Thailand Law Library

by Thailand Lawyer

Division 5: Family

The capacity for affecting a betrothal or for putting an end to the same is governed by the law of nationality of each party. The effects of the betrothal are governed by the law of the country to which the court trying and adjudication the case belong.

The conditions of marriage are governed by the law of nationality of each party.

A marriage shall be valid when made in accordance with the form provided by the law of the country where such marriage takes place.

However, a marriage between Thai subjects or between a Thai subject and a foreigner affected in foreign territory according to the form prescribed by Thai law shall be valid.

As regards relationship between husband and wife, the law common to both spouses when they are of the same nationality or when the wife has acquired by marriage the nationality of her husband shall govern.

In case where the wife has not acquired by marriage the nationality of her husband, the law of nationality of the husband shall govern.

As regards property of husband and wife, if there is no antenuptial agreement, the law of nationality shall govern.

If the husband and the wife are of different nationalities, the law of nationality of the husband shall govern.

However, in respect of immovable property, the law of the place where it is situated shall govern.

The effects of marriage as governed by the two foregoing Sections shall not be affected if, after marriage, either or both spouses acquire nationality different from the nationality possessed or acquired at the time of marriage.

As regards property of husband and wife, if an ante-nuptial agreement is made, the capacity for making such agreement is governed by the law of nationality of each party.

The essential elements and effects of an ante-nuptial agreement are governed by the law common to the parties when they are of the same nationality. If they are not of the same nationality such essential elements and effects are governed by the to which the parties intended or may be presumed to have intended to submit themselves; in the absence of such intention, the law of the first matrimonial domicile shall govern.

However, in respect of immovable property, the law of the place where it is situated shall govern.

Divorce by mutual consent shall be valid if it is permitted by the respective law of nationality of both the husband and the wife.

Divorce cannot be granted by a Thai Court unless it is permitted by the respective law of nationality of each spouse.

The grounds for divorce are governed by the law of the place where the action is instituted.

Cancellation of marriage shall be governed by the law which governs the conditions of marriage.

However, mistake, fraud and duress as cause for cancellation of marriage are governed by the law of the place where the marriage has taken place.

The legitimacy of a child is governed by the law of nationality of the husband of the mother at the time of birth of the child.

If at such time the husband happens to be dead, the legitimacy is governed by the law which was the law of nationality of the husband at the time of his death.

The same law governs action to repudiate a child.

Rights and duties between parents and legitimate child are governed by the law of nationality of the father.

If a child is born of a woman who is not married, the right and duties between the mother and the child are governed by the law of nationality of the mother.

Legitimating of a child is governed by the law of nationality of the father at the time of legitimating; if at such time, the father happens to be dead, the law of nationality of the father at the time of his death shall govern.

The cases in which the minor, having no parent exercising parental power, may be placed under guardianship, the duties and the powers of the guardian and the cases where guardianship is terminated are governed by the law of the nationality of such minor. However, as far as immovable properties are concerned, the powers of the guardian to deal with such properties are governed by the law of the place where such properties are situated.

As to a minor of foreign nationality having his domicile or residence in Thailand, he may be placed under guardianship according to the Thai law if it appears that, under the circumstances of the case, the interests of such minor cannot be efficiently protected by the organization and management of guardianship under the foreign law.

Deprivation of parental power is governed by the law of the country to which the Court ordering such deprivation belongs.

The right to enter an action, either civil or criminal, against ascendants is governed by the law of nationality of the descendant.

If the adopter and the adopted are of the same nationality, adoption is governed by their law of nationality.

If the adopter and the adopted are of different nationalities, the capacity and conditions for adopting or being adopted are governed by the respective law of nationality of each party. But as regards the effects of adoption between the adopter and the adopted, the law of nationality of the adopter shall govern.

As regards the rights and duties between the adopted and the family to which he belongs by birth, the law of nationality of the adopted shall govern.

The obligation to maintenance is governed by the law of nationality of the person from whom such maintenance is claimed.

However, the person entitled to maintenance cannot make claim in excess of what is permitted by the Thai law.