Family Law in Thailand
This is family law in Thailand! Many expats and foreigners in Thailand always seek the services of a family lawyer. Most litigation in Thailand where foreigners are concerned are for family law issues such as marriage registration to divorce proceedings in Thailand. Property and commercial litigation is less common as many people do a due diligence report on any property which they buy in Thailand before they sign the agreements.
Family Law in Thailand
If you are seek advice in Thailand then a family law attorney in Bangkok or a property attorney in Phuket is easy enough to find.
Normally in the West the process of registering your marriage tends to be simply and straight forward. In Thailand however a simple marriage registration can become a complex process on its own. Firstly you need to see if your marriage registration is in accordance with the marriage laws of Thailand. You will then need to obtain a letter of affirmation from your embassy in Bangkok. This letter will state that you are single. Once done it needs to be verified and translated. Then this needs to go to the Amphurs Office in Thailand for registration. Note that if you have a prenuptial agreement then it needs to be filed at the same time as the marriage registration.
Search this website of divorce procedures in Thailand. Before you sign any agreement be this a divorce agreement in Thailand, ensure that you always take proper legal advice. Most divorces in Thailand tend to be by a properly drafted divorce agreement. You can have a family lawyer in Bangkok draft this for you. The other issue is property and how this will be divided after the divorce. This in itself can become complex as you might have placed the property in your child name and you might not get child custody which means you wife might be able to sell the property held by the minor child. Note that a traditional marriage in Thailand which has not been registered with the government is not a legal marriage so no divorce would be needed. always check with a lawyer about family law in Thailand.
One of the most litigated issues in Thailand with expats is child custody. It is very complex as it comes to the fore on two occasions. The first is normally during a divorce. During a divorce the courts will award child custody to either the father or mother. They can also place the child or children with a court appointed guardian. See this website for more information about divorce and child custody in Thailand. If however the child is an illegitimate child then you first have to apply for legitimisation to have you declared the father of the child and then file for partial or full custody. Family law in Thailand should always be checked.
Prenuptial agreements if a good insurance policy in the event of a divorce. They are not very common for those staying in Thailand as ‘community of property’ in Thailand is a bit different to how it is defined in the West. It is always good to have one so should you return back home and get divorced in your home country, the prenuptial agreement will be very useful in a divorce.
While in Thailand always seek proper legal advice from an attorney in Thailand. when dealing with family law in Thailand you should always check with a lawyer first.
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