Category: Family Law

Betrothal Agreements under Thai Law

Under Thai law, a promise to marry creates a legally binding agreement if the groom transfers property called the khongman (a “reverse dowry” or “bride price”) to the bride after the betrothal has taken place. Therefore, as a legal contract, a betrothal gives rise to legal ramifications. According to Sections 1439 and 1440 of the […]

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Child Custody Under Thai law

| October 9, 2015 | Family Law

Aside from divorce, child custody proceedings under Thai law may arise where it is alleged that a parent or guardian is not fit or should not be allowed to exercise parental power. Specifically, Section 1582 of the Civil and Commercial Code provides that where a parent or guardian is “adjudged incompetent or quasi-incompetent, or abuses […]

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Father of the Child – Legitimization in Thailand

| January 30, 2015 | Family Law

What happens when you find out that you might be the father of a child? This scenario happens very often for visitors who come to Thailand. A visitor comes to Thailand on vacation for some fun and adventure. During his holiday, the visitor meets a local Thai girl. They spend a week having fun and […]

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Rights and Duties of a Parent and Child in Thailand

The Thai Family Code spells out the rights and duties of a parent and a child in their relationship. Under Thai law, a child born of a marriage or within 310 days of the termination of a marriage is presumed to be the child of the married couple. If the child is born outside of […]

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Marriage Between a Thai and a Westerner

| November 28, 2014 | Family Law, Marriage

What are the conflict of law issues when dealing with the marriage between a Thai national and a foreigner? When there is a dispute between the laws of multiple countries, Thailand looks at its conflict of law rules. Which court has jurisdiction over the case? Which country’s laws are used to decide the issue? Will […]

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Prenuptial agreement with clause that restricts certain behavior of the spouses during marriage

Prenuptial agreements are normally meant for couples to agree on how to divide marital or separate property in the event of divorce. However, an interesting legal issue is whether a prenuptial agreement allowed to have a clause that only restricts certain behavior of the spouses during marriage; for example, is a prenuptial agreement allowed to […]

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Divorce Scenarios for Foreign Nationals in Thailand

| September 19, 2014 | Divorce, Family Law

Siam Legal International receives several inquiries every day regarding the divorce process in Thailand. Most of these cases involve a Thai girl living in Thailand and a foreign national returning back to their native country. We will go through different variations of this fact pattern and try to address the issues. “I am a British […]

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How to get Divorced in Thailand?

| August 15, 2014 | Divorce, Family Law

Marriage is difficult. For a marriage between an American and a Thai, the differences which brought excitement and freshness into the relationship may create a chasm which prevents the couple from forming a bond during their marriage. Most of the time, the couple has just grown apart. Other times, one party’s behavior destroys the marriage […]

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Validity of Marriage Under Thai Family Law

According to Section 1495 of the Thai Civil and Commercial Code, any marriage that violates the conditions of marriage causes a marriage to be invalid. However, the Code provides that only a court judgment may determine a marriage to be invalid. Sections 1496, 1497. Therefore, an important issue that must be addressed concerns legal standing. […]

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Will marriage and divorce in Thailand be recognized in Australia?

Will a marriage in Thailand be recognized in Australia? Generally speaking, Thai marriages will be recognized under Australian law provided the parties to the marriage meet certain conditions. For the marriage in Thailand to be recognized it must have been compliant with Australian law in the following ways: Neither party at the time of the […]

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