Family Law

Family Law

Family law 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. Any foreigner who is contemplating getting married in Thailand or adopting a Thai child would best be served by speaking to a Thai lawyer.

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.

 

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.

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.

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

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.

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.

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

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 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.

unoppossed divorce

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. There are 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.

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 a 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.