Book 5: Family
Marriage, divorce, prenuptial agreements, parental rights, custody, adoption — updated for the 2024 Marriage Equality Act.
Sections 1435 to 1598/41
Annotated sections in this Book
- §1435 Minimum age for a betrothal Engagement, definition.
- §1436
- §1437 Khongman and sinsod
- §1438
- §1439 Breaking off a betrothal
- §1440 What compensation may be claimed
- §1441 Death of a betrothed party
- §1442 Renouncing for a cause on the betrothed side
- §1443 Renouncing for a cause on the betrothing side
- §1444
- §1445 Compensation from a third party
- §1446 Compensation where the betrothed is raped
- §1447
- §1447/1 Time limits for betrothal compensation claims
- §1447/2
- §1448 Minimum age to marry 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 Prohibited degrees of relationship
- §1451
- §1452 No marriage while already married A person who is already validly married cannot enter into another marriage. A second marriage during the first is void.
- §1453 The 310 day waiting period
- §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 Consent of the two persons marrying 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 Marriage in danger of death or in war
- §1461 Duty to live together and maintain Spouses must cohabit and support each other according to their condition in life.
- §1462 Court order to live apart
- §1463 Spouse as guardian or curator
- §1464 Maintenance and protection of a spouse of unsound mind
- §1464/1
- §1465 Default marital property regime 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 Avoiding an agreement made between spouses 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 Marital property defined
- §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 spouse.
- §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 Adding a spouse's name to the title document
- §1476 Acts needing both spouses' consent 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 Varying the management rules by prenuptial agreement
- §1477 Suing to protect the marital property
- §1478
- §1479 Consent must be in writing
- §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 No will over more than your own share
- §1482 Household management where one spouse manages the property
- §1483 Injunction against a damaging act of management
- §1484 Taking over or separating the marital property
- §1484/1 Revoking a restriction on management
- §1485 Applying to manage a particular item
- §1486 Entry of the court's order in the marriage register
- §1487 No seizure of a spouse's property during the marriage
- §1488 Paying a spouse's personal debt
- §1489 Paying a joint debt
- §1490 Which debts are joint debts 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 Bankruptcy separates the marital property
- §1492 Effect of separating the marital property
- §1492/1 Revoking the separation of marital property
- §1493 Household expenses where there is no marital property
- §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 No property relationship from a void marriage
- §1499 Rights of a person who married in good faith
- §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 Annulment of an underage marriage
- §1505
- §1506
- §1507
- §1508 Annulment for mistake, fraud or duress
- §1509
- §1510 Annulment for want of consent
- §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 Registration of a consensual divorce
- §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 Consent, connivance and trivial breaches
- §1518
- §1519 Divorce where a spouse is of unsound mind
- §1520 Parental power after divorce
- §1521
- §1522 Child maintenance after divorce
- §1523 Compensation on 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 Temporary orders during a divorce case
- §1531
- §1532 Dividing property on divorce
- §1533 Marital property divided equally 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 Child born after a remarriage in breach of Section 1453
- §1538 Legitimacy where a second marriage is void
- §1539 Action to repudiate a child
- §1540
- §1541 Barred from repudiating a child he registered
- §1542 Time limits to repudiate a child
- §1543 Substitution where the claimant dies
- §1544 Repudiation by an affected heir
- §1545 Child denying legitimacy through the prosecutor
- §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 Objection to registration of legitimation
- §1552
- §1553
- §1554
- §1555
- §1556 Who may bring an action for legitimation 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 Acknowledgement of the management of a minor's property
- §1581
- §1582
- §1583
- §1584
- §1584/1
- §1585
- §1586
- §1587
- §1588
- §1589
- §1590
- §1591
- §1592
- §1593
- §1594
- §1595
- §1596
- §1597
- §1598 Ward acquiring valuable property during guardianship End of parental power.
- §1598/1
- §1598/10
- §1598/11
- §1598/12
- §1598/13
- §1598/14
- §1598/15 Spouse as guardian, rights and duties
- §1598/16
- §1598/17 Outside guardian managing the marital property
- §1598/18 Rights and duties of a curator
- §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 to 23) may themselves adopt a minor in the institution's care, but…
- §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 Termination of adoption
- §1598/32
- §1598/33
- §1598/34
- §1598/35
- §1598/36
- §1598/37 Parental power after the adopter dies or the adoption ends
- §1598/38 Claiming maintenance
- §1598/39
- §1598/4
- §1598/40
- §1598/41
- §1598/5
- §1598/6
- §1598/7
- §1598/8
- §1598/9