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ResourcesThai Civil and Commercial CodeBook5Book V Family Title II Parent and Child Chapter I Parentage

Book V Family Title II Parent and Child Chapter I Parentage

Page: 200

Section: 1532 - 1537

Section 1532.- After the divorce, the property of the husband and wife shall be subject to liquidation.

But as between the spouses,

                  (1) In case of divorce by mutual consent, the liquidation shall apply to the property of the husband and wife as it was on the date of registration of divorce ;

                  (2) In case of divorce by judgment, the liquidation shall apply to the property of the husband and wife as it was on the day when the action for divorce was entered in Court.

 

Section 1533.- Upon divorce, the Marriage Portion shall be divided equally between the man and woman.

 

Section 1534.-Where either of the spouses has made disposal of the Marriage Portion for own exclusive benefit, or has made disposal thereof with an intention to cause injury to the other, or has made disposal thereof without the consent of the other  spouse in the case where such disposal is required by law to have consent of the other, or has wilfully destroyed it, shall, for the purpose of the division of the Marriage Portion under Section1533, be regarded as if such property had still remained. If the share of the Marriage Portion that the other spouse will receive is not complete to what the man or the woman should have received, the party at fault is required to make up for the arrears from own share of the Marriage Property or own Separate Property.

 

Section 1535.- When the marriage has come to an end, the man and woman shall be liable for common debts equally.

 

TITLE II

PARENT AND CHILD

CHAPTER I

PARENTAGE

 

Section 1536.- A child born of a woman during the marriage or within three hundred and ten days after the termination of the marriage shall be presumed to be the legitimate child of the husband or the man used to be husband, as the case may be.

The provisions of the first paragraph shall be applied to the child born of a woman before the marriage has been announced void by the final judgment of the Court, or within three hundred and ten days as from the date of the said final judgment.

 

Section 1537.- In case where the woman had remarried contrary to the provisions of Section 1453, and gave birth to a child within three hundred and ten days as from the day of the termination of the marriage, the child shall be presumed to be the legitimate child of the new husband, and no presumption under Section 1536 saying that the child is the legitimate child of the former husband shall apply, unless there is a judgment pronouncing that the child is not the legitimate child of the new husband.