Family - Attorneys in Phuket

Filing of Divorce in Thailand

Posted February 26, 2024by Phuket AttorneysLeave a comment

Dissolving a marriage in Thailand can be a complex and emotional process. Understanding the legal framework and procedures involved in filing for divorce is crucial for navigating this challenging experience. This guide delves into the two primary methods of divorce in Thailand – uncontested (administrative) divorce and contested (judicial) divorce, outlining the key aspects, requirements, and potential considerations for each.

Understanding the Grounds for Divorce in Thailand:

Thai law recognizes several grounds for divorce, including:

Adultery: One spouse has committed adultery.
Desertion: One spouse has deserted the other for more than a year without reasonable cause.
Cruelty: One spouse has inflicted physical or mental cruelty on the other.
Mutual consent: Both spouses agree to dissolve the marriage.
Incurable insanity: One spouse has been diagnosed with incurable insanity for at least three years.
Uncurable, communicable, and dangerous disease: One spouse has contracted an incurable, communicable, and dangerous disease.

Uncontested (Administrative) Divorce:

This method is the quicker and simpler option, available only if both spouses agree to the divorce and have no disagreements regarding child custody, property division, or other related issues.

Requirements and Process:

Both spouses must be present at the district office where their marriage was registered.
Original marriage certificate and identification documents of both spouses are required.
A divorce agreement outlining the terms of the separation, including child custody and property division (optional).
No waiting period is required. Upon agreement and completion of necessary paperwork, the divorce is finalized.

Contested (Judicial) Divorce:

This method is necessary when one or both spouses disagree on the terms of the divorce, including child custody, property division, or other aspects. It typically involves a longer and more complex legal process.

Requirements and Process:

Filing a petition for divorce with the appropriate court, stating the grounds for divorce and desired outcome regarding child custody and property division.
Serving the petition to the other spouse.
Attending court hearings and presenting evidence to support the claims.
The court will issue a judgment on the divorce, including provisions regarding child custody, property division, and any other relevant matters.

Additional Considerations:

Foreigners: The process for foreigners may involve additional complexities. Seeking legal guidance from an attorney experienced in Thai family law is highly recommended.
Child Custody: If children are involved, the court will determine their custody arrangements based on their best interests.
Legal Representation: Consider seeking legal representation from a qualified lawyer who can guide you through the legal process, protect your rights, and ensure a fair and efficient resolution.

Conclusion:

Understanding the available options and their respective requirements is crucial for navigating the divorce process in Thailand. While an uncontested divorce offers a faster and simpler option, seeking legal advice from a qualified lawyer is crucial, especially in contested cases, to ensure a smooth and legally sound resolution that protects your interests and the well-being of any involved children. Remember, this guide offers a general overview, and it is essential to consult with legal professionals for specific advice regarding your individual circumstances.

Prenuptial Agreements in Thailand

Posted June 8, 2023November 9, 2023by Phuket AttorneysLeave a comment

Prenuptial Agreements in Thailand. Marriage is a sacred bond that unites two individuals in love and commitment. However, amidst the excitement and anticipation, it is essential to address practical matters such as financial security and asset protection. In Thailand, prenuptial agreements have gained significant importance in recent years. These legally binding contracts allow couples to define the distribution of their assets in the event of a divorce, safeguarding their individual interests and promoting clarity. In this article, we will explore the significance of prenuptial agreements in Thailand, their legal framework, and the benefits they offer to couples entering into marriage.

