The Divorce Code of Thailand
The Divorce Code of Thailand
(The Civil and Commercial Code of Thailand, Book 5)
Chapter V: Void of Marriage and Chapter VI: Termination of Marriage
Section 1494. The marriage will be void only as outlined in this Chapter.
Section 1495. The marriage which is made against Section 1449, Section 1450, Section 1452 and Section 1458 shall be void.
Section 1496. It is only a judgment of the Court that effects the void of the marriage which is made against Section 1449, Section 1450 and Section 1458.
The spouses, parents or descendents of the spouses may apply for a judgment of the Court effecting the void of the marriage. If there is none of the said persons, any interested person may ask the Public Prosecutor to apply to the Court for such judgment.
Section 1497. Any interested person may allege or apply for a judgment of the Court effecting that the marriage made against Section 1452 is void.
Section 1497/1. In case there is a final judgment of the Court effecting the void of any marriage, the Court shall alert the Marriage Register of the matter in order to have it entered in the Marriage Register.
Section 1498. The void of marriage will not create property relation between husband and wife.
In case the marriage has been adjudged void, the property owned or acquired by either party before or after the marriage as well as the fruits thereof remain as that party’s property. As for the property jointly earned, they shall be divided equally unless the Court deems it proper and orders otherwise by taking into consideration the obligation in the family and salaries of both parties as well as their n life, including all other circumstances.
Section 1499. The marriage adjudged void as being against Section 1449, Section 1450 or Section 1458 shall not prejudice the right obtained through such marriage before stating the final judgment effecting the void of the marriage by the party who had married in good faith.
The marriage adjudged void as being against Section 1452 shall not prejudice the right acquire through such marriage before the cause the makes the marriage void is known to the man or woman. But the said marriage shall not make one spouse become a statutory heir of the other and have the right of inheritance to the other spouse.
In case of the marriage adjudged void as being against Section 1449, Section 1450, Section 1458 or Section 1452, if one party only acted in good faith, such party may claim compensation. However, if such marriage makes the party in good faith become destitute deriving insufficient income out of his or her property or business which used to be carried on before pronouncing the final judgment to effect the void of the marriage, or before the void of his or her marriage becoming known, as the case may be, that party can also claim living allowances, and the provisions of Section 1526 paragraph one and Section 1528 shall apply to the claim for living allowances in this case, mutatis mutandis.
The prescription for claiming compensation or living allowances under paragraph three shall be two years from the date of stating the final judgment to effect the void of the marriage in case of the marriage made against Section 1449, Section 1450 or Section 1458, or from the day when the void of his or her marriage becoming known in case of the marriage made against Section 1452.
Section 1499/1. In case of the marriage adjudged void, the accordance between spouses as to which party to hold the parental authority over any child, or either party or both of them to be responsible for any amount of contribution of the maintenance of the child shall be made in writing. If the accordance cannot be reached, the Court shall make decision on the matter. In making such decision, if there are grounds for depriving that spouse of the parental power under Section 1582, the Court may grant an order depriving that spouse of the same and appoint a third person as a guardian by taking into consideration the happiness and interest of the child, and the provisions of Section 1521 shall apply, mutatis mutandis.
Section 1500. The marriage adjudged void shall not prejudice the rights gotten by third person acting in good faith before entering the void of the marriage into the Marriage Register under Section 1497/1.
Chapter VI: Termination of Marriage
Section 1501. Marriage is terminated by death, divorce or being annulled by the Court.
Section 1502. A voidable marriage terminates upon annulment decided by judgment of the Court.
Section 1503. An application to the Court for annulment of marriage on the grounds that it’s voidable shall be made only in the case where the spouses have not complied with Section 1448, Section 1505, Section 1506, Section 1507 and Section 1509.
Section 1504. An interested person other than the parents or guardian who have given their consent to the marriage is entitled to apply for cancellation of the marriage on the grounds of its voidability.
If the Court has not annulled the marriage until both man and woman have completed the age required under Section 1448 or if the woman has become pregnant before such completion, the marriage shall be deemed to be valid from the time it was made.
Section 1505. A marriage which is made on account of mistake as to the identity of the other spouse shall be deemed voidable.
The right to apply for termination of marriage on account of mistake as to the identity of the spouse shall be ended after the lapse of ninety days from the date of marriage.
Section 1506. A marriage is voidable if it is made by the spouses on account of fraud to such an extent that without it the marriage would not have been made.
The provisions of paragraph one shall not apply to the case where the other spouse has not known the fraud committed by a third person.
The right to apply for termination of the marriage on account of fraud shall be cancelled after the lapse of ninety days form the day on which the spouse has known or should have known of the fraud, or after the lapse of one year from the date of marriage.
Section 1507. A marriage is voidable if it is made by the spouses on account of duress to such an extent that without it the marriage would not have been made.
The right to apply for termination of the marriage on account of duress shall be cancelled after the lapse of one year from the day on which the spouse is free from duress.
Section 1508. Where the marriage is voidable on account of mistake as to the identity of the spouse, fraud or duress, only the spouse who mistook the identity of the other, or was induced by fraud or duress to enter the marriage agreement may apply for the termination of such marriage.
In case where the person entitled to apply for the cancellation of the marriage has been deemed incompetent, the person who may apply to the Court for an order effecting an insane person to be an incapacitated person under Section 29, may also apply for the termination of such marriage. Where the person entitled to apply for the termination of the marriage is an insane person not yet adjudged incompetent, the stated person can apply for the termination of such marriage but must apply concurrently to the Court for an order effecting him to be an incapacitated person. If the Court issues an order revoking the application for an order effecting him to be an incapacitated person, the Court shall also order revoking the application made by the said person for the cancellation of such marriage.
The order of the Court revoking the application made by the person for termination of the marriage under paragraph two does not grant the right of the spouse to apply for the termination of the marriage; provided that the spouse exercises his or her right within the remaining period of time. If the remaining period of time is less than six months as from the day on which the order of the Court revoking the application made by the said person for termination of the marriage is given, or if there remains no such period, the period of time shall correspondingly be extended to the completion of six months or to another six months as from the day on which the order of the Court revoking the application made by the said person for the cancellation of the marriage is given.
