Different countries have different laws when it comes to marriages, divorces, adoption, child custody, and property management. It’s essential to understand how Thai law compares to other family law countries, especially if you’re planning on starting or ending a family relationship. Here is an overview and comparison of Thai family law against some other countries.
Marriage
In Thailand, marriages are legally valid if conducted under Thai law or the laws of the couple’s country of origin, provided that they are registered with Thai authorities. However, foreign couples may have additional requirements to meet that Thai nationals do not have to face. For example, some embassies require a Certificate of No Impediment (CNI) issued by the couple’s embassy as proof that there is no legal obstacle to their marriage.
In Western countries such as the US, UK, and Australia, prenuptial agreements are becoming increasingly popular due to the increasing number of divorces. In many countries, prenuptial agreements are recognized and enforceable, provided that they meet the legal requirements. They also are valid under Thai law under certain conditions and must be registered at the amphur when you get married if not, they are void. They are a good production if you intend to marry and want to protect the assets that you had before marriage.
Divorce
In Thailand, divorce can be initiated by either party for any reason and can be carried out through either the court system or by mutual consent. It’s important to note that as of June 2023, the Thai legal system does not recognizes same-sex marriage, and same-sex couples so don’t have the right to get a divorce. However, if they were a couple and assets have been placed under one party (like land under one person) the other person can go to Court and ask 50% of the common assets not based on marital laws, but based on co-ownership and business partnership.
In the US, UK, and Australia, divorce laws vary from state to state, but generally, divorce proceedings are initiated by either party, and both parties must agree on the division of assets and child custody arrangements. However, in some cases, the judge may intervene to settle disputes in cases where the parties cannot agree.
Child Custody
Child custody is a critical issue for parents going through a divorce or separation. In Thailand, the courts consider the best interests of the child when deciding custody. Joint custody is possible in Thailand, but the courts often favor the mother in cases of infants and young children. Both parents will have joint parental rights (unless one of the parent is really a bad person) but they will tend to leave a young child with the mother.
In Western countries, child custody is usually determined by the best interests of the child, with both parents granted equal rights in cases where there is no reason to believe that any parent is unfit.
Adoption
Adoption is legal in Thailand, and foreign nationals can adopt Thai children, provided that they meet the legal requirements. However, before adopting a Thai child, it’s essential to understand the legal and cultural nuances, as there are both foreign and Thai adoption laws to consider. International adoptions from Thailand can be complicated and lengthy.
In the US, UK, and Australia, adoption laws can also be complicated, with different procedures and requirements in each country. Still, international adoptions are usually governed by the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption and require a lot of paperwork and approvals.
Property Management
One of the challenges faced by expats living in Thailand is property management, particularly with regards to land. The Thai government prohibits foreigners from owning land, with only a few exceptions, making it an additional issue to navigate. However, it is worth noting that expats can still make a last Will and designate their heirs to receive their property after their demise. The testamentary reserve, which exists in many countries such as France, Norway, and Germany, does not exist in Thailand. This means that the property owner has the freedom to distribute their assets in any way they wish. Expats can also consider various property management services that cater to their needs, including property maintenance, rental management, and legal advice. Due to the unique challenges of property ownership in Thailand, it is crucial to seek expert advice and guidance to ensure that everything is managed efficiently, legally and effectively.
In Western countries, inheritance laws vary, but generally, you can designate beneficiaries in your will, and the court will follow your wishes unless challenged by an interested party.
Conclusion
In conclusion, expats living in Thailand need to have an understanding of international family law to navigate family relationships and the legal system. While there are many similarities between Thai law and other family law countries, there are also some differences that can have significant implications. Seeking out advice from experienced attorneys who are familiar with both the Thai and expat legal systems can help ensure that you make informed decisions regarding family law issues. Do not hesitate to contact ThaiLawOnline.com
