Family Law

Family law in Thailand and a family lawyer in Thailand is an important section of Thai law which includes the laws related to getting married. Getting divorced and also covers child adoption which is not very common in Thailand. 

Family Law Thailand

Thai Family Law is governed by the Civil and Commercial Code of Thailand mainly being in Section 5. This section in Thai law governs all family-related issues in Thailand. Below you will find some of the most common issues in Thailand which covers not only divorce but also marriage as well as child maintenance and child custody. Any foreigner who is contemplating getting married in Thailand or adopting a Thai child would best be served by speaking to our Thailand family lawyer. See also the law on getting engaged in Thailand if you are getting married. 

 

Thai Marriage Law

Marriage registration in Thailand can be difficult for certain nationalities. Many will not issue an affirmation letter in Bangkok. Islamic marriage has a special process for foreigners so take proper advice. The marriage registration is valid globally from America to the UK and Australia.

Thailand marriage registration  is where it all starts even after you meet the Islamic marriage requirements. Once you have the traditional certificate of Islamic marriage (nikah) you register the marriage with the government. With a divorce there is also the Islamic divorce procedure (talaq) but still requires the civil procedures.

For the prenuptial agreement, you will need to ensure that this is drafted and valid for both Thailand and your home country. Americans might find this more difficult as the States may have different laws. This needs to be handed in with the marriage registration to be valid. Our family lawyer in Bangkok will always be able to assist. 

Thailand Family Lawyer

If you have family in Thailand or plan on living in Thailand. Then the services of a good family lawyer in Thailand is going to be needed in some in time. We are centered in Bangkok however we do litigation across Thailand. We have represented clients from Chiang Mai all the way down to Phuket on a regular bases. If you are already living in Thailand or abroad then having a Bangkok family lawyer is always good. Bangkok is the capital city of Thailand and most government department head offices are located here.

Over the years we have fielded many questions. From expats who are living abroad who wished to have their children legitimated and wanted to know how to legitimate a child in the country. There are who wanted to know how to get divorced in Thailand. Then there are those who wanted to know is surrogacy legal in Thailand. Surrogacy has become a hot political issue. We have been able to assist all of them. Today or tomorrow we can also assist you with your questions. Our family lawyer in Thailand will be more than happy to assist you as well.

 

marriage registration

If you are getting married in Thailand then your marriage needs to be registered at the local District Office or Amphur to be valid. If you are a Muslim and wish to marry in Thailand then an Islamic marriage can be arranged and registered. You will need to have all your documents such as the affirmation with you.

Islamic Marriage in Thailand

Also if you are having an Islamic wedding or marriage in Thailand then you will first have to do the Islamic conversion process and traditional wedding before the marriage is registered at the Amphur Office like all other marriages in Thailand. This then makes the marriage legal in Thailand and abroad.

Marital Rape in Thailand

The Criminal Code Amendment Act (No.19) B.E. 2550 (2007) represents a significant legal change in Thailand. It broadens the definition of rape.

Domestic Violence in Thailand

Despite the enactment of the new Domestic Violence Victim Protection Act of 2007, it still falls short in providing adequate safeguards.

Hague Convention on Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty signed to ensure the return of children.

Persons Name Act Thailand

However, this era of women’s autonomy in selecting their surnames came to an end in 1941 when the government enacted the Personal Name Act 1941

Islamic divorce process

The Talaq process in Thailand or Islamic divorce procedure in Thailand is explained here. Speak to a talaq divorce lawyer.  If you are getting divorced in Thailand as a Muslim, then there are certain procedures that will need to be followed.

Islamic Family Law

Islamic family law in Thailand only covers certain areas. This is an overview of the application of Islamic law in the four provinces of Thailand. Likewise highlighting the role of Dato Yuttitham, who serves as a special Islamic law judge.

Child Custody & Litigation

Child custody most times comes with litigation as the parties cannot reach a settlement. If you are getting divorced in Thailand then you will have to take this into account if you will be leaving Thailand once divorced.

When the child has been legitimated many times one party wants to have child custody and this gives rise to issues such as child custody litigation as well as the monthly child support or child maintenance. Always take proper legal advice when it comes to family law in Thailand. There is also the child maintenance after talaq for Muslims. 

