When complicated family disputes rear their ugly heads, and there is no recourse left for the family or a married couple, it’s then time to employ the services of a Family Law Solicitor.
A family law solicitor is a person who will be the mediator between the embattled parties. The solicitor aims to make the legal process that is being undertaken painless, easy, and cost-saving. All the while ensuring that the best possible outcome is guaranteed for their client. The services of family law solicitors extend to various sections of Thai law practice.
These include Divorce, separation, spousal support, and matters pertaining to the well-being of children, such as custody and child support.
While this is true for all kinds of family litigation the world over, it is significant for a foreign national who has married a Thai national. According to recent statistics, divorce rates are much higher in marriages between Thai nationals and ex-pats. This is primarily because of the cultural differences and the language barrier. Unfortunately, in these cases, when the honeymoon period ends, the need for a highly-skilled Thai family law solicitor comes in.
The Civil and Commercial Code of Thailand covers family disputes such as divorce, custody and child support, prenuptial agreements, civil union, and a plethora of other cases. The ex-pat will need a family law solicitor in any and all of these situations. These cases can be lengthy and costly even in one's home country, never mind an adopted one.
Without a prenuptial agreement, even before the wedding, things can get ugly, as the bride and groom struggle to find common ground when agreeing on what the terms of their prenup are.
In Thailand, a prenuptial agreement is defined as a contract drawn up prior to a marriage that serves two purposes. The first of these is to define and secure the finances and assets of each party before entering the marriage. The second aims to protect the parties from taking on any debt or other financial responsibilities from their partner to be. As with most laws in Thailand, a marriage is considered a civil contract.
To quote: “ Under Section 1465 of the Civil and Commercial Code of Thailand: “Where the husband and wife have not, previous to their marriage, concluded a special agreement concerning their properties, the relations between them as regards to their properties shall be governed by the provisions of this Chapter.”
“Any clause in the anti-nuptial (also called prenuptial) agreement contrary to public order or good morals, or provided that the relations between them as regards such properties are to be governed by foreign law shall be void.”
A prenuptial agreement can also include making decisions for the future of any children resulting from the union. These provisions can have child support, custody arrangements, and spousal support if needed.
For a prenuptial agreement to be valid under Thai law, both individuals must agree upon and sign the agreement before the marriage is registered. If it is not, the prenup will be invalid.
There are two forms of divorce for when a marriage has been registered in Thailand, both requiring the services of a family law solicitor. These are contested divorce and uncontested divorce.
An uncontested divorce is when both parties agree to mutually dissolve the marriage without the need for it to go to court. It is the most favoured route to take as it is quick and does not involve lengthy court proceedings. It may even be awarded on the same day. It also saves on legal fees due to its swiftness and allows for a reduced amount of unpleasantness that a long-drawn-out divorce may lead to.
This is especially important for ex-pats wanting to have the process over as quickly as possible.
In the case of a contested divorce, the opposite is true. A contested divorce is when one spouse does not agree to the divorce, the divorce terms. This leads to litigation and court proceedings and should be done only when no alternative is available.
In Thailand, as with the rest of the world, child support, custody, and spousal support can be hotly contested subjects. Ideally, these terms would have been defined in the prenuptial agreement signed before the marriage took place. However, this is not always the case, as the once happy couples didn't believe they would land up separating.
Family law solicitors in Thailand are equally skilled at ensuring that if these do become a legal issue, the best interests of the child or children are looked after and providing the correct legal advice to their client.
The law regarding financial support for children states that both parents are responsible for their well-being financially. This extends to the age of 20. When the parents are separating, the issue comes in where one parent will be granted custody, and the other will be required to pay child support. The payment amount is dictated by the court examining the financial status of the parent in question and, once again, the child's best interests.
Under Thai law, the child's best interests are determined by the court system. This is done under the Observation and Protection Centre, which will recommend and report on evaluations done by a social worker on the parents and child. Custody will then be awarded to the parent that is best suited to provide the correct environment for raising the child.
There are many reasons to employ the services of a Thai family solicitor as a foreigner. First and foremost of these is a family dispute, whether between a married couple or family members, these can get very nasty, very quickly.
Traditionally in Thailand, the preferred way of resolving these kinds of issues is quickly and with a minimum of fuss.
Because of the complexities and nuances of Thai family law, the average person will not navigate them without expert assistance from a family law solicitor, which can lead to lengthy, bitter, and costly proceedings.
Many people dream of getting married in Thailand. The country’s spectacular beauty and idyllic settings, from beaches and mountains to temples and cities, attract people from across the globe and from all walks of life, especially when it comes to planning the wedding of their dreams. The correct steps must be followed, whether a large traditional ceremony with family and friends or simply getting married legally in the registrar’s office.
Marriage in Thailand as a foreigner is a specialised process, as one may already know. This article will give you an overview and insight into how to marry in Thailand, including the marriage procedure itself, legal requirements, and documents. This can be a complicated process, and without the correct advice and guidance from a team of experts, many things could go wrong and delay what should be a celebration of the union between two people.
