Category: Family Law
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 […]
Divorce Scenarios for Foreign Nationals in Thailand
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 […]
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. […]
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 […]
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 […]
U.S. Citizen Adopting a Thai Child
Like the U.S., Thailand is a member of the Hague Convention on Protection of Children and Co-operation in Respect to Intercountry Adoption so you must follow the convention process to adopt the child and bring him or her to the U.S. The convention process includes: Choosing an accredited adoption service provider; Applying to be found […]
How to Marry in Thailand
Thailand is a beautiful country and a wonderful place to get married. Foreigners planning to marry in Thailand are free to marry other foreigners or Thai nationals. They can also register their marriage in Thailand which is recognized by most foreign countries. While a variety of religious marriage ceremonies are available in Thailand, a Thai […]
Thailand Prenuptial Agreement
A prenuptial agreement, or “prenup”, is a contract a couple makes with each other before they get married. It is also known as an ante-nuptial agreement or a premarital agreement. The purpose of a prenuptial agreement is to set out in writing which property is owned by which spouse and decide in advance how the […]
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 […]
Importance of Dowry in Thai Marriage
Deeply rooted in Thai culture is the system of showing respect to the parents and family of the Thai bride by proving that the groom can fully support his would-be wife, be a good provider and husband. This is through the so-called Thai Dowry system, more commonly known as “Sin Sodt”. This system has been linked […]
