Thai Law Database Online

A  Betrothal law in Thailand

            Even though betrothal is not required before marriage under Thai law, most couple chooses to engage each other before they get married legally. The question is that how to engage legally under Thai law.

Under Civil and Commercial Code of Thailand, section 1435 “A betrothal can be effected only when the man and woman have completed their seventeenth year of age”

            Therefore, a betrothal can take an effect when only both man and woman have completed their seventeenth year of age. Whenever either man or woman has his/her age below 17 years old, a betrothal will be void. On the contrary, though both men and women have completed their seventeenth year of age, but still less than twenty years old (“A minor”), both need to get the consent from his/her parents, otherwise the betrothal just becomes voidable.  However, the betrothal does not give right to either the man or woman to take an action for compulsory performance.

            Under a betrothal law of Thailand, no any form of betrothal is required.  However, the law requires that the man gives or transfer the property (called “Khongman”) to the woman as evidence that the marriage shall take place. Therefore, if the man does not give or transfer Khongman to the woman on the date of betrothal, the betrothal is not completed. For example, the man is poor, but really would like to engage the woman. The man does a loan agreement to the woman and promise that the man will pay for the woman as Khongman.  The loan agreement in the example is not called Khongman because the loan agreement is not property given or transferred on the date of betrothal.

            Now, when a betrothal becomes effective under Thai law, both a man and a woman have to keep their promise, that is they need to get married. What happen if either a man or a woman changes his/her mind? Of course, the law does not allow either party to take an action for compulsory performance under the betrothal agreement. Even though there is a clause of penalty in case of breach of the betrothal agreement, the clause is void. Don’t worry! Under Civil and Commercial Code, section 1440 is said that if either party commits a breach of the betrothal agreement, such party shall be liable to make compensation.  The compensation which may be claimed is 1) for injury caused to the body or reputation of the man or woman, 2) for appropriate expenses or debt incurred in good faith by the betrothed, his or her parents or a person acting in the capacity of his or her parents in preparation for the marriage, 3) for damage suffered by the man or woman through having taken appropriate measures affecting his or her property or other affairs relating to his or her occupation or earning in expectation of the marriage.

            In conclusion, although a betrothal has no power to bind a couple to get married surely, the betrothal has an effect to a couple’s mind in that they will love each other as long as they can or either party changes his/her mind.

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