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FAMILY LAW OF THAILAND

By Wimolsiri Jamnarnwej

(5) Consent

The law requires the consent of the man and the woman to take each other as husband and wife. Such consent must be openly give before the registrar and the registrar shall take note of such agreement in writing.⁽¹⁹⁾

Arranged marriages contrary to the consent of the man and the woman are void.

(6) Foreign Marriage

Thai family law recognizes a marriage in a foreign country between Thai citizens or a Thai citizen to a foreigner if the marriage follows the from prescribed by Thai law or by the law of the country where it takes place.

If the married couple desire to register their marriage according to Thai law, such registration shall be effected by a Thai Diplomatic or Consular Officer.⁽²⁰⁾

DISSOLUTION OF MARRIAGE

Marriage is terminated by death, divorce, or the cancellation of the court.⁽²¹⁾

A violable marriage will be terminated by annulment of the court upon the request of the interested party within a certain period, prescribed by law, on these grounds:⁽²²⁾

(1)

The man or the woman is under seventeen years old.

(2)

The marriage is performed on account of mistaken identity of the spouse.

(3)

The marriage is performed on account of fraud by either spouse.

(4)

The marriage is performed on account of duress of either spouse, when, without such duress, the marriage would not have been contracted.

(5)

Either spouse is a minor contracted the marriage without the written consent of his or her parents at the time of registration of the marriage.

DIVORCED MAY BE EFFECTED BY⁽²³⁾

(1)

Mutual consent which is made in writing, certified by signatures of at least two witnesses, and evidenced by registration of the written agreement at the office of the District Officer.

(2)
Judgment of the court.

Part 4

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(19) Civil and Commercial Code, Article 1458.
(21) Civil and Commercial Code, Article 1501.
(22) Civil and Commercial Code, Article 1503.
(23) Civil and Commercial Code, Article 1514.

(1)	The man or the woman is under seventeen years old.
(2)	The marriage is performed on account of mistaken identity of the spouse.
(3)	The marriage is performed on account of fraud by either spouse.
(4)	The marriage is performed on account of duress of either spouse, when, without such duress, the marriage would not have been contracted.
(5)	Either spouse is a minor contracted the marriage without the written consent of his or her parents at the time of registration of the marriage.

(1)	Mutual consent which is made in writing, certified by signatures of at least two witnesses, and evidenced by registration of the written agreement at the office of the District Officer.
(2)	Judgment of the court.