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Application for Annulment
annulment Thailand
An application to the Court for cancellation of marriage on the grounds of it being voidable shall be made only in the case where the spouses have not complied with the following sections.
A marriage can only occur between a woman and a man if they are 17 years and older. The courts however may have the discretion as to allowing the marriage to take place if they are to marry before attaining such age. This could be by means of the parents giving consent to the marriage for the man or woman aged older than 17 years old until they reach legal age (20 years old). For the man or woman is aged not over 17 years, the marriage should get consent from the court to grant the permission for such a marriage. Any marriage of man or woman age 17 years old until reach legal age (20 years old) and without the consent of the parents, it would be deemed a voidable marriage. Any marriage of man or woman age not over 17 years old and without the consent from the court to grant the permission, it would be deemed a voidable marriage.
Section 1505:
This is a marriage occurring where the parties have mistaken each other’s identities or one has been mistaken by the identity of another, such marriage shall be deemed to be voidable. An example for Section 1505 such as the male party desires to marry with the elder twin sister, but at the time of the marriage registration, the younger twin sister takes her place for marriage; in this case the marriage shall be deemed to be voidable and the male party should file the case for termination the marriage to the court within 90 days since the date of marriage registration.
Section 1506:
This is a marriage voidable on account of fraud to such an extent that the marriage would never have taken place. An example for Section 1506 such as the female party is pregnant with another man’s child but tells a lie to the male party that she is a virgin, the male party taking her word and gets marry with her; in this case the marriage shall be deemed to be voidable and the male party should file a case for termination the marriage to the court within 90 days since the date of marriage registration.
Section 1507:
This is a marriage that is voidable on account of duress without which the marriage would never have occurred. An example for Section 1506 such as Robert and Lek are friends. One day Lek’s father discovers the Lek is pregnant and says that Robert has to marry her or he will ensure that bad things happen to Robert. In fear of his life he marries Lek; in this case the marriage shall be deemed to be voidable and the male party should file the case for terminating the marriage to the court within one year since the date of being free from duress.
The right to apply for cancellation of the marriage on account of duress shall be terminated after the lapse of one year from the day on which the spouse is free from duress. Therefore even though they have been married for 2 years the threat to life and limb was still there. Robert would have one year to apply for the annulment after being free from duress.
Section 1509:
The marriage made without consent of the persons mentioned in Section 1454 is voidable.
If you want as annulment of marriage in Thailand speak to us online or via our tollfree telephone numbers is the US or in the UK. Speak to us now!
Πέμπτη 3 Ιουνίου 2010
Defending a Divorce...
Defending a Divorce.
defending a divorce in Thailand
Certain defenses may be raised when opposing a divorce. These defenses are noted in the following statues in Thai law. The relevant subsections listed below are the most common used defenses when getting divorced.
Section 1517: Divorce Defenses in Thailand
Section 1516 (1) and (2) No action for divorce in Thailand may be instituted by the husband or wife, as the case may be if such spouse has consented to or connived at the acts under Section 1516 (1) and (2) upon which the action for divorce is based. This section takes away the grounds for divorce based on consent. As an example of the grounds for divorce in Thailand Section 1516 (1) and (2) would not be applicable if for example John and Lek are swingers in Thailand. Neither John nor Lek could apply for a divorce based on the other having sexual liaisons with one of their swinging partners during a night out swinging.
Section 1516 (10) If the ground of action for divorce in Thailand is under Section 1516 (10) has resulted from the act of the other spouse, the action for divorce based upon such ground may not be instituted by such other spouse. With reference to this subsection you are not able to use it as grounds for divorce in Thailand if the physical disadvantage was caused by your own actions or inaction.
Section 1516 (8)
Where the action for divorce in Thailand is based upon the ground under section 1516 (8) has been instituted, the Court may not pronounce judgment to effect the divorce if the behavior of the husband or wife that causes the bond to have been executed is a minor cause or of no importance in relation to peaceful cohabitation as husband and wife. This simply spells out that you may not use a frivols excuse as a reason for your divorce in Thailand. Good behavior has a wide definition and as such the court would frown on and deny a divorce application in Thailand on such bases.
Section 1518: Divorce Defenses in Thailand
If there was ever a broad stoke of the brush for divorce in Thailand, this must be it. Under this section governing the divorce laws in Thailand the right to institute an action for divorce would be terminated if the spouse entitled thereto has committed any act showing his or her forgiveness to the act done by the other that has caused the right to institute the action for divorce. Raising this section or defeating any attempt to use this section would require expert legal advice for your divorce in Thailand.
Section 1529: Divorce Defenses in Thailand
Defending a divorce in Thailand can be complex. Rights of action based upon any of the grounds provided in Section 1516 (1), (2), (3) or (6), or Section 1523 for a divorce in Thailand are extinguished after one year when the fact which can be alleged by the claimant has been known or should have been known to him or her. Grounds upon which a claim for divorce can no longer be based may still be proved in support of another claim for divorce based upon other grounds. Hence grounds for divorce in Thailand have time limits. As explained above, those time limits are based on one year after the act or breach being known or should have been known. Those grounds are therefore not usable or applicable after a year. Making application for a divorce in Thailand is a very complex legal process and can cost you more than you think if you don’t have the appropriate legal assistance. Your divorce in Thailand will be conducted in Thai. What might look like a simple divorce in Thailand could become a costly affair as you might not speak or even read Thai. Always find a reputable law firm in Thailand when you have reached the end of your marriage and are thinking of applying for a divorce in Thailand.
defending a divorce in Thailand
Certain defenses may be raised when opposing a divorce. These defenses are noted in the following statues in Thai law. The relevant subsections listed below are the most common used defenses when getting divorced.
