Category: Family Law
Under Thai law, a divorce can be affected by mutual consent or by the judgment of the Court. Divorces made by mutual consent must be in writing and certified by the signatures of at least two witnesses. The divorce statement must contain the terms of the divorce and file at the place where the marriage is registered. The couple must bring the signed divorce agreement, original marriage certificate, and government identification documents to the Amphur when filing the divorce.
If the divorce is through the court system, there must be grounds for the divorce action. The parties can file a petition for divorce and the petition must allege one of the grounds for divorce stated in Grounds for Divorce Section 1516 of the Thai Civil and Commercial Code.
The Law at Present Article 301 of the current Criminal Code outlaws all abortions except when the pregnancy endangers the woman’s physical or mental health, she is less than 15 years old or a victim of rape, or when the unborn child is proven to possess serious deformities or disabilities. It imposes maximum imprisonment of […]
In April 1988, the United Kingdom introduced amendments to its Family Law on the recognition of divorces granted to its citizens by foreign jurisdictions such as divorces granted in Thailand. The amendments set standards for the recognition of divorces obtained by means of proceedings, as well as those obtained by means other than by means […]
After a divorce in Thailand where there is mutual consent, the terms of divorce may be attached to the divorce certificate and has legal force according to Sections 1566(4) and 1520 paragraph 1 of the Civil and Commercial Code. If the couple has children, then the most important term that is agreed to by the […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]