Book 5 — Family
Marriage, divorce, prenuptial agreements, parental rights, custody, adoption — updated for the 2024 Marriage Equality Act.
Sections 1435–1598/41
Annotated sections in this Book
- §1435 Engagement — definition Engagement — definition.
- §1436
- §1437
- §1438
- §1439
- §1440
- §1441
- §1442
- §1443
- §1444
- §1445
- §1446
- §1447
- §1447/1
- §1447/2
- §1448 Minimum age for marriage — 18 Marriage requires both parties to be 18 or older. Below that age, a court order is required. The 2024 Marriage Equality Act both raised the…
- §1449 Mental capacity to marry Mental capacity to marry.
- §1450
- §1451
- §1452 Prohibition of polygamy A person who is already validly married cannot enter into another marriage. A second marriage during the first is void.
- §1453
- §1454
- §1455
- §1456
- §1457 Marriage by registration only A marriage takes effect only on registration with the District Office (Amphur). Religious or customary ceremonies alone do not create a legal marriage in Thailand.
- §1458 Marriage requires the free and genuine mutual consent of both persons, declared openly before the Registrar and recorded; absence of consent renders the marriage void.
- §1459
- §1460
- §1461 Duty of mutual support between spouses Spouses must cohabit and support each other according to their condition in life.
- §1462
- §1463
- §1464
- §1464/1
- §1465 Marital property regime — default If spouses do not enter into a prenuptial agreement, their property is governed by the statutory community-of-acquests regime under this Code.
- §1466 Prenup — limits on what can be agreed Prenup terms that contradict good morals or public order, or that purport to govern personal (non-property) relations between spouses, are void.
- §1467
- §1468
- §1469 Prenuptial agreement — formal requirements A prenuptial agreement in Thailand is only valid if (1) in writing, (2) signed by both spouses plus two witnesses, (3) physically attached to the…
- §1470
- §1471 Sin Suan Tua — separate property Property that each spouse owned before marriage, plus inheritances, specifically designated gifts, and personal-use items, is Sin Suan Tua — separate property remaining with that…
- §1472
- §1473
- §1474 Sin Somros — marital property Marital property (Sin Somros) covers everything acquired during the marriage by either spouse, plus income from separate property, plus any gift or inheritance specifically designated…
- §1475
- §1476 Certain major transactions over Sin Somros require joint management or the other spouse's consent; a unilateral act without consent is voidable unless ratified by the…
- §1476/1
- §1477
- §1478
- §1479
- §1480 Acts requiring joint consent over Sin Somros (e.g. disposal of immovable property) done by one spouse alone may be voided by the other within one…
- §1481
- §1482
- §1483
- §1484
- §1484/1
- §1485
- §1486
- §1487
- §1488
- §1489
- §1490 Debts and obligations of Sin Somros Debts incurred for household necessities, for jointly held property, or in the course of professional activity benefiting the family, are Sin Somros debts and may…
- §1491
- §1492
- §1492/1
- §1493
- §1494
- §1495
- §1496 A marriage may only be declared void by a court judgment; until then it is treated as valid. Only the spouses, their parents or descendants,…
- §1497
- §1497/1
- §1498
- §1499
- §1499/1
- §1500 Termination of marriage — modes A marriage in Thailand terminates only by (1) death of a spouse, (2) annulment, or (3) divorce.
- §1501 Marriage is terminated by: (1) death of either spouse; (2) divorce (by consent or court judgment); or (3) court annulment for a cause of voidability.
- §1502
- §1503
- §1504
- §1505
- §1506
- §1507
- §1508
- §1509
- §1510
- §1511
- §1512
- §1513
- §1514 Divorce by mutual consent Spouses may divorce by mutual consent in writing, witnessed by two persons, and registered at the District Office.
