Thai Marriage – Civil & Commercial Code

Thai Marriage – Civil & Commercial Code

getting married in thailand

 

Firstly Thai marriage is explained. The Civil and Commercial Act covers the rules and regulations for most family laws in Thailand. This is a very rough translation of the Act and is done for comprehension purposes so that foreigners can understand and compare the Act to the rules in their home country. This is about getting married 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. 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 for more advice.

 

Section 1448

You must have reached the age of 17 or the court with good reason can allow the marriage. The marriage is also between a male and a female-only.

Section 1449

The parties cannot be of unsound mind or judged incompetent by the courts.

Section 1450

A male and female who are blood relatives in the direct ascending or descending line or who are siblings of whole blood or half-blood may not be married to each other. The term ‘relative’ shall be defined by blood relation, regardless of its legitimacy.

Section 1451

The adopter and the adopted child cannot get married.

Section 1452

The parties cannot get married if one has a spouse.

Section 1453

A woman who has been widowed or divorced cannot get married within 310 days afterward unless:

  1. Unless a child was born during this period
  2. If she is going to marry the same spouse
  3. She has a medical certificate from a doctor to state that she is not pregnant
  4. There is a court order allowing the marriage

Section 1454

If it is a minor getting married then Section 1436 of the Civil and Commercial Code will apply.

Section 1455

The consent to marriage can be given when:

(1) By signing the register at the time of registration of the marriage;

(2) Also by a letter of consent with the names of both parties and the person giving consent;

(3) Verbal consent witnessed by two people in a case of necessity.

The consent cannot be revoked.

Section 1456

If nobody can give consent then a court may grant consent.

Section 1457

Marriage can only be effected when the marriage is registered.

Section 1458

Marriage can only take place when both parties have expressed their will to get married and be husband and wife in the presence of the registrar. This then has to be recorded accordingly.

Section 1459

A Thai person or persons getting married overseas under the laws of the country as well as Thai law can register their marriage at a Thai Embassy or Consulate. The passage does state “the form prescribed by Thai law or the law of such country” however this needs a deep look as gay marriage may be applicable in certain countries but not in Thailand.

Section 1460

This covers marriage registration in special circumstances. This is similar to Section 14 of the Family Registration Act (1935). When one of both of the parties are in imminent danger or war. If they express their intent to get married in front of an adult as a witness. The person will note this for evidence. When the male or female registers the marriage within 90 days of the first possible date. The day, month, year, and location will be noted for the registration. The said date will be recorded as the date of the marriage. The marriage registration will be void if at that date and time of intent to get married could have been registered.

 

See the other Chapters on the Civil and Commercial Code