Understanding Prenuptial Agreements: A prenuptial agreement, commonly referred to as a prenup or premarital agreement, is a contract signed by a couple before their marriage. Its purpose is to establish how assets, debts, and other financial matters will be divided in the event of divorce, separation, or death. Prenups are designed to provide clarity, reduce conflicts, and protect the interests of both parties.
Legal Framework in Thailand: In Thailand, prenuptial agreements are governed by the Thai Civil and Commercial Code (CCC). According to the CCC, a prenuptial agreement must be in writing, signed by both parties, and certified by the district office or authorized notary public. The agreement can cover various aspects, including the division of property acquired before and during the marriage, spousal support, inheritance, and any other relevant financial matters.
Benefits of Prenuptial Agreements: Prenuptial agreements offer several advantages to couples contemplating marriage in Thailand. Here are some key benefits:

Asset Protection:

Prenups help protect each party’s assets acquired before and during the marriage, ensuring a fair distribution in case of divorce. This can be particularly important for individuals with significant assets or family inheritances.

Clarity and Communication:

Creating a prenuptial agreement requires couples to have open discussions about their financial expectations and responsibilities. This process promotes transparency and helps build a solid foundation for the marriage.

Reduced Conflict:

Divorce can be emotionally and financially draining. A prenuptial agreement can mitigate potential conflicts by establishing clear guidelines for asset division, potentially saving couples from lengthy legal battles.

Preserving Family Wealth:

Prenuptial agreements can be especially relevant for couples in Thailand who want to protect family businesses, heirlooms, or other assets that hold sentimental or cultural value.

Protection from Debts:

A prenup can safeguard individuals from being responsible for the debts accumulated by their spouse before or during the marriage, ensuring that each party remains accountable for their financial obligations.

Conclusion:

Prenuptial agreements in Thailand offer couples an opportunity to protect their individual assets and provide a roadmap for financial security in the event of a divorce. By setting clear guidelines for asset division, spousal support, and other financial matters, couples can reduce conflicts and promote transparency within their marriage. The legal framework surrounding prenuptial agreements in Thailand provides a robust foundation for ensuring the validity and enforceability of these contracts. Consulting with a legal professional experienced in family law is crucial to ensure that the prenuptial agreement meets all legal requirements and adequately addresses the couple’s specific needs and circumstances. With a well-drafted prenuptial agreement in place, couples can embark on their marital journey with confidence, knowing that their assets are protected and their interests are secure.

Marriage in Thailand

Posted May 9, 2023May 9, 2023by Phuket AttorneysLeave a comment

The Civil and Commercial Code of Thailand regulates marriage in Thailand. The minimum age for marriage in Thailand is 20, but people as young as 17 can get married if their parents or legal guardians agree.

Thailand requires a number of documents from foreigners who want to be married, including a passport, a declaration of their marital status, and evidence that they are legally free to do so. They can also be asked to submit a certified Thai translation of their original documents.

If a Thai national is under 20 years old, they must also present their ID card, household registration, and a letter of permission from their parents.

Thai district offices or the Office of the Registrar at the Ministry of Foreign Affairs in Bangkok are the two places where marriages can be registered. Both parties must physically appear at the registration office in order for the marriage to be registered.

Thai law acknowledges both civil and religious weddings, but only civil marriages are considered to be legally binding. A traditional Thai wedding ceremony is also an option, but it is not required by law.

In order to make sure that all legal criteria are satisfied, couples who are thinking about getting married in Thailand may want to consult a local attorney or wedding planner.

Getting a Divorce in Thailand

Posted February 18, 2023February 18, 2023by Phuket AttorneysLeave a comment

Divorce in Thailand is a complex process that can be long and expensive. The process can be made more manageable by using a lawyer who is familiar with the local family law in Thailand.

The first step in divorce in Thailand is to get a written legal order from the Court. The legal order is a document that sets out the terms of the divorce such as child custody and division of property. The Court will also award alimony and/or child support where appropriate.

Getting a Divorce in Thailand can be very stressful and expensive, especially if there are children involved. This is why it is important to speak to our Thai family lawyers at MAGNA CARTA Law Firm before you decide to sign any agreements regarding divorce in Thailand.

There are two types of divorce in Thailand: contested and uncontested. The contested type of divorce requires the couple to appear in Court where a judge will decide on all aspects of the case.

