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Free Guide to Hiring a Family Lawyer
Pattaya, Thailand Attorneys in related practice areas.
Browse our 5 legal questions about Family in Thailand and the lawyer answers, or ask your own questions for free.
Family law in Pattaya, Thailand, revolves around the principles outlined in the Civil and Commercial Code. These include regulations regarding marriage, divorce, child custody, alimony, and inheritance. Unlike Western family law, Thai law does not recognize prenuptial agreements and it has strict laws concerning child adoption.
Several situations may require you to seek legal advice. These include filing for divorce, seeking custody of your children, alimony issues, or dealing with inheritance matters. Legal counsel is also useful when marrying a Thai citizen, given Thailand's complex marriage laws that often have significant legal and financial implications.
Marriage in Thailand usually requires a pre-marriage agreement. Divorces can be uncomplicated if both parties agree, but in litigious divorces, things can get complex fast. Child custody generally favors the mother, but the court's primary consideration is the child's best interest. Alimony and property division are other areas with detailed legal provisions. Inheritance law in Thailand can be complicated, as the statutory hierarchy comes into play if there is no will.
1. Can foreigners adopt children in Thailand?
Yes, foreigners can adopt children, but they must meet specific eligibility criteria.
2. How does the court decide on child custody?
The primary consideration is the child's best interest. Factors like parents' financial status, living conditions, and the child's preference are also considered.
3. Can I draft my prenuptial agreement in Thailand?
No, Thai law does not recognize prenuptial agreements, unlike western legal practices.
4. How is property divided during a divorce?
The marital assets are divided equally. Non-marital assets, generally, remain with the original owner.
5. Can a foreigner inherit property in Thailand?
Foreigners cannot own land in Thailand but can inherit and own buildings. Special provisions exist for condominium ownership.
You can consult various governmental bodies for more information. The Ministry of Justice and the Department of Children and Youth provide information and regulations about adoption. The Legal Execution Department can provide information about property division and inheritance laws.
If you need legal assistance in family matters, find a reputable local lawyer who specializes in family law. Ensure the lawyer is fluent in English if you are not comfortable with Thai. Prepare a list of your concerns and questions to discuss with your lawyer. Understanding your rights and obligations under Thai law is crucial for your protection.
