Category: Divorce

Thai Family Law: How to Parent with Child Custody

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 have children, then the most important term that is agreed to by the […]

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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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Will a Thai prenuptial be recognized in Australia?

Prenuptial agreements in Australia are referred to by Australian legislation as “binding financial agreements” rather than prenuptials in Thai law. Financial agreements have been introduced into Australian law relatively recently comparative to other Australian family law legislation, through Part 90 of the Family Law Act in 2000. This sets out the various conditions under which […]

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Recognition of Foreign Divorce in Thailand for US Citizens

There is a great number of Americans married to foreigners.  As such, there are also numerous divorces applied for and granted to Americans in foreign jurisdictions. There is no legal obligation for states to recognize foreign judgments of divorce issued by other countries.  However, most states in the US recognize divorces granted to its citizens […]

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Grounds for Divorce in Thailand

When the marriage has turned the other way and no matter how much effort the spouses exert to keep the marriage intact, there are times when nothing will work and the best solution the spouses feel is the right thing to do is file a divorce. This resort is accepted in Thailand and there are […]

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Allowed Provisions in a Prenuptial Agreement in Thailand

A reading of the Thai Civil and Commercial Code on property between husband and wife will tell us what provisions are not allowed to be included in a prenuptial agreement in Thailand. To start with, the Thai CCC gives a general qualification that any clause in the agreement which is contrary to public order or […]

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Guideline to Foreigners Getting Married in Thailand

A great number of foreigners have been flying to Thailand to celebrate and register their marriage in the Land of Smiles.  Some would be marrying their Thai sweethearts, while some would go to Thailand to marry their likewise-foreigner fiancee.Whatever the partnership may be, a little coaching for the foreign party will probably do good help. […]

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