Common Legal Services a Thai Family Lawyer Can Offer
A Thai family lawyer can help you with a wide range of issues related to family law. Some of the most common include drafting a prenuptial agreement, legally registering marriage in Thailand, and filing for divorce in Thailand.
A foreign citizen wishing to marry a Thai national must first register their marriage at a local district office (known as an amphur). This can be done by simply submitting the necessary documents and paying an official fee.
Drafting a Thai Prenuptial Agreement
A prenuptial agreement in Thailand can minimize the financial and emotional toll on a couple if their marriage ends in divorce. Without a prenuptial agreement, property assets must be liquidated and divided for the parties, which can be very time-consuming and expensive. The services of a good Thai family lawyer are especially valuable in this situation as they can help you draft an effective contract that meets all the requirements of the Thai legal system and your home country’s laws, as well.
A prenup is a legal contract that lists all the properties that each person owns (as well as their debts) and specifies what they will be entitled to in the event of a divorce. Also known as an ante nuptial agreement or premarital agreement, this type of contract is enforceable under the Thai law and can be a crucial tool for international people who marry in Thailand.
A prenup can be particularly helpful if one person has significantly more money and assets than their partner. Additionally, it can protect couples from unforeseen circumstances such as death or disability. It may even grant sole management rights to marital property under Section 1476 of the Thai Civil and Commercial Code, which could be a benefit for foreign nationals who are investing in real estate property in Thailand.
Legally Registering Marriage in Thailand
Marriage in Thailand is a serious commitment, and it’s a process that requires a lot of preparation. A couple will have to present a variety of documents, including their affirmation of freedom to marry (certified by their embassy), their passports and copies of their house registration. They will also need to submit the documents to a local district office, called an Amphur, for registration.
The registrar will check the documentation to make sure that both parties are of marriageable age, and they’ll need to provide proof of financial stability. Foreigners must also obtain a prenuptial agreement, which can be registered at the same time as their marriage.
A Thai family lawyer will be able to assist you with all of this, making sure that the marriage is properly registered and in compliance with Thailand’s laws. They will also be able to help you with other family-related legal issues, such as divorce, child custody and contact, and property division.
Raising a child in Thailand is expensive, and a divorce can make it even more costly. A good Thai family attorney can help you navigate the complicated legal system and protect your assets. They will also ensure that your children are well-cared for and that they stay with the parent who is most competent to raise them, as per the law.
Filing for a Divorce in Thailand
In Thailand, a divorce can be complicated, especially when there are substantial assets involved. A good Thai family lawyer can help you navigate the process and ensure that your rights are protected. They can also assist with the division of property, spousal support (alimony), and child custody. They can also draft a legal separation agreement to help couples come up with an arrangement that works for them.
A divorce in Thailand can be obtained by mutual consent without the need to go to court if both parties qualify and have met all requirements. This is an administrative divorce and can be registered at the district office where the marriage was originally registered. A divorce settlement agreement is also required and if agreed upon will be recorded on the official divorce certificate.
In more complex cases, a contested divorce will be necessary. This can be filed on the grounds that one spouse has deserted the other for more than a year, one of the spouses committed adultery, or a party has seriously insulted the other spouse or their ascendants. A contested divorce is handled in court and requires representation by a lawyer for each spouse. A contested divorce can take 3-6 months to finish hearing. The court will issue its judgment and this will be legally binding in Thailand but may not be recognized by other jurisdictions.