In 2020, the Thai cabinet endorsed a bill permitting a partnership registration of same-sex unions aiming the people of all genders to have equality in term of rights under marriage. This draft of partnership is only covering the people of the same sex by birth as if they have different gender it has to use the previous marriage law according to the Thai Civil and Commercial Code.
REGISTRATION OF THE PARTNERSHIP
The people who want to register the partnership according to this Bill, must be “sui juris”. The person who becomes “sui juris” according to the Civil and Commercial Code is twenty years old or by marriage. By marriage they must be seventeen years old. The next condition is on the persons who can register the partnership according to section 5 of the Bill. On this regard at least one must have Thai nationality and must follow these qualifications:
Firstly, the partnership cannot take place if one party is an insane person or adjudged incompetent.
Secondly, the partnership cannot take place if both parties have a blood relation in the direct ascendant or descendant line or brother or sister of the full or half-blood.
Thirdly, an adopter cannot be the partner of the adopted.
Fourthly, the partnership cannot take place if the one party is already the spouse or partnership of another person.
This is according to section 8 of the Bill and it is like section 1449, 1450, 1451, and 1452 of the conditions of the marriage in the Civil and Commercial Code.
When the partnership is registered the couple must maintain and support each other according to each side’s ability and condition in life. This is determined in this Bill too and it is the same as section 1461 of the Civil and Commercial Code.
PROPERTIES AND ASSETS IN THE PARTNERSHIP
H&P lawyers in Bangkok, would like to make some comments on an interesting section that is included in Chapter III on the Property of the Partnership that deterrmine the Property of husband and wife as according to the Civil and Commercial Code.
We are referring on the distinction on Personal Property that is Co-Property instead of Marital
The Personal Property consists of the property belonging to either spouse before marriage, property for personal use, dress or ornament suitable for life, or tools necessary for carrying on the profession of either spouse or property acquired by either spouse during marriage through a will or gift.
As regards to Personal Property , if it has been exchanged to other property, another property has been bought or money has been acquired from selling it, such other property or money acquired shall be Personal Property . Where the Personal Property has been totally or partly destroyed but replaced by other property or the money, such other property shall be Personal Property and Each couple is the manager of his or her Personal Property .
Co-Property consists of property acquired during the marriage, property acquired by either spouse during marriage through a will or gift made in writing if it is declared by such will or document of gift to be Co-Property, fruits from Personal Property. In case of doubt as to whether a property in Co-ownership, this not shall be presumed to be Co-Property
TERMINATION OF THE PARTNERSHIP
The bill determines the termination of the partnership likely of the termination of marriage in the Civil and Commercial Code section 1516, meaning that the partnership is terminated by death, terminate by consent, judgment to revoke, or being canceled by the Court.
The grounds of action for terminate the Partnership is the same grounds of action for divorce in the Civil and Commercial Code and these are as follows:
Firstly, the partner has given maintenance to or honored another person as wife or husband, committed adultery, or had regular sexual intercourse with such other person, such other side may enter an action to terminate the partnership.
Secondly, one of the partners is guilty of misconduct, notwithstanding whether such misconduct is a criminal offense or not, if it causes the other.
- a) to be seriously ashamed;
- b) to be insulted of hated or account of the continuance of being the other side of the partnership has committed the misconduct; or
- c) to sustain excessive injury or trouble where the condition, position, and cohabitation as the partnership are taken into consideration; the latter may enter a claim to terminate the partnership.
Thirdly, one partner has caused serious harm or torture to the body or mind of the other or has seriously insulted the other or his or her ascendants, the latter may enter a claim for terminate the partnership;
Fourthly, one partner has deserted the other for more than one year, the latter may enter a claim to terminate the partnership;
Fifthly, one partnership has been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offense committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party to sustain excessive injury or trouble, the latter may enter a claim for terminate the partnership.
Sixthly, the partner voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either partnership may enter a claim for terminate the partnership;
Seventhly, one partner has been adjudged to have disappeared, or has left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
Eighthly, one partner has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of the partnership to such an extent that the other has been in excessive trouble where the condition, position, and cohabitation as the partnership are taking into consideration, the latter may enter a claim for terminate the partnership.
Ninthly, one partner has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of partnership cannot be expected, the other may enter a claim for terminate the partnership;
Tenthly, one partner has broken a bond of good behavior executed by him or her, the other partner may enter a claim to terminate the partnership;
Eleventhly, one partner is suffering from a communicable and dangerous disease that is incurable and may cause injury to the other, the latter may file a claim to terminate the partnership.
Twelfthly, one partner has a physical disadvantage to be permanently unable to cohabit as the partnership, the other may enter a claim to terminate the partnership.
SUCCESSION
The bill allows granting every section in Book VI of the Civil and Commercial Code and the other partners who survive will be the heir and have a right like in the section 1635 in the Civil and Commercial Code that is “Section 1635 the surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided;
(1) if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children;
(2) if there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section 1629(1), there is an heir according to Section 1629(2) as the case may be, such surviving spouse is entitled to one half of the inheritance;
(3) if there is an heir according to Section 1629(4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629(5) as the case may be, such surviving spouse is entitled to two-thirds of the inheritance;
(4) if there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.”
PRESCRIPTION
The prescription of the claims between the partner has at least one year since the termination of the partnership.
In H&P lawyers opinion, most of the bill is the same or very similar as the law of marriage in the Civil and Commercial Code as the main purpose of the bill is to provide the people of all genders to gain equal rights when they enter into marriage.
If you need to talk with a lawyer on same gender partnership registration, please contact our lawyers in Thailand at [email protected]
