Firstly this is the definition of marriage in Thailand. This translation should not be seen as legally binding or used as legal advice or guidance. This text has been provided for educational and comprehension purposes and contains no legal authority. See also the law on child legitimation as well as getting divorced and Thai will and testament.
We will assume no responsibility for any liabilities arising from the use and/or reference of this text. Speak to us online or via WhatsApp or application Line for proper legal advice. Finally speak to us if you do not understand how the definition of marriage affects you when getting married.
A husband and wife will cohabit and owe each other maintenance and assistance based on their ability and status.
If the husband and wife cannot live together without negatively affecting them, they may apply for court to live separately. The court will determine the amount of allowances for maintenance by one party to the other.
If the court has adjudicated that a wife or the husband is a quasi-incompetent then the husband or wife will become the guardian or curator. The court can also upon application by another party or a public prosecutor appoint another person if they have substantial grounds.
If a spouse of unsound mind adjudged incompetent or not fails to provide maintenance to the spouse with the unsound mind or acting or failing to act, exposing the spouse with an unsound mind to harm of body, mind or causing undue loss of property. Then a person under **Section 28 of the Act (this can be the spouse; ascendant family, example – father, mother, grandfather or descendant family example their child, grandchild, great-grandchild or others such as the curator; a person taking care of the person; or a public prosecutor) can bring action against the other spouse claiming maintenance or apply to court to bring an order to protect the spouse with the unsound mind.
With this action for maintenance as above, if no court adjudication has been issued, the spouse can make application to court for the appointment as the curator of the person with the unsound mind or have a guardian appointed by the court. There can also be the removal of an existing guardian and the appointment of a new one by the courts.
In the application to the court for an order to protect the spouse of unsound mind without claiming allowances for maintenance, an application for adjudication of incompetence of the spouse of unsound mind or change of the guardian may not be made. However, if the court finds that the protective measures as requested requires a guardian or change of the guardian, the court shall firstly issue orders for similar effects as stipulated in paragraph two and then issue an order of protection as deemed appropriate.
During the court case under Section 1464, the court may make an interim order to maintenance or protection of the unsound spouse and in an emergency, the provisions on the request in an emergency under the Civil Procedure Code shall apply.
Firstly You can find more on the Civil and Commercial Code on this website. Secondly this as well as marriage registration in Thailand as well as the rules for getting married in Thailand which is also in the Civil and Commercial Code rules. Finally for those who are getting engaged in Thailand, the country does have extensive rules for this as well.
** Section 28 has been amended by Section 15 of this Act (1992)
Section 1464 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)
Section 1464/1 has been added by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990)