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Firstly this is how annulment in Thailand works. 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. 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 our family lawyer in Bangkok if you do not fully understand how annulment and property in Thailand compares to your country. You can also the other Chapters in the Civil and Commercial Code in the country.
The marriage will only be void as provided for by this Chapter.
If marriage was made in violation of Section 1449, Section 1450, Section 1452, and Section 1458 then it will be void.
Only the judgment from a court will be an indication that the marriage made in violation of Section 1449, Section 1450 and Section 1458 is void.
Those who can apply to the court for nullification would be the spouse or the parents or descendent of the spouse. If there is nobody such as this then any person may ask a prosecutor to file the application.
This section allows anyone to apply to court for a judgment to nullify a marriage that is void in terms of Section 1452. (You will note the difference between this and Section 1496)
The court will notify the registrar after judgment to record the nullity of the marriage.
The void marriage will not create a relationship between the parties to the property.
Where the marriage is void, the property and fruits of the property before or after the marriage will remain their property. The property jointly earned will be divided equally unless a court rules otherwise. The court will take into account obligations as well as earnings as well as their social status.
When the marriage is void as it violates Section 1449, Section 1450, or Section 1458 it will not prejudice the rights of either party who has entered the marriage in good faith when the property was acquired through the marriage before the final judgment of nullity of the marriage.
The marriage violating Section 1452 will not prejudice the rights of either party who got married in good faith and acquired through the marriage before either party knew the cause of the nullity of the marriage. This void marriage will not allow any spouse to inherit (See: Last Will and Testament as well as Notary Public in Bangkok) in the capacity of a legal heir of the other spouse.
When the marriage is void due to Section 1449, Section 1450, or Section 1458 or Section 1452, if any spouse entered the marriage in good faith, then such person will be entitled to claim compensation. If such party now has insufficient income or property then they would be entitled to claim a living allowance. The living allowance will be governed by Section 1526 paragraph one and Section 1528.
The right to claim compensation or living allowances will be two years from the date of final judgment where there was a marriage that is void in terms of Section 1449, Section 1450, or Section 1458 or this from the date on which the cause of nullity of the marriage was known. Then again in the case of a marriage that is void due to violation of Section 1452.
Where there is the case of nullity of marriage, the parties can reach an agreement as to parental power over the children as well as allowances for maintenance for the children. This was well as the amounts will be in writing. If this agreement cannot be reached then the courts will decide. If the courts consider that there is a cause to forfeit the parental power of the spouse under Section 1582. The courts can appoint a third party as the children’s guardian. The court will take into account the best interests of the children and the provision of Section 1521 shall apply, mutatis mutandis.
The void marriage will not affect the rights of third parties acting in good faith, acquired before the nullity of the marriage has been recorded on the marriage register under Section 1497/1.
Section 1495 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990).
Section 1496 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990).
Section 1497 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990).
Section 1497/1 has been added by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990).
Section 1498 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990).
Section 1499 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990).
Section 1499/1 has been added by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990).
Section 1500 has been amended by the Civil and Commercial Code Amendment Act (No. 10), B.E. 2533 (1990).