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Marriage and Divorce under Thai Family Law

Oct 26

Thailand's Family Law requires certain formalities in order to initiate a divorce. A petition for divorce must be filed by one party, and the other party must be served with the papers. If the parties cannot come to an agreement, they are sent to mediation. The mediator will attempt to work out a divorce settlement agreement, which is then submitted to the court for signature. Otherwise, a trial will be scheduled in which both parties will present evidence and witnesses. The court will then render a divorce judgment within 30 days. This is a complex process and is best handled by an experienced family law attorney.

Preparing a Prenuptial Agreement in Thailand

Preparing a Prenuptial agreement in Thailand under Thai Family Law is an important step in marriage preparation. The prenup is an important document that protects the assets of both parties. It gives each party the opportunity to retain control over their personal assets and company assets even after the marriage. A Thai family law lawyer can draft a prenup that will be upheld in court in case of divorce.

Prenuptial agreements are beneficial for both parties and their property. It prevents a large amount of unnecessary arguments over ownership of premarital assets during the marriage. It also lists each partner's assets, which makes it easy to determine who gets what during a divorce. It's important to know that there are some restrictions that need to be followed in a Prenuptial Agreement in Thailand.

A Thai prenuptial agreement must be signed and registered at the time of marriage to be valid and protect both parties in case of divorce. It should specify a minimum amount of money that each partner will receive from the other's combined assets. The amount can vary depending on how long the couple has been together. In addition, the agreement must be signed by both partners and attached to the marriage certificate.

Getting Married in Thailand

If you're planning to get married in Thailand, you will need to do all the necessary paperwork before the big day. This can be a time-consuming process and can involve running from government office to government office and from one part of Bangkok to another. It can turn your holiday into a stressful working holiday if you're not prepared. You should also consult a qualified law firm to set up a prenuptial agreement.

First, you'll need to report your marriage to the Ministry of Foreign Affairs in your home country. Once you've reported your marriage, the Ministry of Foreign Affairs will issue you a marriage certificate in Thai. You'll also need to get the certificate of your marriage legalized by the Ministry of Foreign Affairs. After that, you'll need to contact the local Amphur to get your title and name changed, as well as a Thai ID.

Contested and Uncontested Divorce in Thailand

In Thailand, divorce can be handled through a contested or uncontested process. A contested divorce is one where the two spouses are in disagreement over the terms of their divorce. This is usually handled through administrative procedures in the district office. Typically, divorces are contested only if one of the spouses refuses to accept the decision of the other spouse and files a complaint in court. In order to be granted a contested divorce, both spouses must agree on the terms of the divorce, and they must make a personal appearance before a judge.

Thailand's Civil and Commercial Code defines both types of divorce. A contested divorce occurs when the two spouses cannot agree on the terms of their divorce and disunion. If one spouse wants to go ahead with the divorce, they must file suit in the Thai courts. The other spouse can also file a lawsuit if the parties disagree on a decision. If both parties agree to divorce, property acquired during the marriage is split equally between the two parties. However, property held prior to the marriage remains the property of the original owner.