Voidable Marriages in Thailand

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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 ceases.

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.

 

Source: www.divorcethailand.com

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