- About Us
- Legal Services
- Family Law
- Property
- Marriage
- Immigration
- Contact
- Payments
Family law is a complex process in Thailand as the legal system is a blend of local and some Western legal concepts. Likewise family law covers both marriage as well as divorce to child custody and adoption. Family law has also become more complex with the arrival this year of 2024 where same sex marriage is also moving into the mainstream. You will need to find professional guidance from a family lawyer in Thailand. This article highlights what the areas in Thailand would be considered as part of family law.
Marriage in Thailand is governed by specific laws and procedures. This year it has also started moving to cover same-sex marriages. The marriage laws are applicable to Thai nationals as well as foreigners. Likewise understanding these regulations is crucial for ensuring that the marriage is legally recognized and protected.
1. Age and Consent: Firstly you will note that both parties must be at least 17 years old and with consent for the marriage. Likewise if either party is under 20. Then they will require parental consent is required.
2. Documents Needed: The documents for Thai nationals are that they have to produce their Thai national ID card as well as their house registration also known as the Tabien Baan. Likewise for foreigners they must provide a valid passport as well as the letter of no impediment or affirmation of freedom to marry from their local embassy.
3. Registration: Likewise marriages must be registered at a local district office (Amphur) to be legally recognized. The registration process involves submitting the required documents and completing the necessary forms.
Many do register a prenuptial agreement. If you want this to be legally binding in Thailand and can be established to protect the assets and interests of both parties. Likewise such agreements must be made in writing and registered at the same time as the marriage registration.
There are two types of divorce procedures. Likewise divorce in Thailand can be either consensual (uncontested) or contested. Additionally the process varies depending on the circumstances. Those who can agree to everything can complete an administrative divorce. Those who cannot settle their divorce agreement will need to go to court. Speak to our Thailand divorce lawyer.
There are many Americans who ask about no fault divorce in Thailand. The uncontested divorce occurs when both parties agree to the divorce and they have agreed as to how to settle the terms of the divorce without dispute. This type of divorce can be processed relatively quickly and requires the following:
1. Agreement: There is the divorce agreement where both parties must agree on all aspects of the divorce. These would include child custody, property division as well as alimony. See also the article that we wrote on the mutual divorce agreement on here as well.
2. Registration: The divorce must be registered at the district office (Amphur) where the marriage was registered or where either party resides. Lastly see also the article on the divorce on mutual consent.
When an agreement cannot be found then a contested divorce occurs. This is when the matter has to be placed in court. Likewise see also the grounds for divorce on here. These can become more complex and time-consuming. Grounds for a contested divorce in Thailand include:
1. Adultery: One spouse has committed adultery.
2. Misconduct: One spouse has engaged in misconduct or treated the other spouse cruelly.
3. Desertion: One spouse has deserted the other for more than one year.
4. Imprisonment: One spouse has been imprisoned for more than one year.
5. Separation: The spouses have lived separately for at least three years.
Child custody and support are critical issues in family law cases, and the Thai legal system prioritizes the best interests of the child. Likewise also see the article we wrote on the child custody law in Thailand.
There are two options when it comes to custody. Likewise this can be either sole or joint, depending on what the court determines to be in the child’s best interests. Factors considered include:
1. Parental Capability: The ability of each parent to care for the child.
2. Child’s Wishes: The child’s preferences, depending on their age and maturity.
3. Stability: Likewise the stability of each parent’s home environment.
4. Relationship with Parents: The relationship and bond the child has with each parent.
Child support is determined based on the financial capability of each parent and the child’s needs. The court may order one parent to pay a specific amount to the other for the child’s upbringing, education, as well as their healthcare. Lastly also see the article that we wrote on criminal lawyer in Thailand as well as the article called Bangkok property lawyer.
You will note that adoption in Thailand is very complex. The legal process can take more than a year or two. The adoption laws are very complex and you can see what we have added to this website. The adoption requires that you follow specific Thai regulations to ensure the child’s welfare and protection. If you are British then read the article that we wrote on the adopting from Thailand to UK as well.
1. Age: Firstly the adoptive couple must be older than 25 years old as well as 15 years older than the child.
2. Marital Status: Secondly, If married, both spouses must jointly apply for the child’s adoption.
3. Residency: Lastly you will note that foreign adoptive parents must meet residency requirements. This as well as residing in Thailand for at least six months.
1. Application: Prospective parents must submit an adoption application to the Child Adoption Center of the Department of Children and Youth.
2. Home Study: Likewise a social worker conducts a home study to assess the suitability of the adoptive parents.
3. Court Approval: The adoption must be approved by the Juvenile and Family Court.
We have written an extensive article on domestic violence in Thailand. This is a serious issue in Thailand, and the legal system provides protections for victims. You can read the full article on domestic violence in the country as well as the article on the changing of the law that made marital rape illegal.
1. Protection Orders: Many divorces in Thailand end with violence. The victims can apply for protection orders from the court to prevent further abuse. Speak to our family lawyer in Bangkok for assistance even if you are in Pattaya or Isan (Isaan). We can assist you anywhere in Thailand.
2. Criminal Charges: Perpetrators of domestic violence can face criminal charges. This can also lead to imprisonment or fines. Note as above that domestic violence has been written about on this website. We have also written extensively on marital rape in the country. Finally with same sex marriage, the criminal code has already been adapted for the change in violence in same sex rape. See also the article on domestic violence in Thailand as well.
The victims of domestic violence by law can now access various support services. These include shelters as well as trauma counseling as well as legal assistance. It is crucial for victims to seek help immediately to ensure their safety and well-being.
When you consider how complex the laws are, you will note that having a Thai family lawyer is a good person to have access to. When hiring a lawyer in Thailand consider the reputation of the company. At GAM Legal Alliance we have an excellent reputation in the country in the expat community. This is especially true when it comes to complex divorce cases.
A family lawyer can provide valuable legal advice and representation, helping you navigate the intricacies of Thai family law. They can assist with:
1. Drafting and Reviewing Documents: Firstly we are there is ensure that all your legal documents. These including but not limited to your prenuptial agreements and divorce settlements. We will ensure that they are legally sound and protect your interests.
2. Negotiating Terms: Secondly, we will also ensure that we are negotiating favorable terms in divorce settlements, custody arrangements as well as during mediation in the country. This can be mediation in a divorce or mediation in child custody. We have done this numerous times.
3. Court Representation: Thirdly when representing you in court proceedings as well as advocating for your rights and interests.
4. Divorce and Separation: Likewise as mentioned above, we can address contested divorce issues and negotiating settlements.
5. Child Custody and Support: Fairly common considering the wait times in Thailand in the Family courts. We are there to ensure fair custody and support arrangements that prioritize the child’s best interests.
6. Domestic Violence: Lastly we also provide you with advice and applications for legal protection and support for victims of domestic violence.
Speak to our family lawyer in Bangkok as this is essential to ensure that all legal requirements are met and that you get a fair settlement. Be this to protect your interests or to facilitate a smooth legal process. This can range from dealing with marital issues, child custody disputes, or adoption procedures. You will note that our skilled family lawyer can provide the expertise and guidance needed.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.
If you are considering living in Thailand. You can see the articles which we have written in Thailand marriage as well as the article on child support Thailand as well. Lastly for those who wish to get married there is also the piece written on the affirmation of marital status Thailand. That is for all the main nationals in Thailand.
