Plural Marriage in Thailand is prohibited
How many girlfriends or boyfriends do you have when you were a teenage? This question is very normal. Right? What about the question “how many wife or husband do you have?” Having wives or husbands is immoral in Thailand while you already have one. Family law also does not support this kind of situation. However, the family law of Thailand protects right and duty between men and women when they are married legally.
Under Section 1452 of Civil and Commercial Code, “A marriage cannot take place if the man or woman is already the spouse of another person.” Therefore, the second marriage is prohibited by law. The second marriage is called “Plural Marriage.” Most people misunderstand that just say goodbye to his or her spouse, the marriage is terminated, and you can find new wife or husband. It is not like that. Be remembered that marriage is terminated only by death, divorce or being cancelled by the Court. Whenever the second marriage takes place while the first one still exists, the second one is always prohibited by law, though the first marriage ceases to exist because of death, divorce or being cancelled by the Court.
Under Section 1495 is said that the plural marriage shall be void. That means the second marriage takes no effect to law and cannot be ratified. In addition, any interested person may allege or apply for a judgment. So, I recommend that you allege the second marriage immediately when you know. However, unlike an allegation by submitting an application to the Court, an allegation by yourself takes effect only to your spouse, not including the third party until the registrar records such allegation.
Let’s see an example
Mr. Peter and Mrs.Susan get married legally under Thai law. Then Peter has an affair with Miss. Somsri and finally they both get married. Though Somsri does not know that Peter already have a wife, the marriage between she and Peter is void. When Susan knows the fact, she goes to see the registrar and allege the unlawful second marriage to the registrar. The outcome after telling the registrar will be as follows:
- The marriage registration between Peter and Somsri is void since the first date of registration
- Peter may be charged because he is giving false information to the registrar, and such false information is likely to cause injury to any person or the public. If Somsri already has known that Peter has a wife before the marriage registration date, Somsri may be charged with the same ground
- If Peter gives a house bought by the money of Peter and Susan to Somsri, Susan has a right to get back for only half price of the house. Furthermore, if Somsri get another nationality due to the marriage with Peter, she has the right to hold such nationality.
- Susan has the right to submit an application to the Court for divorce and claim for compensation on the ground that peter has given maintenance to or honored such other woman as his wife.
- In addition, under section 1498 is said that the void of marriage will not create property relation between husband and wife. So, if Peter or Somsri acquires or possess property as well as fruits thereof before or after the marriage, such property remains as that party’s property. Except for the property earned together, such property shall be divided equally.
- If Peter is dead, the second marriage between Peter and Somsri cannot make her become a statutory heir. In other words, she has no right to inherit Peter.
However, when Somsri acts in a good faith, she may claim for compensation as well.
See! The action of Mr.Peter affects not only his wife and new wife but also make our society worse.
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Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.