If the couple are in agreement then they may be able to file for an uncontested divorce. This is a much quicker and cheaper way to obtain a divorce.

The other option is to file a contested divorce which involves more expense and can be complicated as there are often many grounds for filing for a divorce. This is the preferred method of filing for a divorce in Thailand as it provides more control over the terms of the divorce.

A Contested divorce is an action that requires the filing of a legal claim in the Family and Juvenile Courts. This can be done in a number of ways, including by either spouse requesting the case to be heard in Court or by both spouses agreeing to the divorce and obtaining the Court’s permission to proceed with the legal claim.

Grounds for a Contested Divorce in Thailand include: i) 3 years separation or longer ii) One spouse has deserted willfully the other spouse for more than one year iii) Adultery iv) One of the parties is committing serious insult to the other’s character or that of their family by any act, conduct or statement which degrades or destroys the other person’s reputation, dignity or standing in the community.

iv) One party has been convicted of a criminal offence that is incompatible with the maintenance or other rights of the other party, and he or she has not been pardoned by the Thai authorities as required under Thai law (Sin Suan Tua). This ground can be used when the person who has committed the offence resides abroad.

It can also be used when one of the spouses has died or was injured in a way that prevents him or her from maintaining the maintenance obligation.

In such cases, the deceased spouse can be made a debtor and a judgment creditor in order to make up for any financial shortfall that may result from the divorce.

In addition, some countries are very strict in recognizing Thai divorces. It is therefore very important to consult with a lawyer about the implications of getting a divorce in Thailand and the consequences for international clients.

How to Get Married in Thailand

Posted February 18, 2023February 18, 2023by Phuket AttorneysLeave a comment

If you’re planning to get married in Thailand, there are a few things you should know. First, it’s important to understand the Thai culture and traditions before you head over there. This will ensure that you don’t have any issues during the wedding process.

You will also want to take note of the laws regarding marriage in Thailand, including the requirements you need to meet. These can be found in the Civil and Commercial Code, which is the main body of law that governs family and marriage in Thailand.

Generally, you’ll need to be over 17 years old to marry in Thailand or have permission from your parents. If you’re under this age, you should also have permission from a court to marry in Thailand.

Both parties must be in full legal capacity to marry (meaning they don’t have any criminal or immoral convictions). If you are not, your marriage will be considered illegal in Thailand.

In order to get married in Thailand, you will need to register your marriage with the registrar. Whether you’re a foreigner or a Thai citizen, this is the first step to getting married in Thailand.

The next step is to submit all the required documents and translations to the Ministry of Foreign Affairs in Bangkok for authentication. Normally, you’ll need to pay an additional fee for this service.

Once this is completed, you’ll need to head to a local district office, also known as an “amphur” or “khet,” to complete the marriage registration. Once you’ve done this, you can then start planning your dream wedding and celebrating with your loved ones!

If you are a foreigner, your marriage will require more paperwork and steps than if you are a Thai citizen. This is because you will need to provide your passport and the immigration card that you used to enter Thailand.

All of these documents must be translated into Thai and sworn by a foreigner who is approved by the Ministry of Foreign Affairs. Once this is done, you can then submit them to the Department of Consular Affairs in Bangkok for legalization.

When you submit these documents, you will also need to have your name and marriage date changed on your passport. This will allow you to travel in and out of Thailand more freely.

You can then register your marriage at any district office, but it’s best to do this at the nearest one to you. This will save you a lot of time and stress.

Once you’ve registered your marriage, the registrar will issue a marriage certificate that will be legally valid in Thailand and anywhere else you may go. You can then use this certificate for a variety of purposes, such as applying for a visa or opening a bank account.

Lastly, if you are a foreigner, your marriage can be officially recognized by your embassy in Thailand, as long as you have the correct documents. Depending on your country of citizenship, you might be able to get a marriage visa that lets you stay in Thailand for up to 30 days without having to return to your home country first.

Category: Family