Section 1517: Divorce Defenses in Thailand
Section 1516 (1) and (2) No action for divorce in Thailand may be instituted by the husband or wife, as the case may be if such spouse has consented to or connived at the acts under Section 1516 (1) and (2) upon which the action for divorce is based. This section takes away the grounds for divorce based on consent. As an example of the grounds for divorce in Thailand Section 1516 (1) and (2) would not be applicable if for example John and Lek are swingers in Thailand. Neither John nor Lek could apply for a divorce based on the other having sexual liaisons with one of their swinging partners during a night out swinging.
Section 1516 (10) If the ground of action for divorce in Thailand is under Section 1516 (10) has resulted from the act of the other spouse, the action for divorce based upon such ground may not be instituted by such other spouse. With reference to this subsection you are not able to use it as grounds for divorce in Thailand if the physical disadvantage was caused by your own actions or inaction.
Section 1516 (8)
Where the action for divorce in Thailand is based upon the ground under section 1516 (8) has been instituted, the Court may not pronounce judgment to effect the divorce if the behavior of the husband or wife that causes the bond to have been executed is a minor cause or of no importance in relation to peaceful cohabitation as husband and wife. This simply spells out that you may not use a frivols excuse as a reason for your divorce in Thailand. Good behavior has a wide definition and as such the court would frown on and deny a divorce application in Thailand on such bases.
Section 1518: Divorce Defenses in Thailand
If there was ever a broad stoke of the brush for divorce in Thailand, this must be it. Under this section governing the divorce laws in Thailand the right to institute an action for divorce would be terminated if the spouse entitled thereto has committed any act showing his or her forgiveness to the act done by the other that has caused the right to institute the action for divorce. Raising this section or defeating any attempt to use this section would require expert legal advice for your divorce in Thailand.
Section 1529: Divorce Defenses in Thailand
Defending a divorce in Thailand can be complex. Rights of action based upon any of the grounds provided in Section 1516 (1), (2), (3) or (6), or Section 1523 for a divorce in Thailand are extinguished after one year when the fact which can be alleged by the claimant has been known or should have been known to him or her. Grounds upon which a claim for divorce can no longer be based may still be proved in support of another claim for divorce based upon other grounds. Hence grounds for divorce in Thailand have time limits. As explained above, those time limits are based on one year after the act or breach being known or should have been known. Those grounds are therefore not usable or applicable after a year. Making application for a divorce in Thailand is a very complex legal process and can cost you more than you think if you don’t have the appropriate legal assistance. Your divorce in Thailand will be conducted in Thai. What might look like a simple divorce in Thailand could become a costly affair as you might not speak or even read Thai. Always find a reputable law firm in Thailand when you have reached the end of your marriage and are thinking of applying for a divorce in Thailand.
unopposed divorce in Thailand...
Divorce in Thailand: Consent.
unopposed divorce in Thailand.
Applying for a divorce in Thailand can be done reasonably easily if both parties agree to the divorce. Mutual consent to the divorce is simply a matter of both parties going to the District Registration office or Amphur in Thailand. This is the easiest type of divorce in Thailand. They would need the following documents for the divorce:
The original Marriage Certificate;
The original Identification card of the Thai spouse;
The original passport;
The original Divorce agreement if you have one;
The original Prenuptial Agreement if you have one.
Before the divorce registration, in case that the parties do not have the divorce agreement with them, the registrar will ask the parties to fill in a blank form of the divorce agreement which have blanks with regards to the property, child custody, debts/liabilities and others, and when the parties can agree, both of them will have to sign the agreement.
The divorce agreement is only in Thai and it would cover the following:
Property
Child Custody / Guardianship
Debts/Liabilities
Others
Once the divorce agreement has been signed the registrar will draft the memorandum of the divorce registration and have both parties sign off on the documents. They would then be issued a divorce certificate. All the documents are in the Thai language and this is where most problems would set in.
Common problems occur with regards to the following:
Guardianship and/or Child custody.
Access to the children/child
Property ( especially joint property)
Property inherited during the court of the marriage
Maintenance of minors or the spouse
Complications with regards to fixed property bought in the name of the other
Spouse’s support/ maintenance/ financial
Even though the process of an unopposed divorce does appear simple it does become complicated when all the variables are added. Once the documents are signed, it would take a court order to change any of the conditions changed later. It is best even during the process of a seemingly straightforward divorce to retain the services of an attorney. Do not rest with the thought that the officials at the District Registration office (“Amphurs office”) level of English will be at a level you would understand. In most cases it tends to be the ex-wife who would attempt to explain the process to the husband. Could you really trust the person you are about to divorce in Thailand to explain what your rights are?
Any divorce in Thailand when you do not speak or read the Thai language would be much easier if it is handled by a reputable attorney who at the very least would draft the divorce agreement for you. Retain an attorney for your divorce in Thailand today.
unopposed divorce in Thailand.
