Section 1458 — Consent of the two persons marrying
Statutory text (Thai original)
การสมรสจะทำได้ต่อเมื่อบุคคลสองคนยินยอมเป็นคู่สมรสกัน และต้องแสดงการยินยอมนั้นให้ปรากฏโดยเปิดเผยต่อหน้านายทะเบียนและให้นายทะเบียนบันทึกความยินยอมนั้นไว้ด้วย
Verbatim from the Royal Gazette / Office of the Council of State
English translation
A marriage may be made only when two persons consent to be spouses of each other, and that consent must be declared openly before the registrar, who shall record it.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
Section 1458 is part of Book 5 (Family) of the Thai Civil and Commercial Code. This entry is awaiting firm-authored commentary; the statutory text above is verbatim from the Office of the Council of State (OCS Krisdika) Thai source, with the English translation from the FAO/UN FAOLEX repository. Always rely on the Thai original for legal proceedings.
Why this matters in practice
For lawyers: a marriage registration where one party impersonated the other or did not genuinely consent is voidable under §1496; only the spouse, parents, or descendants may petition. For clients: signing the register under duress or by fraud means the marriage can be annulled — consult a lawyer immediately.
Legislative history
Amended by the Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025: the original text referring to 'a man and a woman' agreeing to become 'husband and wife' was replaced with gender-neutral language ('two persons' / 'คู่สมรส'), making mutual consent the operative requirement regardless of gender.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 5280/2544 (2001)
Absence of genuine consent due to impersonation renders a marriage voidable, not automatically void — a court judgment is required.
A marriage registered under the name of another person without that person's consent violates §1458 and is voidable under §1495–1496; only the spouse, parents, or descendants may petition the court to declare it void.
-
Supreme Court Judgment No. 3898/2548 (2005)
Standing to challenge a marriage for lack of consent is limited to the spouse, parents, descendants, or the public prosecutor.
Only a spouse, parent, or descendant of a spouse may petition a court to declare void a marriage that violates §1458; a third party without such standing cannot make such a request.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 12 Supreme Court decisions (1976 to 2025)
Selected citing decisions
- Decision 1541/2568 (2025)
- Decision 10442/2558 (2015)
- Decision 4027/2548 (2005)
- Decision 3898/2548 (2005)
- Decision 5351/2545 (2002)
- Decision 1067/2545 (2002)
- Decision 5280/2544 (2001)
- Decision 1127/2536 (1993)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics.
Related guides on ThaiLawOnline
Cite this section
-
Plain citation
Civil and Commercial Code, s. 1458 (Thailand) -
Academic citation
Civil and Commercial Code (Thailand), s. 1458. ThaiLawOnline, https://www.thailawonline.com/thai-civil-code/section-1458/ (accessed 8 August 2026). -
Thai citation
ป.พ.พ. มาตรา 1458 -
Permalink
https://www.thailawonline.com/thai-civil-code/section-1458/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-civil-code/section-1458/"><p>A marriage may be made only when two persons consent to be spouses of each other, and that consent must be declared openly before the registrar, who shall record it.</p><footer>Civil and Commercial Code, s. 1458 (Thailand) — <a href="https://www.thailawonline.com/thai-civil-code/section-1458/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.