Category: Family Law
Justifications to Divorce in Thailand
Grounds of Divorce Section 1516 of the Thai Civil and Commercial Code outlines a range of situations that qualify as legitimate grounds for divorce. These encompass: Adultery: When one spouse engages in extramarital affairs, it serves as grounds for divorce. Misconduct: Instances of misconduct leading to severe shame, animosity, substantial injury, or disrupting cohabitation […]
Methods of Uncontested Divorce in Thailand
Mutual Divorce Section 1514 of the Thai Civil and Commercial Code (TCCC) lays down specific conditions that need to be satisfied for a divorce to be considered mutually agreed upon: Written Mutual Consent: Both spouses must express their mutual agreement to end the marriage in written form. This written consent is a crucial element to […]
Legal Age of Consent in Thailand
In Thailand, the age of consent is set at 15 years old. This implies that individuals aged 14 or younger are not legally permitted to provide consent for any form of sexual activity. If an individual over the age of consent engages in a sexual act with someone below this age, it may be deemed ‘statutory rape,’ and the older person could face legal charges for violating the law.
The Thailand Civil Partnership Bill
The Second in Southeast Asia In July last year, the Thai Cabinet approved the Civil Partnership Bill, which was proposed by the Ministry of Justice to allow same-sex couples to register their partnership. The bill has been submitted to the House of Representatives Coordination Committee for consideration and approval before it will be forwarded to […]
How to get Divorced in Thailand?
Under Thai law, a divorce can be affected by mutual consent or by the judgment of the Court. Divorces made by mutual consent must be in writing and certified by the signatures of at least two witnesses. The divorce statement must contain the terms of the divorce and file at the place where the marriage is registered. The couple must bring the signed divorce agreement, original marriage certificate, and government identification documents to the Amphur when filing the divorce.
If the divorce is through the court system, there must be grounds for the divorce action. The parties can file a petition for divorce and the petition must allege one of the grounds for divorce stated in Grounds for Divorce Section 1516 of the Thai Civil and Commercial Code.
Abortion in Thailand: A New Law Coming into Effect
The Law at Present Article 301 of the current Criminal Code outlaws all abortions except when the pregnancy endangers the woman’s physical or mental health, she is less than 15 years old or a victim of rape, or when the unborn child is proven to possess serious deformities or disabilities. It imposes maximum imprisonment of […]
Recognition of Foreign Divorce for UK Citizens
In April 1988, the United Kingdom introduced amendments to its Family Law on the recognition of divorces granted to its citizens by foreign jurisdictions such as divorces granted in Thailand. The amendments set standards for the recognition of divorces obtained by means of proceedings, as well as those obtained by means other than by means […]
Thai Family Law: How to Parent with Child Custody
After a divorce in Thailand where there is mutual consent, the terms of divorce may be attached to the divorce certificate and has legal force according to Sections 1566(4) and 1520 paragraph 1 of the Civil and Commercial Code. If the couple has children, then the most important term that is agreed to by the […]
Betrothal Agreements under Thai Law
Under Thai law, a promise to marry creates a legally binding agreement if the groom transfers property called the khongman (a “reverse dowry” or “bride price”) to the bride after the betrothal has taken place. Therefore, as a legal contract, a betrothal gives rise to legal ramifications. According to Sections 1439 and 1440 of the […]
Child Custody Under Thai law
Aside from divorce, child custody proceedings under Thai law may arise where it is alleged that a parent or guardian is not fit or should not be allowed to exercise parental power. Specifically, Section 1582 of the Civil and Commercial Code provides that where a parent or guardian is “adjudged incompetent or quasi-incompetent, or abuses […]