Applying for a divorce in Thailand can be done reasonably easily if both parties agree to the divorce. Mutual consent to the divorce is simply a matter of both parties going to the District Registration office or Amphur in Thailand. This is the easiest type of divorce in Thailand. They would need the following documents for the divorce:
The original Marriage Certificate;
The original Identification card of the Thai spouse;
The original passport;
The original Divorce agreement if you have one;
The original Prenuptial Agreement if you have one.
Before the divorce registration, in case that the parties do not have the divorce agreement with them, the registrar will ask the parties to fill in a blank form of the divorce agreement which have blanks with regards to the property, child custody, debts/liabilities and others, and when the parties can agree, both of them will have to sign the agreement.
The divorce agreement is only in Thai and it would cover the following:
Property
Child Custody / Guardianship
Debts/Liabilities
Others
Once the divorce agreement has been signed the registrar will draft the memorandum of the divorce registration and have both parties sign off on the documents. They would then be issued a divorce certificate. All the documents are in the Thai language and this is where most problems would set in.
Common problems occur with regards to the following:
Guardianship and/or Child custody.
Access to the children/child
Property ( especially joint property)
Property inherited during the court of the marriage
Maintenance of minors or the spouse
Complications with regards to fixed property bought in the name of the other
Spouse’s support/ maintenance/ financial
Even though the process of an unopposed divorce does appear simple it does become complicated when all the variables are added. Once the documents are signed, it would take a court order to change any of the conditions changed later. It is best even during the process of a seemingly straightforward divorce to retain the services of an attorney. Do not rest with the thought that the officials at the District Registration office (“Amphurs office”) level of English will be at a level you would understand. In most cases it tends to be the ex-wife who would attempt to explain the process to the husband. Could you really trust the person you are about to divorce in Thailand to explain what your rights are?
Any divorce in Thailand when you do not speak or read the Thai language would be much easier if it is handled by a reputable attorney who at the very least would draft the divorce agreement for you. Retain an attorney for your divorce in Thailand today.
Insanity & Maintenance
Insanity & Maintenance
insane wife
There are no real statistics as to how many applications are made for a divorce in Thailand based on insanity. Insanity is defined by Thai law and by those acts governing divorce in Thailand.
You would require expert legal assistance when using such far reaching grounds for divorce in Thailand. Insanity does not only affect your divorce in Thailand but also the rights and privileges of the person being said to be insane. In terms of Section 1516 which defines the grounds for divorce, Point 7 covers the aspect of applying for a divorce in Thailand based on one spouse being insane for 3 continuous years and who is incurable.
Section 1519: Divorce in Thailand: Insanity
This section stipulates that if an insane persons condition gives rise to grounds for a divorce in Thailand based on insanity, the person who is entitled to raise this as the reason for his/her divorce in Thailand also has to apply to court to declare the person incapacitated under Section 28 which thereby places the person in question under guardianship.
If the spouse who is insane has not as yet been declared insane by the courts, the applicant in the divorce matter shall apply not only for a divorce and liquidation of the assets but also for and order of the court to have the person declared insane. Two applications hence are filled. It stands to reason that the courts cannot accept the reason for a divorce in Thailand based on insanity without a competent court already having declared the said person insane. If the person has not been declared insane as yet, the application for the divorce has to be accompanied by an application for the declaration of insanity. Hence Jack wants his divorce in Thailand based on Lek’s insane condition. As Lek has not been declared insane, Jack would file not only for his divorce in Thailand but also in the same court, Jack would apply for an order declaring Lek insane.
Should the courts however find that Lek is competent and not insane; the application to have her declared insane would thereby be dismissed. As there are no grounds for divorce based on insanity, they may also dismiss the application for the divorce in Thailand.
Should the court however decide that Lek is insane, yet no guardian has been appointed they will grant her a living allowance and dismiss the application for a divorce.
In the event however that a guardian is appointed during the court process in terms of Section 1463, the court will grant the divorce. Hence a divorce in Thailand will not be granted on the bases of insanity without the appointment of a guardian.
insane wife
There are no real statistics as to how many applications are made for a divorce in Thailand based on insanity. Insanity is defined by Thai law and by those acts governing divorce in Thailand.
You would require expert legal assistance when using such far reaching grounds for divorce in Thailand. Insanity does not only affect your divorce in Thailand but also the rights and privileges of the person being said to be insane. In terms of Section 1516 which defines the grounds for divorce, Point 7 covers the aspect of applying for a divorce in Thailand based on one spouse being insane for 3 continuous years and who is incurable.
Section 1519: Divorce in Thailand: Insanity
This section stipulates that if an insane persons condition gives rise to grounds for a divorce in Thailand based on insanity, the person who is entitled to raise this as the reason for his/her divorce in Thailand also has to apply to court to declare the person incapacitated under Section 28 which thereby places the person in question under guardianship.
If the spouse who is insane has not as yet been declared insane by the courts, the applicant in the divorce matter shall apply not only for a divorce and liquidation of the assets but also for and order of the court to have the person declared insane. Two applications hence are filled. It stands to reason that the courts cannot accept the reason for a divorce in Thailand based on insanity without a competent court already having declared the said person insane. If the person has not been declared insane as yet, the application for the divorce has to be accompanied by an application for the declaration of insanity. Hence Jack wants his divorce in Thailand based on Lek’s insane condition. As Lek has not been declared insane, Jack would file not only for his divorce in Thailand but also in the same court, Jack would apply for an order declaring Lek insane.
