Void of Marriage under Thai Law

 There are two ways to end a marriage in accordance with Thai family law. Divorce is the most frequent among both Thais and foreigners (see here for Siam Legal's divorce page). However, under specific conditions, Thai courts may also declare a marriage null and void. The Thai Civil and Commercial Code (CCC) Chapter 5 addresses void marriages in Thailand.

The marriage shall be void when it is made against any of the following circumstances, as stated in Section 1495 of the CCC:


  • Either the man or the woman has been found to be mad or incompetent.
  • The man and the lady are full or half blood siblings, or they are directly linked in the ascendant or descendant line.
  • The man or woman is already married to someone else.


  • There was no openly stated consent to be married that the Registrar could find.

In every instance, the marriage cannot be dissolved without a judicial order. A court order nullifying the marriage may be requested by the spouses, parents, or descendants of the spouse. If none of such people exist, any interested party may ask a public prosecutor to get the ruling from the court.

Any interested party may apply directly to the court in the event that one spouse is already married. The court also notifies the marriage registrar of the final verdict once it has issued a judgment declaring the marriage null and void.

A divorce does not establish a property relationship. Any assets either party possesses or acquires before or after the marriage, as well as any offspring, remain that party's property. Unless the court determines it is appropriate and rules differently, all property acquired while married shall be divided equally between the spouses. As a result, the Judge takes into account both parties' obligations to their families, their incomes, and other factors including their status or position in life.

The rights that the party who acted in good faith gained via the marriage are unaffected by the judgment declaring the marriage null and void. If one of the parties is already married, the rights won't be affected until the man or woman learns the reason why the marriage was declared null and void. In all other situations, the rights acquired are not jeopardized until the final judgment declaring the marriage null and void is issued.

In each of such scenarios, the party that behaved in good faith is qualified to request damages. This also covers a request for a living allowance in the event that such a marriage caused the party to become destitute due to insufficient income. Additionally, if one of the spouses is already married, those claims must be filed after two years from the date the final judgment was rendered or after two years from the day the other spouse learned of the existing marriage.

If the marriage is found to be invalid, the parties must come to an agreement regarding who will have parental authority over any children and who would be responsible for paying for their upkeep. If a settlement cannot be reached, the matter will be decided by the court. The spouses should be aware that none of the aforementioned circumstances is present in order to ensure that a marriage won't thereafter be deemed null and void. 

Void of marriage in Thailand can be a complex process especially to foreigners and, therefore, it is recommended that both parties consult with a family lawyer who has the expertise on this matter.


Comments

Post a Comment

Popular posts from this blog

Franchising in Thailand

Thailand has emerged as a lucrative market for franchising, attracting both domestic and international brands. With its growing middle class, increasing disposable income, and a favorable business environment, the country offers significant opportunities for franchise expansion. The Thai Franchise Landscape Robust Growth: The franchising industry in Thailand has witnessed substantial growth in recent years, fueled by the increasing popularity of international brands and a rising entrepreneurial spirit. Diverse Sectors: Franchises in Thailand span various sectors, including food and beverage, retail, education, healthcare, and services. Consumer Preferences: Thai consumers exhibit a strong preference for established brands and standardized products or services, making franchising an attractive business model.     Government Support: The Thai government recognizes the importance of franchising as a job creator and economic driver, providing supportive policies and initiat...
Read more

Thailand Travel Restrictions

Thailand has significantly relaxed its travel restrictions in recent months, making it easier for visitors to experience the "Land of Smiles." Here's a summary of the current entry requirements: No Pre-Travel Requirements: Vaccination: Not mandatory. COVID-19 Testing: Not required before arrival. Thailand Pass: No longer needed. Visa Exemptions: Many nationalities are eligible for visa-free entry for tourism purposes, typically for stays up to 30 days. Check with the Thai Embassy or Consulate in your country for specific visa requirements. On Arrival: Health Screening: Minimal health checks may be conducted at airports. Face Masks: While not mandatory in most settings, wearing a mask is still recommended in certain places like hospitals and public transportation. Important Notes: Visa Requirements: Visa regulations can change. Always check the latest information from the Thai Embassy or Consulate before your trip. Travel Insurance: While ...
Read more

US-Thailand Treaty of Amity

The Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America, signed in 1966, stands as a cornerstone of the enduring economic relationship between the two nations. Far from a mere diplomatic nicety, this treaty grants significant, reciprocal privileges that fundamentally alter the landscape for U.S. investors in Thailand, offering an unparalleled level of access and protection that is unique among non-treaty nations. Understanding its intricate provisions and practical implications is crucial for any U.S. entity contemplating a significant commercial presence in Thailand. The Genesis and Reciprocal Spirit The 1966 Treaty of Amity superseded a prior agreement from 1937, reflecting the evolving economic realities and a mutual desire to foster closer commercial ties in a post-World War II globalized environment. Its core philosophy is one of reciprocity and national treatment . While often viewed through the lens of benefits for U.S. bus...
Read more