chapter 6. other concepts relating to sex - Windward Community ...

Current laws relating to family, marriage, and sex are irregularly enforced. Crimes
relating to private matters are investigated only if someone makes a complaint. Thai family law
requires that individuals be at least 17 years old to get engaged, or if they are underage, they must
have the permission of both their mother and father. 10 A couple is recognized under the law as
engaged when the man commits to the woman or her family his assets. 11 Engagement laws apply
to both men and women. Engagement is a contract and once in place is regarded as the first step
in marriage, not separate from it. For example, the bride wealth does not need to be returned in
the event of either party's death after engagement; it is handled as if the couple were married.
Those who share one or more blood parents, or are the adopted children of the same parent, are
not allowed to marry. Individuals may only be married to one living person. A woman must wait
310 days after a divorce or after being widowed to marry again for paternity considerations. Any
children born during this time are considered her ex-husband's.
The marriage laws are consistent with students' understanding of marriage. However,
bridewealth, though still given in Isan, is not required to cement an engagement. Couples have
more independence and may simply decide to marry, though approval of the families is very
much preferred. 12
Husbands and wives are required by law (section 1461) to live together and help and care
for each other as their abilities and status allow. It is, however, not uncommon for circumstances
to require a husband and wife to live apart. If a man or woman is in mental or physical danger he
or she has the right to ask to be separated from the danger, and the one who caused the
endangerment can be fined by the court. When a marriage is dissolved, each party is entitled to
10 Illegal early marriages are not generally noted as a problem in Thailand.
11 If either party violates the understanding of the engagement, the other party can void the agreement, and
the property must be returned. While attending a wedding in a village in Khon Kaen Province, Lefferts
(2003, personal communication) asked about this and was told that if he changes his mind, the groom
forfeits the brideprice. If the bride changes her mind, she must repay it twofold.
12 In the survey, only 15% of male respondents and 4% of female respondents would marry someone who
was unacceptable to their parents.
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