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Free Guide to Hiring a Family Lawyer
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Browse our 5 legal questions about Family in Thailand and the lawyer answers, or ask your own questions for free.
Family Law in Bangkok, Thailand is a comprehensive legal realm that includes marriage, divorce, child custody, alimony, adoption among other concerns. The law is informed by Thailand’s Buddhist culture, and it sometimes differs significantly from Western norms. For example, prenuptial agreements are not only acceptable, but are also highly recommended and common. The family law also focuses on ensuring the welfare of children in family disputes. The law is defined in the Civil and Commercial Code of Thailand, which provides rights and guidelines for family-related matters.
There are numerous instances where you might require legal help in the field of family law. These include negotiating prenuptial agreements, filing for divorce, seeking child custody, adoption processes, or negotiating asset distribution after divorce. You may also need assistance to mediate disputes related to family property, or to ensure your rights are protected during legal proceedings involving family members. A credible and experienced family lawyer can guide you through Thai legal system, ensuring your interests are well protected.
In Thailand, marriage must be registered to be legally recognized. Divorces are classified into contested and uncontested, with the latter needing mutual agreement. Child custody is often given to the mother, unless it's proven that it's not in the child's best interest. Irrespective of gender, Thai law gives the same property rights to spouses. Also, a foreigner's right to property ownership in Thailand is limited and complicated. Adoption processes can be complex, especially for foreigners. Alimony and child support, though recognized, are rare and nominal.
1. Can a foreigner get a divorce in Thailand?
Yes. But either the marriage occured in Thailand, or both parties have lived consistently in Thailand for one year.
2. Does Thai law recognize prenuptial agreements?
Yes. Prenuptial agreements are legal in Thailand if they are made in writing before marriage and signed in the presence of two witnesses.
3. What is the legal age for marriage in Thailand?
The legal age for marriage in Thailand is 18 years without parental consent, and 17 years with parental consent.
4. Can a foreigner adopt a Thai child?
Yes, but the process can be complex. Criteria such as residency, parental status, and the child's position need to be considered.
5. How are marital properties divided upon divorce?
Marital properties, called 'Sin Somros' in Thai, are generally divided equally upon divorce. Non-marital properties, called 'Sin Suan Tua', remain with the original owner.
The Thai Government's Official Website and the Department of Children and Youth under the Ministry of Social Development are useful resources for specific and comprehensive information on family laws. You may want to consider consulting reputable law firms for legal advice or assistance specific to your situation.
If you need legal assistance, it is recommended that you consult with a family law lawyer in Bangkok who is well versed with the local laws. Prepare all relevant documentations and clearly explain your situation and objectives with your lawyer to obtain effective advice and representation.
