Marriage legal requirements and conditions for registration of marriage and the validity of a marriage in Thailand under Thai Family Laws.

Marriage law in Thailand – logo Legal Update (2025): Following the Marriage Equality Act B.E. 2567, Thailand’s Civil and Commercial Code applies equally to same-sex and opposite-sex spouses. Section 1448 now requires that a person has completed the eighteenth year of age (18) to marry (court may still allow below that age). Apart from this age update and gender-neutral wording, the provisions remain unchanged in substance.
อัปเดตกฎหมาย (พ.ศ. 2567):ภายใต้ พระราชบัญญัติสมรสเท่าเทียม (ฉบับที่ 24 พ.ศ. 2567) ประมวลกฎหมายแพ่งและพาณิชย์ใช้บังคับกับคู่สมรสทุกเพศอย่างเท่าเทียมกัน มาตรา 1448 ปรับเกณฑ์อายุขั้นต่ำในการสมรสจาก “ครบ 17 ปีบริบูรณ์” เป็น “ครบ 18 ปีบริบูรณ์” (ศาลยังอาจอนุญาตให้สมรสก่อนอายุดังกล่าวได้เมื่อมีเหตุอันสมควร) นอกจากการปรับอายุและถ้อยคำให้เป็นกลางทางเพศแล้ว เนื้อหาโดยสาระสำคัญยังคงเดิม

CHAPTER II

CONDITIONS OF MARRIAGE

table of contents

Note: Strikethrough text shows wording changed by the Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 (2024) (“Marriage Equality Act”).

Section 1448. A marriage (in Thailand under Thai Marriage and Family Laws) can take place only when the man and woman two persons, both have completed their seventeenth eighteenth year of age. But the Court may, in case of having appropriate reason, allow them to marry before attaining such age.

Section 1449. A marriage cannot take place if either the man or the woman is an insane person or adjudged incompetent.

Section 1450. A marriage cannot take place if the man and woman are blood relations in the direct ascendant or descendant line, or brother or sister of full or half blood A couple of persons who are related by blood as direct ascendants or descendants or as siblings of whole or half blood cannot marry each other. 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 take place if a person is already the spouse of another person.

Section 1453. In case of the woman whose husband male spouse died or whose marriage has become terminated, may remarry a man only upon the passage of time not less than three hundred and ten days from the end of the previous marriage; unless

  1. a child has been born during such period;
  2. the divorced couple remarry;
  3. there is a certificate issued by a qualified doctor who is a lawful physical practitioner in medicine showing that the woman is not pregnant;
  4. there is an order of the Court allowing the woman to marry.

Section 1454. In case of marriage of a minor, the provisions of Section 1436 shall apply mutatis mutandis.

Section 1455. Giving consent to the marriage may be made:

  1. by affixing signature of the person giving consent in the Register at the time of registration of the marriage;
  2. by a consent document stating the names of the parties to the marriage and signed by the person giving consent;
  3. 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 having the power to give consent under Section 1454, or if the person refuses to give consent or is in the position of being unable to give consent, or the minor cannot, in such circumstances, ask for the consent, the minor may file an application with the Court for giving consent to the marriage.

Section 1457. Marriage under this Code shall be effected only on registration being made.

Section 1458. A marriage can take place only if the man and woman two persons agree to take each other as husband and wife who consent to being each other’s spouse, and such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar.

Section 1459. A marriage in foreign country between Thai people or between a Thai national and a foreigner may be effected according to the form prescribed by Thai law or by the law of the country where it takes place.

If the spouses desire 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 special circumstances that make the marriage registration by the Registrar unable because either or both of the man and woman persons were in imminent danger of death or in the state of armed conflict or war, if a declaration of intention to marry has been made by the man and woman the two before a person of sui juris living there, who would have noted down as an evidence such intention, and if the registration of marriage between the man and woman persons was effected thereafter not later than ninety days as from the date of first possible opportunity to apply for registration of marriage with production of the evidence of the intention in order to have the date and place of declaration of intention to marry and the special circumstances recorded by the Registrar in the Marriage Register, the day on which declaration 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 declaration of intention.

table of contents

Prev Next