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Common Legal Services under the Thai Family Law

Oct 12

Common Legal Services under the Thai Family Law include drafting a Thai prenuptial agreement, marriage registration, and dissolution of marriage. These legal services are available to both foreign nationals and Thai residents in Thailand. They can help couples resolve their legal disputes and protect their interests.

Drafting Thai Prenuptial Agreement

A prenuptial agreement can help you avoid the pitfalls that come with divorce. A Thai family law attorney can draft a prenuptial agreement that is recognized by Thai courts and upheld in case of a divorce. The Thai family law system was founded on Thai culture during the Ayudhaya period and is based on that culture.

When drafting a Thai prenuptial agreement, the first thing to keep in mind is that the agreement must be written in Thai law. The Thai Civil and Commercial Code governs marriage contracts, and it is essential that the lawyer you hire follows this code to ensure that the contract is legal. A prenuptial agreement that is not in line with Thai law will be ignored by the Thai court. Likewise, a contract that violates good morals or public order is void.

A prenuptial agreement in Thailand can protect your assets and property in case of divorce. It is a legal document that is attached to your marriage certificate. While some partners may be offended by a prenuptial contract, it is important to remember that it is a legal document that helps you avoid divorce and protect your interests.

Registering for Marriage in Thailand

There are a few important steps to take when getting married in Thailand. The first step is to get the proper documentation. This documentation is usually available from the embassy of your home country or a representative consulate in Bangkok. Then you and your partner must appear before the registrar in person and make the formal declaration of marriage.

Secondly, it's important to consider how your spouse will handle your financial and legal affairs. Whether you plan to get a divorce or not, a prenuptial agreement is the best way to protect your finances before getting married. In Thailand, prenuptial agreements can be recognized and enforced.

The next step is to make sure that the two parties to the marriage are Thai citizens. You can do this by contacting your Thai embassy in advance. However, it can be time-consuming, so you should be prepared to wait for several days.

Dissolution of Marriage in Thailand

Divorce in Thailand is a legal way to end a marriage. You can either file for divorce in a Thai court or dissolve your marriage by applying to the Amphur, the district government administrative office. These offices register marriages and can also dissolve them based on mutual consent.

Thai law recognizes assets acquired by a couple during the marriage as shared property. This means the husband will get half of the property and the wife will get half. This is why it is important to create a prenuptial agreement if you plan to have a divorce. In addition, gifts are considered contracts under Thai law. If you break up with your spouse, you can also cancel any contracts you had with each other during your marriage or after the dissolution. However, if you had a contract with your spouse before the marriage, it can only be canceled within the first year. The Undue Enrichment provisions apply to the return of money from contracts.

Thailand offers two different types of divorce: contested and uncontested. Mutually agreed divorces require the signatures of 2 witnesses and do not require a court case. However, if you and your spouse disagree, a contested divorce must be filed with a judge. The judge will consider your personal situation and decide who gets to keep what.