In more detail
Family law in Thailand has a rich and evolving history, reflecting the nation's distinct cultural and societal values. Initially, the law embraced polygamy, permitting a man to have multiple wives. Later, modern Thai law adopted monogamy, restricting marriage to a union between a man and a woman. Same-sex marriage was not recognized, primarily because the traditional objective of marriage was procreation. This notion was also reflected in a significant ruling by the Constitutional Court of Thailand in 2017. However, societal shifts towards inclusivity began to emerge following the legalization of same-sex marriage in the Netherlands in 2001. This sparked calls for change in Thailand, culminating in the successful enactment of the Marriage Equality Law more than two decades later.
The Marriage Equality Law is characterized by its simplicity – the term "a man and a woman" has been changed to "two individuals," and the term "husband and wife" has also been universally replaced with "spouses." This signifies that the rights, responsibilities and liabilities previously attributed to a husband and a wife under the old law are now applicable to married couples, irrespective of their biological sex. However, certain provisions that naturally apply only to a man and a woman remain unaltered. This Marriage Equality Law is designed to ensure that all individuals, regardless of their biological sex, are granted the same fundamental rights in marriage under the Civil and Commercial Code.
Key changes
- Marriage and family formation without biological sex limitations
The Marriage Equality Law advocates for a pivotal shift in the definition of marriage as a partnership between two individuals, replacing gender-specific terms such as "men," "women," "husbands" and "wives" with gender-neutral language as appropriate. This change ensures that spouses have equal rights and responsibilities in their relationship, regardless of biological sex. For example:
- Division of personal assets and marital assets
- Mutual care responsibilities
- Rights to receive reasonable support and proper care from the other spouse
- Inheritance rights
- Rights to seek compensation for adultery
- Catch-all provision
The Marriage Equality Law universally specifies that spouses who legally register for marriage will be entitled to rights and subject to obligations under any laws and regulations that establish the rights and obligations of a husband and a wife or spouses, regardless of whether the terms used in other laws are changed to align with the Marriage Equality Law. For example, under Section 20 of the Workmen's Compensation Act B.E. 2537 (1994), a husband or a wife is entitled to compensation from the employer of their partner who died during a performance of work. Moving forward, this provision will apply to all spouses.
- Betrothal
Traditionally in Thailand, only a man could propose marriage to a woman by giving property to her as evidence. This is called "Betrothal." Under the Marriage Equality Law, a person, regardless of biological sex, can propose marriage under the concept of "Betrothal."
- Age for marriage
The minimum age for marriage is changed from 17 to 18 to comply with the Child Protection Convention. This change is not directly related to a gender issue, but Thailand is taking this opportunity to modernize the law and align it with child protection principles.
- Cause for divorce
The Marriage Equality Law recognizes affairs with individuals, irrespective of their biological sex, as a valid ground for divorce or compensation claims.
Interesting issues
- Marital asset management
Couples should prepare to embrace the responsibilities and liabilities that come with marriage, especially concerning asset management. Prenuptial agreements and wills are tools worth considering for planning and protecting marital assets.
- Decision on medical treatments and health services
When a spouse is in a stage where they cannot make medical decisions, e.g., a vegetative stage, the other spouse is entitled to make such decision on receiving or refusing medical treatments on their behalf.
We note that the concept of a "Living Will" under Thai law allows individuals to specify their wishes for medical treatment in advance, ensuring their spouse can make informed decisions during difficult times.
- Incapacitated statuses
If a spouse is incapacitated, the other spouse can be appointed as their legal guardian or curator. Couples should be aware of this provision and prepare accordingly to protect their spouse's best interests.
The enactment of the Marriage Equality Law demonstrates Thailand's dedication to fostering an environment of inclusivity, celebrating diversity and upholding the principles of equality.
For further information, please contact us.
