Family Legal Services in Thailand for Foreigners
When it comes to family quarrels, the rules are often ambiguous, which is why you need the services of a lawyer. Fortunately, the Thai legal system is based on the civil law system of Europe, with the majority of its influence coming from the French system. This system codifies the laws concerning civil unions, marriage, and legal separations. It also covers parental custody of children.
Drafting Prenuptial Agreement in Thailand
If you're getting married in Thailand, you'll probably want to draft a Prenuptial Agreement. These agreements are very common in Thailand, and they're much more liberal than their Western counterparts. The Thai courts will respect a Prenuptial Agreement, as long as it's drafted with valid conditions and doesn't violate good morals. To be legally binding, a Prenuptial Agreement in Thailand must be presented to the Registrar at the time of marriage registration.
A Prenuptial Agreement in Thailand is a private contract signed before a wedding that details how assets and debts will be split if the couple divorces. Because this contract must be legally binding, each party must consult a legal adviser to draft the agreement. The agreement must be fair and equitable and should be based on the facts and circumstances of the couple.
Marriage Registration in Thailand
If you are a foreigner and want to get married in Thailand, you must complete the four steps of marriage registration. First, you must obtain an affirmation of freedom to marry from the Thai Embassy or Consulate. This document proves that you are legally single and can marry. In some cases, you may also need to get a death certificate or divorce certificate. It is necessary to get these documents translated into Thai before you visit the embassy.
Next, you must obtain a notarized Affidavit of Freedom to Marry. This document must be translated into Thai and must be certified by the Ministry of Foreign Affairs. Once you have the notarized document, you need to submit the original or certified translation to the embassy. In some cases, you can also submit the marriage form via post.
Filing for Divorce in Thailand
Filing for divorce in Thailand requires several documents that you will need to present to the court. Whether your spouse is a citizen of another country or a resident of Thailand, having the proper paperwork will help you get a divorce in Thailand. A Thai-language divorce form is required, with provisions for child custody, property claims, and other financial obligations. If you cannot provide these documents, you may be left frustrated and without any legal recourse.
Filing for divorce in Thailand can be difficult, but it is not impossible. There are a number of requirements for divorce in Thailand, including a prenuptial agreement and marriage registration. Thai divorces can be uncontested or contested, and both types require two witnesses. Whether you choose a contested or uncontested divorce is entirely up to you, but it is recommended to get professional legal help before you file for divorce.