What You Need to Know About Family Law in Thailand

In this article we will discuss the different aspects of Thai Family Law. Specifically, we will examine Prenuptial Agreements, how to register a marriage in Thailand, and how to get divorced. We'll also cover how to get a divorce and how to decide between a contested and uncontested divorce. We'll also explore what you can expect from a Thai court if you get divorced. If you are not sure how Thailand family law works, please read on to learn more about it.

 

Prenuptial Agreements in Thailand

Thai courts consider the infatuation between a couple when drafting a prenuptial agreement. This can be problematic, as the love and bond between the couple can be affected by the infatuation of one party. It is best to consult a lawyer in Thailand who can draft a Thai prenuptial agreement that will benefit both parties. It is important to ensure that the prenuptial agreement reflects the current circumstances of the couple.

When drafting a prenuptial agreement, it is important to understand how Thai laws govern these agreements. In Thailand, prenuptial agreements may not be recognized by other countries. Even if Thai law is applicable, you should still research the relevant laws before drafting an agreement. Otherwise, the law of your country may be in conflict with Thailand's. A Thai lawyer will help you avoid such a situation and draft an agreement based on the laws of the country where you are getting married.

 

Registering Marriage in Thailand

Registration is an important step in a Thai marriage. This formalizes your union as a legal and social entity. You may get married in Thailand legally through the court system, in a traditional ceremony, or even in front of your friends and family. Regardless of the mode of registration, the couple must be at least seventeen years old in order to register their marriage. In some circumstances, the court may even allow you to marry before you reach the marriageable age in your home country.

It is important to carefully prepare all documents. Even the slightest discrepancy in documents can result in the registration being rejected. Fortunately, this will not prevent you from re-applying in the future. In case you do encounter any mistakes, you must go back to the Embassy to make the corrections. It could take several trips to get the paperwork right. However, if you plan your wedding well, the paperwork will go smoothly.

 

Getting Divorced in Thailand

Getting Divorced in Thailand is a difficult and expensive process. The divorce procedure is most commonly based on adultery or a husband not living with his wife for more than a year. Both parties must be present during the divorce proceedings in order to obtain a valid divorce. If both parties cannot agree on a divorce agreement, they may need to go to court to have it signed. In such cases, divorce documents must be drawn up by an attorney and signed by both parties.

Once both parties agree on a divorce settlement, the next step is filing the petition for divorce with the Family Court. The Court does not automatically execute the divorce judgment, but acts as a mediator between the opposing parties. If no agreement is reached, the court will end the marriage. The petitioner bears the burden of proof in the divorce process and must inform the Registration Office of the divorce. However, if the couple cannot agree on a divorce settlement, they must attend court to have the case docketed.

 

Contested vs Uncontested Divorce in Thailand

Thailand offers two divorce forms: contested and uncontested. Both forms have their own legal requirements, and there is a significant difference in the legal process. A contested divorce in Thailand is a marriage ending through agreement and disagreement. Uncontested divorces are much easier to obtain than contested divorces, but each type has its advantages and disadvantages. Here are some important facts about contested and uncontested divorces in Thailand.

A divorce by mutual consent requires the consent of both parties, which means the husband and wife have agreed to dissolve their marriage. To begin the process, a couple seeking to dissolve their marriage must register their divorce at the province or district office where the marriage was registered or in the province where the Thai couple lives. They must bring certain documents, including the marriage certificate and Thai national ID, and the marriage-related settlement must be filed with the Register Office officer.

 

Hiring a Thai Family Lawyer

Thailand family law encompasses any issue pertaining to a family, including marriage, divorce, and child adoption. Thai law differs from the laws of many other countries, which is why foreigners living in Thailand should consult a Thailand family lawyer before proceeding with any of these matters. The Thai legal system is based on the civil law of Europe, with primary influence coming from the French system. The Civil and Commercial Code covers all aspects of marriage, adoption, and domestic and international property division.

Before choosing a Thai family lawyer, make sure to do a thorough Internet search and ask for recommendations from friends and relatives. Type in the areas of law that concern you and note down any positive results. After narrowing the list to a few names, verify that they are certified to practice in Thailand and are in good standing with legal governing bodies. After this, hire a Thai family lawyer with an excellent reputation. To find a family lawyer who is reputable, read client testimonials and the legal code of the country you live in.