Should the courts however find that Lek is competent and not insane; the application to have her declared insane would thereby be dismissed. As there are no grounds for divorce based on insanity, they may also dismiss the application for the divorce in Thailand.
Should the court however decide that Lek is insane, yet no guardian has been appointed they will grant her a living allowance and dismiss the application for a divorce.
In the event however that a guardian is appointed during the court process in terms of Section 1463, the court will grant the divorce. Hence a divorce in Thailand will not be granted on the bases of insanity without the appointment of a guardian.
Grounds for Divorce...
Grounds for Divorce...
Thai law makes provision for a divorce in Thailand in terms of Section 1516. This specific section covers the reasons or grounds on which a divorce in Thailand may be granted.
Even though your reasons for a divorce in Thailand might fall under one of the subsections of Section 1516, they might not be as clear cut as stipulated on this page. You may want to also read the page on ‘Divorce in Thailand: Defences’ together with this.
Section 1516:The husband has given maintenance to or honoured such other woman as his wife or the wife has committed adultery, the other spouse may enter a claim for divorce.
Point 1 as it explains is where the husband has another girlfriend or Mia Noi or has committed an act of adultery. The circumstance of adultery should be maintenance to or honoured such other woman as his wife. Or the wife has committed an act of adultery. The wife would therefore file for a divorce in the first instance and you would file on the act of your wife committing an act of adultery. [See: Divorce in Thailand: Defences]
One spouse is guilty of misconduct, notwithstanding whether such misconduct is of a criminal nature or not. If it causes:
To be seriously ashamed;
To be insulted or hated on account of the act of misconduct committed by your spouse;
To sustain excessive injury;
The innocent spouse may file for divorce in Thailand under the above circumstances.
Point 2 is an issue of misconduct that may embarrass or endanger the innocent party in the marriage. As an example your wife goes around town telling everyone that you are a known criminal and wanted by the FBI. Alternatively she has hired Somchai to beat you to a pulp as you had failed to buy her a larger wedding ring. [See: Divorce in Thailand: Defences]
One spouse has caused harm or torture to the body or mind of the other alternatively has seriously insulted the other parties’ ascendants. The innocent party would therefore file for a divorce.
Point 3 is broad ranging for a number of reasons. These could range from physically being tortured by your spouse, or causing mental anguish. This further extends to seriously insulting your spouse’s ascendants, such as his/her parents or grandparents. One spouse has deserted the other for more than one year. The latter may file for a divorce.
This might occur when married couples have an argument and one spouse decides to board an international flight and not return after a year. The remaining spouse in Thailand would then file for a divorce in Thailand. Alternatively, one spouse runs off and even though still in Thailand, not make his or her presence known for more than a year. “Desert” in this clause means separation de facto and animus deserendi. And this also means the separation without any fields of contact more than one year i.e. letter, e-mail, telephone etc.
(4.1) One spouse has been sentenced to prison for more than a year where the innocent spouse was not implicated in the criminal offence.
(4.2) The couple part ways and live separately for more than 3 years as they are unable to live together peacefully.
Subsection 4.1 and 4.2 are self explanatory.
One spouse has been adjudged to have disappeared or has left his/her domicile or residence for more than 3 years and being uncertain if he/she is dead or alive.
Point 5 points to a disappearance that has been adjudged (determine or decide by judicial procedure), hence the court has decided that you have officially disappeared. One spouse has failed to give proper maintenance and support to the other or committed an act or acts seriously adverse to the relationship of husband and wife.
Point 6 might be described as where the one spouse who earns income refuses to provide the other with money to pay the accounts, purchase food etc. Alternatively the spouse may have committed an act which would affect the marriage adversely. The later having a wide discretion. One spouse has been insane for 3 years continuously and is incurable.
Point 7 is self explanatory however the procedure for the declaration of insanity is not explicitly described or called for in the section. One spouse has broken the bond of good behaviour. (A bond of good behaviour is a written agreement to behave yourself)
Point 8 would be best interpreted for you by your divorce attorney in Thailand. One spouse is suffering from a communicable and dangerous disease which is incurable and may cause harm to the other.
Point 9 would be where one spouse has developed an incurable communicable disease. These could range for a variety of diseases. This may be used during your divorce in Thailand. One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife.
Point 10 is self explanatory however it is very broad by description however see the grounds for divorce in Thailand – Defences. Applying for a divorce in Thailand is a complicated legal procedure. There is always money, property and possibly children involved in the process. Always seek legal assistance from a reputable law firm in Thailand when starting the legal process for a divorce in Thailand.
Thai law makes provision for a divorce in Thailand in terms of Section 1516. This specific section covers the reasons or grounds on which a divorce in Thailand may be granted.
Even though your reasons for a divorce in Thailand might fall under one of the subsections of Section 1516, they might not be as clear cut as stipulated on this page. You may want to also read the page on ‘Divorce in Thailand: Defences’ together with this.
Section 1516:The husband has given maintenance to or honoured such other woman as his wife or the wife has committed adultery, the other spouse may enter a claim for divorce.
Point 1 as it explains is where the husband has another girlfriend or Mia Noi or has committed an act of adultery. The circumstance of adultery should be maintenance to or honoured such other woman as his wife. Or the wife has committed an act of adultery. The wife would therefore file for a divorce in the first instance and you would file on the act of your wife committing an act of adultery. [See: Divorce in Thailand: Defences]
One spouse is guilty of misconduct, notwithstanding whether such misconduct is of a criminal nature or not. If it causes:
To be seriously ashamed;
To be insulted or hated on account of the act of misconduct committed by your spouse;
To sustain excessive injury;
The innocent spouse may file for divorce in Thailand under the above circumstances.
