If you are getting divorced in Thailand then there are a number of options. The first being a voidable marriage being a marriage that occurred under duress or by means of fraud which requires an annulment. The other option is a normal divorce where you simply wish to divorce and there had been no issues about the marriage from the start. This is about an annulment and voidable marriage in Thailand which has become an issue over the past few years in Thailand. Note that the property rights in a void marriage are discussed on another page.
Divorce in Thailand falls under the Civil and Commercial Code of Thailand which determines what constitutes a marriage and also under which circumstances a divorce may take place. Voidable marriages are marriages which had occurred under one of the following circumstances:
|1.||The person you married was insane or mentally handicapped at the time of marriage;|
|2.||The person you married is closely related to you such as your sister;|
|3.||The person you married was already married at the time of your marriage;|
|4.||The person was forced to get married to you;|
|5.||The person you married is not the same person you thought you married;|
|6.||The person you married was under the age of 17 years of age at marriage.|
If you have a voidable marriage then not only you can apply to have the marriage rescinded but a parent, your spouse or a descendant may also apply to court to have this done. The following would be examples of individual cases where this may occur:
|1.||You met a woman online, moved to Thailand and got married to her. You find out after the marriage that she is insane and that she might have been declared insane before you had married her. You or her parents may apply to court to have the marriage set aside.|
|2.||You married a close relative which is prohibited in Thailand such as getting married to your half-sister which you did not know she was when you met her. Both of you can apply to have the marriage set aside.|
|3.||You met a woman via a dating service, got married to her and only found out later that she is already married. You can have this marriage declared void.|
|4.||Most common in Asia is the issue of forced marriages. You met someone and married her only to find out later that she was forced to marry you by her parents. She can apply to have the marriage set aside and declared void.|
|5.||You get married in Thailand and only later find out that your wife is not the same person you spent the last 5 years talking to online but her twin sister. You can apply to court to have this marriage declared void as there has been confusion as to the identity of the person you got married to.|
|6.||You got married to a woman and only found out after the marriage that your wife was born a man and had an operation. You can also apply to court to have the marriage declared void as there are no same sex marriages allowed in Thailand.|
|7.||You married a woman who was not 17 years of age at marriage. If you find yourself in this situation then it is best to approach an attorney as this type of marriage can become very complicated as it may also get you arrested depending on the true age of the woman.|
If you find yourself in any of these positions as listed above then you need to speak to a lawyer in Thailand who will be able to assess the situation and provide you with the most cost effective legal solution for your divorce or application to have the marriage declared void in Thailand. If you have any questions regarding the above then email us for more information.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.