Is the marriage should be registered?

'Should the marriage be registered?' Should be the question of many people who are planning a wedding. In fact, marriage is not mandatory for marriage registration, meaning that marriage registration depends on both parties' willingness. So how do we decide? First of all, we have to look at the advantages. Disadvantages of first marriage registration

marriage-certificate

The point

Registered Marriage 

Unregistered Marriage

1. Legal rights

  • Mutual support
  • The right for the wife to use the surname of the husband and can change the nationality according to the husband (Or not changing)
  • The right to receive inheritance if the other party first passes (Being a statutory heir in inheritance)
  • The right to be jealous of the spouse legally. If having an affair, can sue for damages from the spouse and adultery.
  • If divorced have the right to claim alimony
  • Right to sue for damages Or be able to replace each other
  • Have the right to receive compensation. Or compensation from the government In the event of death and disability
  • Cannot claim any rights under the law
  • No inheritance rights Except having the name as the heir according to his will (Wills specify to inherit)

2. Property

  • Marriage property (Sin Somros) is the revenue, property that occurs after marriage. Including the fruits of personal property Each of which has the power to manage the Sin Somros by oneself No need to ask permission from each other Unless it is a matter that affects the family's economic security As provided by law Must obtain the consent of the other party first
  • Each party has rights in half of 
  • If able to prove that there is a living husband and wife Have the property resulting from doing it together Will be considered joint rights in that property With a right of half of property But if the other party does not agree to divide the property May have to sue (and must find evidence to confirm)

3. Doing various legal acts

  • Must obtain spouse's consent causing complications in property management
  • If it is a juristic act relating to property having joint rights Must also have consent But if it is a personal act No need to ask for consent

4. Liabilities

  • Personal debt. Use personal loans first. If not enough, then use the Sin Somers on their part
  • Common debt (marriage debt). Creditors have the right to demand payment from the Sin Somers. If not enough to pay the debt Creditors can call from the personal assets of both parties.
  • If there are debts arising out of doing so together Use eligible assets to pay together
  • If it is personal debt Is a personal burden

5. Children

  • Children will be legitimate children of both parents.
  • In the case of the rights of claims recipients under the law Father or mother Have the right to claim compensation for compensation for each other, for example, receive compensation in the case of minors Have father or mother Who is still alive
  • Being the statutory heir of both father and mother
  • Parents are also the statutory heirs of children.
  • Children will be children that are legal children of the mother only And will not be able to sue for alimony from his father Unless the father has registered the child Or endorsed by circumstances (glorifying the surname Child care) will have the right to inherit as the statutory heir of the father. And can support alimony (But father has no right to inherit from children Because not a legal father)

6. Tax deduction

  • Spouse allowance reduction *
  • Deducting the parents of the spouse *
  • Deducting spouse's life insurance *
  • Deducting health insurance for parents, spouses *
  • Child allowance
  • Have the right to choose to file a separate form or combine form with spouse for proper tax planning

   *In the case of filing or spouse has no income

  • Cannot be used with reduced rights

6. Benefits from life insurance policies

  • Annuity cash back, dividends, and contract term from life insurance policies are considered Sin Somers.
  • If being a beneficiary of a life insurance policy, such as parents, having life insurance and allow the spouse to be the beneficiary. If the parents were to die, benefits obtained from the policy are considered personal property.
  • Regarded as private property

7. When one wants to break up

  • Must register to divorce Which if the other party does not agree Have to sue
  • Can break up immediately

In summary, love is not in the marriage certificate or the law, but in the heart of the lover. Does marriage registration be good for us? Is in the dialogue of both parties and their understanding of the roles and responsibilities of each party and find mutual agreement based on family happiness would be better

 

By :  Niphan Phunsathiensup  CFP®  Independent financial planners Writers and speakers