- §1515
- §1516 Grounds for divorce Thai divorce is fault-based: there are ten enumerated grounds (adultery, misconduct, serious harm, desertion, imprisonment ≥1 year, voluntary separation ≥3 years, presumption of death, failure…
- §1517
- §1518
- §1519
- §1520
- §1521
- §1522
- §1523 Compensation in divorce for adultery In a divorce granted on grounds of adultery (§1516(1)), the wronged spouse may claim compensation from the spouse who committed adultery and, if joined as…
- §1524
- §1525
- §1526 Maintenance to ex-spouse after divorce After divorce, the court may order one spouse to pay maintenance to the other if that other will be in distress because of the divorce…
- §1527
- §1528
- §1529
- §1530
- §1531
- §1532
- §1533 Upon divorce, Sin Somros is divided equally between the spouses; if one spouse has already received more than their share through prior dispositions, the court…
- §1534
- §1535
- §1536 Presumption of legitimacy A child born during a marriage, or within 310 days after its termination, is presumed to be the legitimate child of the husband.
- §1537
- §1538
- §1539
- §1540
- §1541
- §1542
- §1543
- §1544
- §1545
- §1546 Child born outside marriage A child born to a woman who is not validly married to the biological father is the legitimate child of the mother only.
- §1547 Legitimation by father — three routes A child becomes legitimate when (1) the parents subsequently marry, (2) the father registers acknowledgment of the child with the child's and mother's consent, or…
- §1548
- §1549
- §1550
- §1551
- §1552
- §1553
- §1554
- §1555
- §1556 Parental power Parents jointly exercise parental power over their minor children — determining residence, education, religion, name, and management of property.
- §1557 Joint parental power Joint parental power.
- §1558
- §1559
- §1560
- §1561 Choice of child's name Choice of child's name.
- §1562
- §1563
- §1564 Parents' duty to maintain and educate their children Parents must maintain and educate their minor children. After the child reaches majority, the duty continues only if the child is disabled and unable to…
- §1565
- §1566 Parental power after divorce Upon divorce, the parents may agree on which one exercises parental power; if they cannot agree, the court decides based on the child's welfare.
- §1567 Parental power includes the right and duty to raise and discipline the child, administer the child's property, represent the child in legal matters, and consent…
- §1568
- §1569
- §1569/1
- §1570
- §1571
- §1572
- §1573
- §1574 Parental control of child's property Parents manage the property of their minor children but cannot, without court permission, sell, mortgage, gift, or otherwise dispose of significant assets.
- §1575
- §1576
- §1577
- §1578
- §1579
- §1580
- §1581
- §1582
- §1583
- §1584
- §1584/1
- §1585
- §1586
- §1587
- §1588
- §1589
- §1590
- §1591
- §1592
- §1593
- §1594
- §1595
- §1596
- §1597
- §1598 End of parental power End of parental power.
- §1598/1
- §1598/10
- §1598/11
- §1598/12
- §1598/13
- §1598/14
- §1598/15
- §1598/16
- §1598/17
- §1598/18
- §1598/19 A person may adopt only if they are at least 25 years old and at least 15 years older than the person to be adopted.
- §1598/2
- §1598/20 Adoption of a person aged 15 or over requires that person's own consent; adoption of a minor requires the consent of the minor's father and…
- §1598/21
- §1598/22
- §1598/23
- §1598/24 The person empowered to consent on behalf of a welfare institution (under §§1598/22–23) may themselves adopt a minor in the institution's care, but only with…
- §1598/25
- §1598/26
- §1598/27
- §1598/28 An adopted child acquires the legal status of a legitimate child of the adoptor and has full inheritance and family rights vis-à-vis the adoptor; however,…
- §1598/29
- §1598/3
- §1598/30
- §1598/31
- §1598/32
- §1598/33
- §1598/34
- §1598/35
- §1598/36
- §1598/37
- §1598/38
- §1598/39
- §1598/4
- §1598/40
- §1598/41
- §1598/5
- §1598/6
- §1598/7
- §1598/8
- §1598/9