As part of Thailand’s continued efforts to align its legal framework with principles of equality and inclusion following the Marriage Equality Act, a significant step has been taken to eliminate gender-based limitations in the legal definition of spousal cohabitation. The National Anti-Corruption Commission (NACC) has issued Regulation No. 2 (B.E. 2568/2025), which expands the scope of “spousal cohabitation” to include non-marital partners, regardless of gender. The regulation sets out clear criteria for identifying committed cohabiting relationships and extends spousal obligations and responsibilities—previously applied only to heterosexual couples—to partners of state officials in same-sex or non-marital relationships.
Earlier this year, our firm published an article highlighting the enactment of the Marriage Equality Act, a historic step forward in recognizing same-sex partnerships under Thai law. That article also noted ongoing challenges for couples who cohabit but have not registered their marriage, particularly in contexts where gendered legal terminology such as “husband” and “wife” may limit recognition of LGBTQ+ relationships.
The newly issued NACC Regulation No. 2 (B.E. 2568/2025) addresses one such gap. It replaces outdated, gender-specific references with the more inclusive term “spouse” and extends recognition to cohabiting partners of state officials, so long as certain conditions are met. In doing so, the regulation reflects not only the spirit of the Marriage Equality Act but also the government’s continued efforts to ensure fairness and inclusivity across all areas of public administration and governance.
The regulation adopts the term “spouse” in place of “husband” and “wife” and applies this broader definition to relationships involving cohabitation without marriage registration. Under the Organic Act on Anti-Corruption B.E. 2561 (2018), this means that cohabiting partners may now be treated as legal spouses for the purpose of compliance with financial disclosure requirements and conflict-of-interest rules applicable to state officials.
A cohabiting partner of a state official may be recognized as a spouse under the regulation if any of the following criteria are met:
- Traditional Ceremony – The couple has held a traditional wedding ceremony or similar rite, and their relationship is acknowledged by family or the community as equivalent to a marital partnership;
- Public Presentation – The state official publicly presents their partner as a spouse, or the relationship is widely recognized in society;
- Post-Divorce Cohabitation – The individuals were previously married, later divorced, but have continued to live together in a spousal-like relationship that is publicly acknowledged.
These criteria provide a practical framework for identifying spousal cohabitation and supporting legal obligations that rely on an accurate understanding of personal relationships.
While this regulation primarily applies to state officials, it could have wider significance, including in capital markets regulation. Under Section 59 and 244 of the Securities and Exchange Act B.E. 2535 (1992), the spouse or cohabiting partner of a person in possession of shareholdings or insider information may be presumed to share access to such information, especially if trading behavior appears abnormal.
Until now, a lack of clarity around the term “spouse” in cases involving long-term same-sex or non-marital cohabitation has left interpretive gaps in enforcement. If the Securities and Exchange Commission (SEC) were to adopt guidelines that mirror the NACC’s inclusive approach, it would promote regulatory consistency, support enforcement clarity, and further Thailand’s commitment to equality under the law.
Conclusion
The NACC Regulation No. 2 (B.E. 2568/2025) is a meaningful step forward in ensuring legal recognition of committed partnerships—regardless of gender or marital status—within the public sector. It serves as both a complement to and extension of the Marriage Equality Act, reaffirming Thailand’s progress toward a more inclusive legal framework that reflects the diversity of personal relationships in today’s society.
As future legislation and regulatory guidance are developed, aligning legal definitions and interpretations across sectors will be key to fully realizing the promise of equality. Our firm will continue monitoring developments in this space and stands ready to assist clients navigating the implications of these important changes.