A marriage in Thailand is considered, first and foremost, a binding contract between two individuals, providing they meet the required criteria to be legally married. For the complete list of requirements and the additional documentation needed specifically for foreigners visit this page at thaiembassy.com. Here are the main requirements for eligibility:
Once all the eligibility requirements have been met for marriage in Thailand, the next step is to register the marriage with the relevant authority. The application must be for registration must be filed at any of the District Offices nationwide. Following this, the marriage must be consented to by both the parties and publicly declared openly with The Registrar.
The giving of consent may be given by:
For foreigners they must declare that they are single and free to be married under Thai Law. To do this, they must take the following steps:
As joyous an occasion as a marriage may be, there also needs to be an element of practicality involved, and there is a change that further down the road, there may be cause for separation. Planning must be done, and one such plan is a prenuptial agreement.
A prenuptial agreement is a contract drawn up before the wedding between the two parties. This agreement lists the assets and finances accumulated individually by the couple before their official union.
This defines what belongs to which party so that in the case of divorce, each will exit the marriage with what they brought into it. You can add stipulations for accumulations during the time spent married, which will be covered by a Postnuptial Agreement.
It is advised that these agreements be drawn up by lawyers practising Thai Family Law, as with any type of official contract.
Under the Thai Civil and Commercial Code, when drawing up a prenuptial agreement, there are the following criteria:
After the official marriage, the couple may choose to draw up a Postnuptial Agreement. This agreement stipulates the financial, personal and property relationships between the individuals for the duration of the union.
This allows both parties to have equal footing, as in Thai culture, it is believed that a man has more bargaining power than a woman. It helps to ensure that the husband and wife both have equal leverage bargaining power and have entered into the agreement with clarity and consent.
The postnuptial agreement can be voided at any time during the marriage or within one year of divorce.
Once again, a Thai Family lawyer should write these types of agreements.
This article on how to marry in Thailand shows that a Thai wedding can be a wonderful celebration of love in one of Asia’s most beautiful kingdoms with the correct advice, legal team, and guidance. For foreigners, this is what makes a marriage in Thailand a dream come true. They are protected by the country's laws and enjoy all the benefits of them.
The outlined laws and procedures draw many parallels with marriage laws worldwide, including agreements. The Thai prenuptial and postnuptial agreements take special care to ensure the wellbeing of both parties in the event of a divorce, which extends to foreign nationals.
Going through a divorce is a long and emotionally draining process, and the last thing you want to do is prolong this process because of legal mistakes. Luckily, divorce lawyers in Thailand can help you get through the legal process of filing for a divorce and make it as quick.
This article will highlight what you need to know if you are about to go through a divorce or are currently struggling to get through one in Thailand. Including the types of divorces in Thailand and how a divorce lawyer can help you during this process.
In Thailand, divorces are either granted when both of the parties consent to end the marriage or after the Thai court makes a decision. For a divorce to be legally binding in Thailand, both parties will have to sign a divorce agreement that will need to have two witnesses present at the time of signing. This document will also need specific information, including the location of where the marriage was registered and the terms of the divorce.
This process can sound long and tedious; however, it can be much quicker when handled by a divorce lawyer. The sooner you and your partner reach an agreement, the quicker this legal process will be over. If both parties reach an agreement in a day or a week, the divorce will be over. However, in cases where the matter is taken to court, it can take up to a year for the divorce to go through. Divorces usually take longer when there are appeals, adjustments to the agreement, or if the parties are waiting for assets to be sold.
There are two types of divorce in Thailand this includes:
Contested divorces are divorces that are taken to and granted by the court in Thailand. A contested divorce occurs when one of the spouses has made the decision to end the marriage and has sufficient reason for the grounds of a divorce. Another reason for a contested divorce is when the parties have to reach a custody agreement or sell joint assets. This type of divorce is a little more expensive and does take much longer to go through.
This is why it is best to get a divorce lawyer, especially when dealing with a contested divorce, to make sure you are ready to appear in court. A divorce lawyer will also help you reach an agreement which is very important for this type of divorce because there are kids and joint assets involved, which can be difficult to negotiate by yourself.
In Thailand and uncontested divorce is considered to be the simple filing of a divorce agreement without having to take the matter to court. This type of divorce occurs when the two parties can quickly negotiate and reach an agreement. An uncontested divorce does not take too long and can be done even quicker with a divorce lawyer who can help you reach an agreement with your ex-spouse sooner.
There are many reasons for the grounds of divorce in Thailand. Here is a list of just some of the most common grounds of divorce in Thailand:
The duties of a Thai divorce lawyer will vary depending on the type of divorce the parties are going through. Here is a list of the most common responsibilities that Thai divorce lawyers usually have:
In conclusion, while a divorce can be a long and emotionally challenging process, it does not need to be a lengthy legal process. With the right divorce lawyer, you will be given the guidance to help you get through this divorce as quickly and as painless as possible.
A divorce lawyer will help you decide which type of divorce is best for you to go through the grounds of divorce. As well as help you through the negotiating process to reach a divorce agreement that suits your needs. So don’t wait any longer and get in touch with a divorce lawyer. The sooner, the better.