The National Anti-Corruption Commission (NACC) has issued “Criteria for People Cohabiting as Spouses Without Marriage Registration (No. 2) B.E. 2568,” which primarily affects state officials and their unregistered partners. This regulation enhances financial transparency and closes legal loopholes related to asset declaration and anti-corruption measures. It officially took effect in 2025, replacing the earlier version issued in B.E. 2561. The update aligns with the Civil and Commercial Code (No. 24) B.E. 2567, particularly regarding financial transparency and anti-corruption measures for state officials.
Under the revised criteria, individuals cohabiting as spouses—without formal marriage registration—may be legally recognized if they meet specific conditions. The key requirements include:
1. Recognition of Cohabiting Partners
The law formally acknowledges couples who live together as spouses without marriage registration, particularly when one partner is a state official. This recognition falls under Sections 102 and 126 of the Organic Act on Anti-Corruption B.E. 2561, aiming to prevent financial disclosure loopholes.
2. Criteria for Recognition as Spouses
Unregistered partners may be recognized as spouses if they meet specific conditions, such as:
- Public or Ceremonial Recognition: A traditional marriage ceremony or an event acknowledged by family or society may serve as evidence of spousal status.
- Public Representation: If a state official consistently presents their partner as a spouse—whether in official documentation or social contexts—the partner may be subject to the same legal obligations as formally married individuals.
This regulatory update strengthens anti-corruption safeguards by ensuring that cohabiting partners of state officials adhere to asset disclosure and financial transparency requirements.