Point 2 is an issue of misconduct that may embarrass or endanger the innocent party in the marriage. As an example your wife goes around town telling everyone that you are a known criminal and wanted by the FBI. Alternatively she has hired Somchai to beat you to a pulp as you had failed to buy her a larger wedding ring. [See: Divorce in Thailand: Defences]
One spouse has caused harm or torture to the body or mind of the other alternatively has seriously insulted the other parties’ ascendants. The innocent party would therefore file for a divorce.
Point 3 is broad ranging for a number of reasons. These could range from physically being tortured by your spouse, or causing mental anguish. This further extends to seriously insulting your spouse’s ascendants, such as his/her parents or grandparents. One spouse has deserted the other for more than one year. The latter may file for a divorce.
This might occur when married couples have an argument and one spouse decides to board an international flight and not return after a year. The remaining spouse in Thailand would then file for a divorce in Thailand. Alternatively, one spouse runs off and even though still in Thailand, not make his or her presence known for more than a year. “Desert” in this clause means separation de facto and animus deserendi. And this also means the separation without any fields of contact more than one year i.e. letter, e-mail, telephone etc.
(4.1) One spouse has been sentenced to prison for more than a year where the innocent spouse was not implicated in the criminal offence.
(4.2) The couple part ways and live separately for more than 3 years as they are unable to live together peacefully.
Subsection 4.1 and 4.2 are self explanatory.
One spouse has been adjudged to have disappeared or has left his/her domicile or residence for more than 3 years and being uncertain if he/she is dead or alive.
Point 5 points to a disappearance that has been adjudged (determine or decide by judicial procedure), hence the court has decided that you have officially disappeared. One spouse has failed to give proper maintenance and support to the other or committed an act or acts seriously adverse to the relationship of husband and wife.
Point 6 might be described as where the one spouse who earns income refuses to provide the other with money to pay the accounts, purchase food etc. Alternatively the spouse may have committed an act which would affect the marriage adversely. The later having a wide discretion. One spouse has been insane for 3 years continuously and is incurable.
Point 7 is self explanatory however the procedure for the declaration of insanity is not explicitly described or called for in the section. One spouse has broken the bond of good behaviour. (A bond of good behaviour is a written agreement to behave yourself)
Point 8 would be best interpreted for you by your divorce attorney in Thailand. One spouse is suffering from a communicable and dangerous disease which is incurable and may cause harm to the other.
Point 9 would be where one spouse has developed an incurable communicable disease. These could range for a variety of diseases. This may be used during your divorce in Thailand. One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife.
Point 10 is self explanatory however it is very broad by description however see the grounds for divorce in Thailand – Defences. Applying for a divorce in Thailand is a complicated legal procedure. There is always money, property and possibly children involved in the process. Always seek legal assistance from a reputable law firm in Thailand when starting the legal process for a divorce in Thailand.
voidable marriage...
voidable marriage...
Divorce in Thailand is not the only recourse when attempting to end a marriage. Thai law stipulates when a marriage is voidable within its rules of law.
A voidable marriage is one conducted illegally. A voidable marriage is therefore in effect until annulled by a court. Children however born of a voidable marriage are therefore technically legitimate. Once an annulment occurs the marriage is considered to have never taken place. It is therefore not a divorce.
Section 1503: covers what would be used for the application of annulment as it covers all the relevant sections.
Section 1448: A marriage can only occur between a woman and a man if they are 17 years and older. The courts however may have the discretion as to allowing the marriage to take place if them to marry before attaining such age. This could be by means of the parents should giving consent to the marriage for the man or woman age 17 years old until reach legal age (20 years old). For the man or woman age not over 17 years old, the marriage should get consent from the court to grant the permission for such a marriage. Any marriage of man or woman age 17 years old until reach legal age (20 years old)and without the consent of the parents, it would be deemed a voidable marriage.
Any marriage of man or woman age not over 17 years old and without the consent from the court to grant the permission, it would be deemed a voidable marriage.
Section 1502: A voidable marriage terminates upon cancellation decided by judgment of the Court.
Section 1503: An application to the Court for cancellation of marriage on the ground of it being 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. [See : Annulment Application]
Section 1504: This is a marriage voidable as an interested person other than the parents or guardian who has given their consent to the marriage is entitled to apply for cancellation of the marriage on the ground of its void ability. If the court has not cancelled 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 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 contract the marriage may apply for the cancellation of such marriage. See the example used above in Section 1505. In that example, Jack would have to apply for the annulment of the marriage based on mistaken identity. In all of the above relevant sections is it considered that innocent party has the right to apply for an annulment of the marriage when the mistake is identifies or duress cesses.
Section 1510: This applies to a marriage that is voidable on account of having been made without consent of the persons mentioned in Section 1454; only the person who can give the consent under Section 1454 may apply for the cancellation of the marriage
Note: The right to apply for the cancellation of the marriage under this Section is extinguished when the spouse has reached legal age (20 years) of age or when the woman becomes pregnant.
Note: The action for the cancellation of the marriage under this Section is barred by prescription after one year from the day where the marriage is known.
