Annulment in Thailand

The legal concept of “Annulment” is a legal proceeding that declares a marriage void, meaning that it never legally existed.  In Thailand actions to declare a marriage "void" would normally need to be decided through a court action in the form of a complaint applied to the Thai Family Court. Thai Family law declares a marriage either “void” or “voidable”, as follows:  

Void Marriages

A marriage may be declared void – in that it is treated as though it never legally existed in Thailand – under the following conditions:

• Incest - The parties are descendents of each other, or are brother or sister (either full or half).
•  Insanity – One or both parties is insane or incompetent and was at the time the marriage ceremony took place.
• Lack of registration – The parties failed to register their marriage at the appropriate district office. Note that marriages that are celebrated as religious ceremonies in the Kingdom of Thailand are therefore void until the parties in question register their marriage appropriately.
•  Pre-existing marriage – One or both of the parties was married to a third party at the time of the marriage ceremony.

In order for a marriage to be declared void, a court must issue an order citing that the marriage is void for the above reasons.

 Depending on the circumstances of the marriage in question, various affected parties may apply for a court order declaring a marriage void. In the case of a pre-existing marriage, both spouses of a bigamous spouse may apply to declare a marriage void, as may both sets of parents affected by the marriage. Thailand law allows for a marriage to be declared void if the marriage was entered in good faith – the affected spouse was unaware of any of the pre-existing conditions at the time of the marriage.

In general, a void marriage differs from divorce in that the marriage in that it is determined to never have legally existed.  This may have an effect with regard to assets of the marriage and how they are divided. This may also have an effect to other legal issues such as paternity and inheritance.

Voidable Marriages

Voidable marriages differ from void marriages, in that a voidable marriage is one that is valid until it is declared otherwise, while a void marriage is considered by Thai law to have been invalid from the beginning. Furthermore, a marriage may only be dissolved by Thai courts on the basis of being voidable if a petition to do so is made within a certain time limit.

A marriage may be dissolved if it is declared voidable under the following conditions:

• Age: Under Thai law, both parties must be at least 17 years of age; parties between the ages of 17 and 20 may only marry with the consent of a parent. If the parties in question do not fit these age specifications, both they and their parents may apply to the court to dissolve the marriage within a year, before the spouse in question turns twenty, or before the woman in question becomes pregnant as a result of the marriage.
• Mistaken Identity  - If one spouse misrepresents their identity to another spouse in order to facilitate the marriage, the deceived spouse may submit a request for the marriage to be cancelled within 90 days of the marriage’s registration.
• Fraud – If one spouse misrepresents their financial status or personal background to facilitate the marriage, the deceived party has 90 days from the time of learning reality of the marriage to request that the marriage be cancelled, or 1 year from the date of the marriage, whichever occurs first.
• Force – If one party is forced into a marriage, under physical or mental duress, they have until 1 year after the marriage to apply for the marriage to be dismissed.