Legal Services Under Thai Family Law
A prenuptial agreement in Thailand is a legal document that outlines the property rights and debts of two people before they get married. This can protect a couple from any future disputes over assets and liabilities.
The law governing marriage and family in Thailand is complex, and it is important to seek competent legal advice when deciding to marry. The legal ramifications of this decision can have far-reaching effects on the lives of the couples involved.
Drafting a Prenuptial Agreement in Thailand
Those planning to marry in Thailand or who are considering remarrying later in life should consider drafting a prenuptial agreement before they get married. This type of contract protects their personal assets and property from the risk of a divorce.
It also makes it easier to prove ownership of properties in a future divorce. If a property is listed in the prenuptial agreement it will be presumed to belong to the original owner.
Another benefit of a prenuptial agreement is that it provides for management of marital property. If a property is listed as being a marital asset then it will be managed by the spouse who owns it under Thai law.
It is important to consult a registered family lawyer who has full knowledge of the laws in Thailand and in your home country before you decide to draft a prenuptial agreement. This will ensure that provisions are legally binding in both jurisdictions thereby giving you the greatest protection to your assets and properties.
Marriage Registration in Thailand
Marriage Registration in Thailand is an important legal requirement for any couple intending to establish a family together in Thailand. Only registered marriages are recognized as valid and legally binding under Thai family law.
To get married in Thailand, both the bride and groom must demonstrate their identity to a registrar by providing original documents such as their Thai identification card (Ta Bian Bahn) or their foreign passports. They must also prove that they are single, divorced or widowed if applicable.
Both parties must then sign an affirmation of freedom to marry in front of a consular official from their home country’s embassy. The embassy will then countersign this document.
Once this is completed, it must be taken to the Ministry of Foreign Affairs in Bangkok where it will be legalized. This is a time-consuming process.
Filing for a Divorce in Thailand
A couple can choose to file for a divorce in Thailand by mutual consent, an administrative procedure, or through the court system. Both spouses need to agree on all issues before filing for an uncontested divorce in Thailand, including child custody, visitation and asset division.
The Thai law governing divorce is complex and many aspects of it depend on whether the marriage was registered in Thailand or not, if there was a prenuptial agreement and other factors. A knowledgeable Thai family lawyer is essential to help you navigate the process.
Under community property laws, any property acquired during a marriage is shared equally by both spouses on divorce. If the couple does not reach an agreement on distribution, it will be a matter of judicial interpretation. Moreover, common debts incurred by both spouses are considered equal liabilities.
Hiring a Thai Family Lawyer
Thai family law is a complex area of the legal system that deals with issues relating to marriage, divorce and child adoption. Lawyers who specialize in this area can help you navigate the legal complexities of these matters.
The legal process can be long and complicated, so you need an experienced lawyer in Thailand who can help you through it. The first step is to find a law firm in Thailand and find out who can best handle your case.
A good lawyer will be able to explain the legal aspects of your case in plain English. They should also be able to help you navigate the process and provide support throughout.
You can get a lot of recommendations for lawyers from people you know who have hired them in the past. They can tell you how their experience was, which concerns they handled and whether or not the lawyer spoke English well enough for you to communicate.