Is there a waiting period between a divorce and new marriage?

Does anyone know the answer? My fiancee just comes out of a previous marriage. We are planning to marry but now someone told us we cannot marry within a period of 1 year after her divorce? The court issued the formal divorce decree about 3 months ago.
Asked 4 years ago
RC

Like it on Facebook, +1 on Google, Tweet it or share this question on other bookmarking websites.

Basically there is a waiting period of 300 days in Thailand after the divorce of your fiancee is final or the death of her previous spouse before being allowed to remarry. The reason for this is to avoid children from a previous marriage to be born in the next marriage. If you do not want to wait your fiancee must undergo a pregnancy tests by a licensed doctor. He must certify the negative pregnancy result and this must be presented to the official registering the marriage.
Answered 4 years ago
Consultant

Actually it is 310 days and it can be found in section 1453 Civil and Commercial Code of Thailand - Chapter II Conditions of Marriage.

Section 1453:

In case of the woman whose husband died or whose marriage has become terminated, the marriage can only take place if not less than three hundred and ten days have elapsed since the termination of her previous marriage; unless:

  1. a child has been born during such period;
  2. the divorced couple remarry;
  3. there is a certificate issued by a qualified doctor who is a lawful physical practitioner in medicine showing that the woman is not pregnant;
  4. there is an order of the Court allowing the woman to marry.

Further in the Civil Code, Title II 'Parent and Child', Chapter I 'Parentage', section 1536. A child born of a woman during wedlock or within three hundred and ten days after the termination of her marriage is presumed to be the legitimate child of the husband or the man who used to be the husband, as the case may be. The provisions of paragraph one shall apply to a child born of a woman before the marriage has been pronounced void by the final judgment of the Court, or within three hundred and ten days as from the date of such final judgment.

Answered 4 years ago
Rob

Please register/login to answer this question.  Click here to login

checkout

Your cart is empty
thai house and ownership deeds and official land and house documents

Q&A land laws in Thailand

Thai contracts

Common questions about real estate, land ownership laws...

Read More

marriage and contract

Q&A marriage laws

Thai contracts

Common questions about marriage in Thailand

Read More

Q&A about lease

Thai contracts

Common questions about tenancy and lease in Thailand

Read More

Q&A about condos

Thai contracts

Common questions about condos and apartments in Thailand

Read More

Q&A limited company

Thai contracts

Common questions about limited company registration in Thailand

Read More

We have 145 guests and no members online

search thaicontracts

กฏหมายไทย isn’t simple!

Thai Contracts by real lawyers with real experience