More common today is how to legitimize a child in Thailand. We can also explain this to you with our Thai family lawyer. There is also a legal process for legitimation which you can discuss with our Bangkok family lawyer.  

child custody mediation

If you are getting divorced or are already divorced then you need to seek advice on child custody and also alimony. This can become very complex across international borders. Litigation can be expensive in Thailand and cases involving family law can take months to complete. Child legitimization for illegitimate children can also be done.

Child Maintenance

Child alimony or monthly child maintenance is a complex settlement and agreement. Many disputes start with the disagreement as to how much your child maintenance has to be and should school fees be paid directly to the school or to the other parent. This becomes an issue with divorce and child legitimation in the country.

Divorce in Thailand

How to get divorce in Thailand? Divorce can be difficult, so if you are getting divorced in Thailand you have three options. The first is a divorce by consent or what you might want to call an unopposed divorce. This is the most common where both parties can agree to the conditions of the divorce. The Thailand divorce rate is high and even higher with mixed couples. You can see the divorce rate in Thailand on this website.

The second type of divorce is a litigated divorce which can be lengthy and costly as this normally involves disagreement over child custody, property, or other issues. The third and last option is rare which is an annulment. There is an entire section on Thai divorce law on how an expat divorce in Thailand is concluded. There is also the Islamic divorce procedure if you are Muslim. Can you divorce an insane person? See how this is done with our Bangkok family lawyer.

unoppossed divorce

Also if you are getting divorced in Thailand there is the option of divorce by consent. These are usually quickly completed as it does not go to court. The divorce starts with an agreement which is then accepted as the terms of the divorce at the local Amphur Office or District Office.

annulement

If you had been married and the marriage is viewed as void you will need to apply for an annulment in Thailand. See if your marriage is voidable and what your options are when ending the married. Insanity and other medical issues can be costly and complicated.

getting divorced

If you are getting divorced in Thailand then you need to speak to an attorney in Thailand for advice and support. There are a number of options when getting divorced in Thailand such as a litigated divorce or a divorce by consent. Normally also issues of property and child custody. There are also issues of property and child custody

grounds for divorce

The Civil and Commercial Code in Thailand governs most of the more commonly used laws in Thailand. The legal system requires you to list a reason out of the legal code that is a reason for your divorce. Most divorces list as grounds for divorce tends to use two or three different reasons to justify the divorce.

Litigation

Family law litigation in Thailand can become very costly. Adoption in Thailand is normally an expat adopting his girlfriend’s children or the children of a Thai family member. There is also the normal adoption of those who wish to adopt from Thailand and this for an orphanage. A good family lawyer is always helpful.

Child legitimation also comes with the option of either having child legitimation by consent or by court order. This is becoming very common in Thailand when it comes to expats and other foreigners. With litigation, there is also the option in Thailand of mediation. Look at this option before going to court. See also compensation in divorce as well as child custody mediation become more common. Family law in Thailand is complex so you will need a Thailand family lawyer.

Litigation

Islamic divorce in Thailand is also very unique and there are few expatriate law firms who do this type of litigation. Divorce litigation can be costly when it comes to children and property. Speak to our lawyer about mediation before litigation.

child custody mediation

You will need to speak to our family lawyer if you are considering litigation during a divorce or child custody. Mediation is also available for those who do not wish to litigate in custody or divorce disputes. Adoptions are also managed by our firm.

adoption

If you are going to adopt a child in Thailand then take proper legal advice. Adoptions can be you adopting your stepchildren or children of a family member. There are also those who adopt an orphan which would be common.

child legitimation

Taking on the legal responsibility of your illegitimate child is becoming more common in Thailand with expats and other foreigners. This can be done by consent or it will have to be ruled on at a court of law in Thailand.

Child Support

The issue with Thai child support is covered here. This covers those who got divorced in Thailand as well as those who have an illegitimate child. See the rules, laws as well as example of court judgements. 

annulment of a marriage in Thailand

Annulment of Marriage in Thailand is common. See why this occurs as most times it is either illegally done or with the intention not to live as husband and wife. There are also financial advancement issues.  

Thai Child Custody

There are always Thai child custody issues with divorce as well as those who have illegitimate children. Consider the requirements for child custody as well as examples of court judgements in Thailand. 

Divorce Law in Thailand

This is the divorce law in Thailand. There are two types of divorce in Thailand. See the requirements for each type of divorce. There are also cost issues as well as child custody as well as child maintenance.