of publication in the Gazette, the law will become effective, granting full legal, financial, and medical rights to marriage partners of any gender.
What will change legally?
With the recent approval of the Marriage Equality Act in Thailand, several legal regulations will change to promote inclusivity and equal rights for all couples, regardless of gender:
1. Marriage Definition: The law redefines marriage as a partnership between two individuals, rather than specifying gender. This change replaces gender-specific terms like “husbands” and “wives” with gender-neutral terms like “spouse” and “person.”
2. Equal Rights: Married couples, regardless of their gender, will now enjoy equal rights in areas such as:
– **Inheritance**: Both partners can inherit property from each other.
– **Healthcare**: They can give medical treatment consent for an incapacitated partner.
– **Marital Tax Savings**: LGBTQ+ couples will have the same tax benefits as heterosexual couples.
3. Civil and Commercial Code Amendment: The legislation will modify the country’s Civil and Commercial Code by replacing gender-specific language with gender-neutral terms.
What about Marriage Visas? Will these change?
Yes, in a nutshell, to allow same sex couples to get a visa, although the process to get a visa will be roughly the same.
To qualify for a Thai Marriage Visa, you’ll need to meet the following requirements:
1. **Marriage to a Thai National**: You must be married to a Thai citizen. This can be proven through a **Marriage Certificate** (Kor Ror 3) or a **Marriage Registration** (Kor Ror 2).
2. **Proof of Residency**: Provide evidence of residency in Thailand (either your address or your spouse’s).
3. Financial Requirements:
– Maintain a deposit of at least 400,000 THB in a Thai bank account for at least 2 months.
– Alternatively, demonstrate a monthly income of 40,000 THB, verified by a letter or affidavit from your embassy.
4. **Additional Documents (if applicable)**:
– For some countries, an **Affirmation of Freedom to Marry** document may be needed (obtainable from your embassy in Thailand).
– English-translated versions of required documents if not originally in English.
Remember, if you and your Thai partner got married overseas, you’ll need to provide a **Kor Ror 22 (Registration of Family Status)** document. Once you meet these conditions, you can begin the application process to convert your 90-day non-immigrant visa into a 1-year Thai marriage visa.