Section 1454: In case of marriage of a minor, the provisions of Section 1436 shall apply mutatis mutandis.
Divorce in Thailand is not the only recourse when attempting to end a marriage. Thai law stipulates when a marriage is voidable within its rules of law.
A voidable marriage is one conducted illegally. A voidable marriage is therefore in effect until annulled by a court. Children however born of a voidable marriage are therefore technically legitimate. Once an annulment occurs the marriage is considered to have never taken place. It is therefore not a divorce.
Section 1503: covers what would be used for the application of annulment as it covers all the relevant sections.
Section 1448: A marriage can only occur between a woman and a man if they are 17 years and older. The courts however may have the discretion as to allowing the marriage to take place if them to marry before attaining such age. This could be by means of the parents should giving consent to the marriage for the man or woman age 17 years old until reach legal age (20 years old). For the man or woman age not over 17 years old, the marriage should get consent from the court to grant the permission for such a marriage. Any marriage of man or woman age 17 years old until reach legal age (20 years old)and without the consent of the parents, it would be deemed a voidable marriage.
Any marriage of man or woman age not over 17 years old and without the consent from the court to grant the permission, it would be deemed a voidable marriage.
Section 1502: A voidable marriage terminates upon cancellation decided by judgment of the Court.
Section 1503: An application to the Court for cancellation of marriage on the ground of it being 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. [See : Annulment Application]
Section 1504: This is a marriage voidable as an interested person other than the parents or guardian who has given their consent to the marriage is entitled to apply for cancellation of the marriage on the ground of its void ability. If the court has not cancelled 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 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 contract the marriage may apply for the cancellation of such marriage. See the example used above in Section 1505. In that example, Jack would have to apply for the annulment of the marriage based on mistaken identity. In all of the above relevant sections is it considered that innocent party has the right to apply for an annulment of the marriage when the mistake is identifies or duress cesses.
Section 1510: This applies to a marriage that is voidable on account of having been made without consent of the persons mentioned in Section 1454; only the person who can give the consent under Section 1454 may apply for the cancellation of the marriage
Note: The right to apply for the cancellation of the marriage under this Section is extinguished when the spouse has reached legal age (20 years) of age or when the woman becomes pregnant.
Note: The action for the cancellation of the marriage under this Section is barred by prescription after one year from the day where the marriage is known.
Section 1454: In case of marriage of a minor, the provisions of Section 1436 shall apply mutatis mutandis.
Divorce in Thailand
Divorce in Thailand or divorce in general is very difficult, and the financial and emotional costs can be devastating. One of the best predictors of a better divorce outcome is the couple’s knowledge and understanding of their options. Many people do not fully educate themselves prior to the proceedings; either because they don’t want the divorce, they are hurt and overwhelmed, or that they believe that they understand what is expected. The result is that they often make decisions without fully understanding the consequences, including the potential damage that those decisions will have on their lives and the lives of their children.
Promulgation of the Civil and Commercial Code (16) B.E. 2550 (A.D.2007) - The Civil and Commercial Code has undergone revision related to grounds for divorce, granting equal treatment under law for both men and women. The National Legislative Assembly promulgated the new law on 30 August 2550. Section 1516 (1): A husband or wife that provides maintenance or honors another person as a spouse in an adulterous relationship, or has committed fornication with the person as a practice, may be subject to divorce proceedings on the part of the other spouse.
Promulgation of the Civil and Commercial Code (16) B.E. 2550 (A.D.2007) - The Civil and Commercial Code has undergone revision related to grounds for divorce, granting equal treatment under law for both men and women. The National Legislative Assembly promulgated the new law on 30 August 2550. Section 1516 (1): A husband or wife that provides maintenance or honors another person as a spouse in an adulterous relationship, or has committed fornication with the person as a practice, may be subject to divorce proceedings on the part of the other spouse.
Τρίτη 1 Ιουνίου 2010
Thailand Major Holidays
Thailand flag Thailand national flag Thailand Major Holidays
Dates Name Commemoration
January 1 New Year's Day New Year Greeting
February full moon Makha Bucha Spontaneous gathering of 1,250 Buddha's disciples
April 6 Chakri Day Founding of the Royal House of Chakri Dynasty
April 13-15 Songkran Thai New Year - Water Festival
May 1 Labor Day International Labor Day
May 5 Coronation Day H.M. the King Adulyadej - Rama IX Enthronement
May full moon Visakha Bucha Birth, Enlightenment and Death of the Lord Buddha
July full moon Asalaha Bucha Lord Buddha's First Sermon
July Khao Phansa Beginning of the Buddhist rainy season retreat
August 12 The Queen's Birthday H.M. the Queen's Birthday Celebrations
October 23 Chulalongkorn Day The King Rama V Memorial Day
December 5 The King's Birthday H.M. the King's Birthday Celebrations
December 10 Constitution Day Inauguration of Constitutional Monarchy in Thailand
December 31 New Year Eve Salutations to the outgoing year
Several unofficial yet popular Thai and international holidays like Loy Krathong Festival, Chinese New Year, Christmas, Hanukkah and other are also widely celebrated in Thailand.
