NACC’s new cohabitation rules without marriage registration
The National Anti-Corruption Commission (NACC) has introduced new criteria regarding cohabitation without marriage registration, effective on January 22.
The Royal Gazette published these guidelines, signed by Sucahart Trakul Kasemsuk, the NACC chairman. The new guidelines categorise people living together as spouses under three main circumstances, aligning with the amended Civil and Commercial Code.
This update, titled Criteria for People Cohabiting as Spouses Without Marriage Registration (No. 2) B.E. 2568, replaces the previous 2561 guidelines. It ensures consistency with the revised Civil and Commercial Code (No. 24) of 2567. The key changes involve repealing Clause 3 of the 2561 guidelines and implementing the new criteria.
The new regulations specify that people cohabiting with a state official without marriage registration, under certain conditions, are considered spouses under sections 102 and 126 of the Organic Act on Anti-Corruption B.E. 2561. These conditions include:
1. Conducting a marriage ceremony or a similar event with a state official, acknowledged by family or others, reflecting a traditional marital status.
2. The state official presenting themselves as married or being widely recognised by the public as such. This includes people who have registered and subsequently divorced but still publicly exhibit a marital status.
These guidelines seek to clarify the status of people cohabiting without formal marriage registration, reflecting societal and legal recognition of such relationships, reported KhaoSod.
In similar news, a new regulation from the Ministry of Interior concerning family registration was published in the Royal Gazette on January 20 in preparation for the equal marriage bill set to be enacted on January 23.
The Ministry of Interior Regulation on Family Registration (No.4) 2025 aims to include same-gender families, whether engaged or married, as explained by deputy government spokesperson Karom Polpornklang.
The updated regulation replaces terms like “man,” “woman,” “husband,” “wife,” and “husband and wife” with more inclusive terms such as “person,” “fiancé,” “fiancée,” and “spouse.”
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