FAMILY LAW
Family Law in Thailand is governed by the Civil and Commercial Code, and deals with several areas of family law including marriage, marital property, divorce, adoption, parentage, and inheritance.
Our lawyers are highly experienced in family law matters in Thailand, and can provide the following legal services to you.
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Marriage Registration in Thailand
We can help you complete all steps of marriage registration in Thailand, including obtaining all the necessary documents you will need.
We are ready to help you with your family law needs.
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Prenuptial Agreements
A prenuptial agreement (or prenup) under Thai law can only deal with the personal and marital property of husband and wife during the marriage and after divorce, but cannot outline the rules on child custody and alimony. Under Thai law, a prenuptial agreement can only deal with the personal and marital property of a husband and wife during a marriage and after a divorce, and it cannot outline an agreement regarding child custody and alimony in the event of a divorce. To be considered legally binding, a prenup must not be against the law or against good morals, must be made before marriage, and must be registered in the same amphoe (อำเภอ) that the marriage will be registered in. Any prenuptial agreement made after a marriage is considered void.
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Child Adoption in Thailand
Thai law permits Thai children to be adopted by foreign couples, as per the Civil Code and Child Adoption Act of Thailand. All international adoption applications must proceed through the Department of Children and Youth (DCY) or non-governmental child adoption welfare agencies which are authorized under the DCY. The primary (but not only) requirements for a successful applicant include:
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Being at least 25 years old and at least 15 years older than the child being adopted,
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Being eligible to adopt a foreign child under the law of the country of residence, and
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The prospective parents must be married for at least six months on the date of application.
The adoption process in Thailand, especially for foreign applicants, is lengthy and complex. If adoption is something you are considering, our team is able to provide you with comprehensive support throughout your application process.
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Divorces in Thailand
Under Thai law, a divorce by mutual consent of the parties (an uncontested divorce) does not require going through court, and it can be obtained by going to your local district office. An uncontested divorce requires that marriage was registered in Thailand, and that the parties do not have disagreements about child custody or division of assets. Where parties have these disagreements, disagreements about another issue, or one party does not want to divorce (all of which constitute a contested divorce), the parties must proceed through the court system. If you are seeking or are in the process of a divorce, having a good family lawyer on your side is essential. Our team is able to provide you legal assistance during the divorce process and ensure that your interests are well represented.
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Child Custody in Thailand
If you are seeking sole custody over your child, you may request the court to terminate your ex-spouses right of custody, and thus grant you sole custody. There are many factors that go into the granting of sole custody, and we are able to assist you with this process and advise you on the likelihood of obtaining sole custody.
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Probate in Thailand
Probate is a complicated process which, under Thai law, requires a court to appoint an executor of the deceased's estate. Further, if the deceased did not have a valid will, or the will does not cover all contested assets, the property must be distributed according to Thai inheritance law. Thai law prescribes a short window to file an objection to an ongoing probate case, and it is essential that you receive legal assistance as soon as possible to ensure a good result.