Thailand flag
Thai Lunar Calendar
Although, the official calendar in the kingdom of Thailand is the Western Gregorian calendar, a traditional Thai lunar calendar is very much in use for determining many holidays, especially the Buddhists. Thai ancient lunar calendar distinguishes itself from Islamic and other lunar calendars by being set up based on the yearly agricultural cycle, as it was the most important aspect of the primarily agrarian society. Thai ancient lunar calendar is divided into 12 lunar months, like the western calendar, but the months are determined by the phases of the moon, rather than by a position of the earth in relation to sun. Being based on the cycles of moon phases, half of lunar months are 28 days long and another half are 29. Thai lunar month is also divided into four weeks.
Dates Name Commemoration
January 1 New Year's Day New Year Greeting
February full moon Makha Bucha Spontaneous gathering of 1,250 Buddha's disciples
April 6 Chakri Day Founding of the Royal House of Chakri Dynasty
April 13-15 Songkran Thai New Year - Water Festival
May 1 Labor Day International Labor Day
May 5 Coronation Day H.M. the King Adulyadej - Rama IX Enthronement
May full moon Visakha Bucha Birth, Enlightenment and Death of the Lord Buddha
July full moon Asalaha Bucha Lord Buddha's First Sermon
July Khao Phansa Beginning of the Buddhist rainy season retreat
August 12 The Queen's Birthday H.M. the Queen's Birthday Celebrations
October 23 Chulalongkorn Day The King Rama V Memorial Day
December 5 The King's Birthday H.M. the King's Birthday Celebrations
December 10 Constitution Day Inauguration of Constitutional Monarchy in Thailand
December 31 New Year Eve Salutations to the outgoing year
Several unofficial yet popular Thai and international holidays like Loy Krathong Festival, Chinese New Year, Christmas, Hanukkah and other are also widely celebrated in Thailand.
Thailand flag
Thai Lunar Calendar
Although, the official calendar in the kingdom of Thailand is the Western Gregorian calendar, a traditional Thai lunar calendar is very much in use for determining many holidays, especially the Buddhists. Thai ancient lunar calendar distinguishes itself from Islamic and other lunar calendars by being set up based on the yearly agricultural cycle, as it was the most important aspect of the primarily agrarian society. Thai ancient lunar calendar is divided into 12 lunar months, like the western calendar, but the months are determined by the phases of the moon, rather than by a position of the earth in relation to sun. Being based on the cycles of moon phases, half of lunar months are 28 days long and another half are 29. Thai lunar month is also divided into four weeks.
Marriage in Thailand
Marriage in Thailand
Traditional Wedding Ceremonies
Thai Customs and Rituals
Is It Legal? What Is Dowry? How Come?
Speaking of Thai marriage, there are two separate matrimonies taken place in Thailand. One is reckoned as a Buddhist religious ceremony of traditional Thai wedding with several unique rituals observed step-by-step. The other is an official procedure of legal marriage registration. A procedure of the legal marriage registration quite often are preceded, followed, or gradually coincided with the wedding ceremony, if any.
Wedding Planning
To comply with Buddhist religious beliefs, most Thai girls (and especially the parents) would be very happy to have a marriage ceremony of traditional Thai wedding, albeit the fact that it is not legally recognized as a marriage. The legal marriage in Thailand is effected in person at the local Thai amphur (Civil Registry Office), a governmental office that handles all registration matters regardless, be it a foreigner marrying Thai, a Thai or foreign couple. Marriage certificates issued in Thailand are recognized as such by the authorities of Britain, France, Germany, Australia, the USA and likely many other countries. In fact, we know of none it will not be legal.
According to Thai customs, a couple traditionally become engaged during a ceremony known as thong mun. This is literally the giving of gold by the prospective groom to his fiancee. Parents, friends and relatives will attend this ceremony. In place of a diamond ring as common in the West, Thais opt for the gold, normally in the form of jewelery. Actually, it is almost 96% pure gold made in Thailand. When traded locally, its weight is measured in baht. One baht of gold is equals to 1/2 a troy ounce or 15.2 grams. In practice, an odd number is never given (as it were for a couple), so the minimum should be two baht of gold.
Dowry – sinsod
Thai marriage at large and definitely the ceremony of traditional Thai wedding interlinked with an ancient tradition called sinsod (sinsot). A custom of paying a dowry (dowery) to compensate a family of bride "for mother's milk". A concept of sinsod was initially brought in to ensure that one's daughter does not marry below her potential standing in life. To stipulate that her social, financial and professional status and reputation is preserved and secured.
Before the in-law family accepts you they should know who you are and whether or not you are a suitable suitor. There is no set amount for sinsod, the sum is typically determined on the one hand by suitor's wealth (and Thais by and large reckon all farang - a Thai name for caucasians, as rich and wealthy), and on the other hand by the "value" of the future wife. Her beauty, personality, background, education and other qualifications, if she is a virgin, or has got a child and so forth.
As an aside yet practical for some fellas comment, and without any attempt to overlook the value of the Thai brides, a dowry is normally waived in case of re-marriages.
Nowadays, many parents-in-law hand the dowry back to the married couple as a wedding gift, some families do not require a dowry, and some need to keep the money. Traditionally, sinsod is reciprocated by the parents-in-law. More often than not, a part of the money is used to pay for the wedding ceremonies, parties and other related expenses. Dowries or sinsod payments range from THB 50,000 to 250,000 and up, although these upper figures are rarely asked for, except the marriages amongst celebrities being motivated by extraordinary figures to create sensation.
