Chapter II: Conditions of Marriage
Section 1448. A marriage can occur only when the man and woman have finished their seventeenth year of age. But the Court may, in case of having appropriate reason, permit them to marry before attaining such age.
Section 1449. A marriage cannot occur if either the man or woman is an insane person or adjudged incompetent.
Section 1450. A marriage cannot occur if the man and woman are blood relations in the direct ascendant or descendant line, or brother and sister of full or half blood. The said relationship shall be in accordance with blood relation without regard to its legitimacy.
Section 1451. An adopter cannot marry the adopted.
Section 1452. A marriage cannot occur if the man or woman is already married to another person.
Section 1453. In case of the woman whose husband died or whose marriage has been terminated, the marriage can only occur if no less than three hundred and ten days have elapsed since the termination of her previous marriage; unless
- A child has been born during this period
- The divorced couple remarry
- There is a certificate issued by a qualified doctor who is a lawful physical practitioner in medicine showing that the woman is not pregnant;
- There is an order of the Court granting permission for the woman to marry.
Section 1454. In case of marriage of a minor, the provisions of Section 1436 shall apply mutatis mutandis.
Section 1455. Providing consent that the marriage may be made:
- By written signature of the person providing consent in the Register at the time of registration of the marriage;
- By a consent document stating the names of the parties to the marriage and signed by the person providing consent;
- By verbal declaration before at least two witnesses in case of necessity.
The consent having been given cannot be revoked.
Section 1456. In case where there is no person possessing the power to provide consent under Section 1454, or if the person refuses to provide consent or is in the position of being unable to provide consent, or the minor cannot, in such circumstances, ask for the consent, the minor may file an application with the Court to provide consent for the marriage.
Section 1457. Marriage under this Code shall be effected only on registration being submitted.
Section 1458. A marriage can occur only if the man and woman agree to take each other as husband and wife, and such agreement must be stated publicly before the Registrar in order to have it recorded by the Registrar.
Section 1459. A marriage in a foreign country between Thai people or between a Thai and a foreigner may be enacted according to the form prescribed by Thai law or by the law of the country where it takes place.
If the spouses would like to have the marriage registered according to Thai law, the registration shall be effected by a Thai Diplomatic or Consular Officer.
Section 1460. In case where there exists unique circumstances that cause the marriage registration by the Registrar unable to be effective because either or both of the man and woman were in imminent danger of death or in the state of armed conflict or war, if a statement of intention to marry has been made by the man and woman before a person of sui juris living there, who would have noted down as evidence such intention, and if the registration of marriage between the man and woman was effected thereafter not later than ninety days as from the date of first possible opportunity to apply for registration of marriage with providing the evidence of the intention in order to have the date and place of statement of intention to marry and the unique circumstances recorded by the Registrar in the Marriage Register, the day on which statement of intention to marry has been made to the said person shall be deemed as the date of registration of marriage.
The provisions of this Section shall not apply to the marriage that is void if it should take place on the date of statement of intention.
Chapter III: Relationship of Husband and Wife
Section1461. Husband and wife shall cohabit as husband and wife. Husband and wife shall provide for and support each other according to his or her ability and condition in life.
Section 1462. Where the physical or mental health or happiness of either spouse is greatly imperiled by continuance of cohabitation, the spouse so imperiled may apply to the Court for authorization to live separately while the danger persists; and in such case, the Court may order such amount of maintenance to be provided by one of the spouses to the other as may be proper according to the situation.
Section 1463. If one of the spouses is adjudged incompetent or quasi-incompetent, the other becomes guardian or curator by operation of law. But on application of any interested individual or Public Prosecutor, the Court may on substantial grounds, appoint another person as guardian or curator.
Section 1464. If one of the spouse becomes insane, irrespective of whether he or she has been adjudged incompetent or not, and the other fails to provide proper care to the insane spouse under Section 1461 paragraph two, does or fails to do any thing to the extent that it puts the insane spouse into the position which is likely endangering the latter’s body or mind, or causing any undue loss to the latter’s property, the persons as specified in Section 28 or the guardian may enter an action against the other claiming maintenance for the insane spouse, or apply for any order of the Court for protection of the insane spouse.
If, in case of entering the action for maintenance under paragraph one, no order has yet been provided to effect the insane spouse to become an incapacitated person, an application shall be submitted to the Court in the same case for an order effecting such insane spouse to be an incapacitated person and to appoint the applicant himself or herself as the guardian. If such order effecting the incapacitated person or the insane spouse has been given, an application for removal of the old guardian and appointment of a new one can be submitted.
In applying for any order of the Court for protecting the insane spouse without claiming maintenance, the applicant may not ask the Court to order effecting the insane spouse to be an incapacitated person or to change the guardian. If the measures for protection as requested, in the opinion of the Court, requires an appointment or change of the guardian, the Court shall firstly give an order effecting the carrying out of similar activities as provided in paragraph two, and then issue a protection order as it is deemed suitable.
Section 1464/1. During the Court trial under Section 1464, the Court may, upon request, determine any temporary measures having to do with the maintenance or protection of the insane spouse as it is deemed suitable. If it is a case of emergency, the provisions on the request in case of emergency under the Civil Procedure Code shall apply.
Related Articles:
Marriage in Thailand
International Divorce Cases and Prenuptial Agreements
Prenuptials and Divorce in Thailand
Marriage and Divorce in Thailand: When Love Turns Deadly
Thai Supreme court ruling: Marriage Agreement
Related Documents:
US Uniform Premarital Agreement Act
Prenuptial Agreements and Marital Assets Law of Thailand
Divorce Code of Thailand
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