Marriage in Thailand is legally recognized once properly registered at the local district office. Under Thai law, a betrothal (engagement) is legally recognized and governed by the Civil and Commercial Code. A betrothal agreement may give rise to legal rights and obligations, particularly in cases where one party breaches the agreement.
As of 23 January 2025, marriage laws in Thailand are gender-neutral following the amendment under the Marriage Equality Act. The following principles apply equally to two individuals entering into a betrothal or marriage.
Dowry (สินสà¸à¸” / Sin Sod) remains an important cultural practice in many Thai marriages. Although it is not legally required for marriage registration, it is commonly given as a traditional gesture of respect and financial readiness.
Sin sod is typically presented to the family of one party during the engagement or wedding ceremony. Its purpose is cultural rather than legal, and it does not affect the validity of a registered marriage.
For a betrothal agreement to be legally valid in Thailand:
If these conditions are not met, the betrothal may be void or unenforceable.
If a valid betrothal has taken place and one party unjustifiably refuses to proceed with the marriage, the injured party may claim compensation.
Thai law allows the following remedies:
Compensation may be claimed for:
This may include expenses incurred by the betrothed parties or their parents.
Property given as engagement property (known as khongman) becomes the property of the receiving party once the betrothal is validly made.
However:
The court has discretion to determine whether the engagement property constitutes full or partial compensation.
If the marriage does not take place due to fault attributable to one party, the other party may claim return of the sin sod.
Whether sin sod must be returned depends on the circumstances of the breach and the court’s assessment of responsibility.
Under the Civil and Commercial Code, a 310-day waiting period may apply in certain cases where a previously married spouse wishes to remarry.
This rule exists due to the legal presumption of parentage under Thai law.
However, the waiting period does not apply if:
The purpose of this provision is to prevent disputes regarding the legal father of a child.
While betrothal agreements are often viewed as cultural traditions, they can create enforceable legal obligations under Thai law. Issues involving breach, dowry disputes, or engagement property can lead to formal claims before the Thai courts.
If you require legal advice regarding a betrothal agreement, sin sod dispute, or marriage registration in Thailand, our legal team can provide clear and practical guidance based on your specific circumstances.
Contact Magna Carta Law Firm for professional legal assistance in Thailand.
Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Laws and procedures regarding marriage in Thailand may change. Please consult a qualified Thai lawyer for advice specific to your situation.
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