In the past and until today, for the most part wealthy Thai women often forgo the official marriage registration for a variety of reasons, in particular because they loose scores of legitimate civil rights. Instead, they prefer to perform a ceremony of traditional Thai wedding. This marriage is taken quite seriously by all concerned, and regarded as a lifelong commitment made by the couple. In the eyes of Buddhist religion, the marriage is recognized and sacred, albeit the fact that in contrast to other religions, a religiously sanctioned marriage is void in Buddhism.
Thai Traditional wedding ceremonies and rituals need not be conducted in the presence of monk and are usually performed at someone’s home. Simply put, there is no such thing as "Buddhist Wedding Ceremony", and if monks are present at the wedding, they are not directly involved. If monks are invited, which is happened quite often, there always should be an odd number: 3, 5, 7 and the maximum could be 9 monks.
According to Buddhist faith, to assure a lifetime of love marriage or what is called "a marriage made in heaven", there is an old Thai ritual of 'Merit Gift' -- a donation to the local wat (Buddhist temple) to perform a wedding blessing ceremony. Even it is not directly related to marriage, a merit-making ceremony would mean alot to the bride-to-be and in turn to her family, to have a gift made in their name by you. It shows that you care about her religious beliefs, value the Thai ways and respect Thai culture.
Traditional Wedding Ceremonies
Thai Customs and Rituals
Is It Legal? What Is Dowry? How Come?
Speaking of Thai marriage, there are two separate matrimonies taken place in Thailand. One is reckoned as a Buddhist religious ceremony of traditional Thai wedding with several unique rituals observed step-by-step. The other is an official procedure of legal marriage registration. A procedure of the legal marriage registration quite often are preceded, followed, or gradually coincided with the wedding ceremony, if any.
Wedding Planning
To comply with Buddhist religious beliefs, most Thai girls (and especially the parents) would be very happy to have a marriage ceremony of traditional Thai wedding, albeit the fact that it is not legally recognized as a marriage. The legal marriage in Thailand is effected in person at the local Thai amphur (Civil Registry Office), a governmental office that handles all registration matters regardless, be it a foreigner marrying Thai, a Thai or foreign couple. Marriage certificates issued in Thailand are recognized as such by the authorities of Britain, France, Germany, Australia, the USA and likely many other countries. In fact, we know of none it will not be legal.
According to Thai customs, a couple traditionally become engaged during a ceremony known as thong mun. This is literally the giving of gold by the prospective groom to his fiancee. Parents, friends and relatives will attend this ceremony. In place of a diamond ring as common in the West, Thais opt for the gold, normally in the form of jewelery. Actually, it is almost 96% pure gold made in Thailand. When traded locally, its weight is measured in baht. One baht of gold is equals to 1/2 a troy ounce or 15.2 grams. In practice, an odd number is never given (as it were for a couple), so the minimum should be two baht of gold.
Dowry – sinsod
Thai marriage at large and definitely the ceremony of traditional Thai wedding interlinked with an ancient tradition called sinsod (sinsot). A custom of paying a dowry (dowery) to compensate a family of bride "for mother's milk". A concept of sinsod was initially brought in to ensure that one's daughter does not marry below her potential standing in life. To stipulate that her social, financial and professional status and reputation is preserved and secured.
Before the in-law family accepts you they should know who you are and whether or not you are a suitable suitor. There is no set amount for sinsod, the sum is typically determined on the one hand by suitor's wealth (and Thais by and large reckon all farang - a Thai name for caucasians, as rich and wealthy), and on the other hand by the "value" of the future wife. Her beauty, personality, background, education and other qualifications, if she is a virgin, or has got a child and so forth.
As an aside yet practical for some fellas comment, and without any attempt to overlook the value of the Thai brides, a dowry is normally waived in case of re-marriages.
Nowadays, many parents-in-law hand the dowry back to the married couple as a wedding gift, some families do not require a dowry, and some need to keep the money. Traditionally, sinsod is reciprocated by the parents-in-law. More often than not, a part of the money is used to pay for the wedding ceremonies, parties and other related expenses. Dowries or sinsod payments range from THB 50,000 to 250,000 and up, although these upper figures are rarely asked for, except the marriages amongst celebrities being motivated by extraordinary figures to create sensation.
In the past and until today, for the most part wealthy Thai women often forgo the official marriage registration for a variety of reasons, in particular because they loose scores of legitimate civil rights. Instead, they prefer to perform a ceremony of traditional Thai wedding. This marriage is taken quite seriously by all concerned, and regarded as a lifelong commitment made by the couple. In the eyes of Buddhist religion, the marriage is recognized and sacred, albeit the fact that in contrast to other religions, a religiously sanctioned marriage is void in Buddhism.
Thai Traditional wedding ceremonies and rituals need not be conducted in the presence of monk and are usually performed at someone’s home. Simply put, there is no such thing as "Buddhist Wedding Ceremony", and if monks are present at the wedding, they are not directly involved. If monks are invited, which is happened quite often, there always should be an odd number: 3, 5, 7 and the maximum could be 9 monks.
According to Buddhist faith, to assure a lifetime of love marriage or what is called "a marriage made in heaven", there is an old Thai ritual of 'Merit Gift' -- a donation to the local wat (Buddhist temple) to perform a wedding blessing ceremony. Even it is not directly related to marriage, a merit-making ceremony would mean alot to the bride-to-be and in turn to her family, to have a gift made in their name by you. It shows that you care about her religious beliefs, value the Thai ways and respect Thai culture.
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