An overview of family law matters in Thailand
- Thai family law covers marriage, divorce, child custody, adoption, and inheritance, all governed by the Civil and Commercial Code and additional acts.
- Foreign nationals must adhere to specific requirements, including legal compliance and registration with Thai authorities.
- Understanding these laws ensures proper legal procedures and protection for families in Thailand.
Navigating family law in Thailand requires a comprehensive understanding of its unique legal and cultural landscape which will differ from many western legal systems.
There are elements of family law matters in Thailand, including marriage and divorce procedures to child custody, property division, and inheritance laws.
Most, if not all, family law legal matters are governed by specific regulations laid out in Thailand’s Civil and Commercial Code.
Furthermore, foreign nationals should also be aware of additional requirements that may apply to them, ensuring compliance with local laws.
Marriage
- Marriage in Thailand is governed by Chapter I to Chapter III of Thailand’s Civil and Commercial Code.
- For a marriage to be considered legitimate by the relevant authorities, both parties must be over the age of 17 years old.
- To ensure that the marriage is officially recognised under the law, the marriage must be registered at the local district office in the relevant province. It is essential that registration of the marriage takes place to ensure it will be legally recognised.
- For same-sex marriage, Thailand recently enacted the Marriage Equality Bill, resulting in the country officially recognising same-sex marriage.
Divorce
- Similar to marriage, the laws concerning divorce in Thailand can be found in Chapter VI and other various Chapters contained within the Civil and Commercial Code.
- Similar to various other jurisdictions, there are two types of recognisable divorce in Thailand, namely uncontested divorce (administrative divorce) and contested divorce (judicial divorce).
- Various grounds for divorce exist in Thailand, including adultery, abandonment, misconduct, and mutual separation.
Child Custody
- Under the Child Custody Law, those under the age of 20 must be under the care of a parent or guardian until they come of age.
- In the event of a divorce, the relevant court will take various factors into account when deciding on custody of children.
- When a parent is granted custody of a child, they automatically assume custodial rights of the child, known as parental power.
- For those couples that are not married, the mother will automatically assume custodial rights over the child. This can, however, be challenged.
Adoption
- The laws of adoption of children in Thailand can be found in the Child Adoption Act, B.E. 2522 (A.D.1979).
- To be eligible to adopt a child, the prospective parents must be at least 25 years old and at least 15 years older than the child they want to adopt.
- To apply to adopt a child, the prospective adoptive parents must submit the relevant application forms to the Department of Social Development and Welfare.
- Once the application form has been accepted, there will be various checks carried out on the adoptive parents.
- If a foreigner intends to adopt a child in Thailand, they must be legally authorised to adopt in their home country. In Thailand, they must work with accredited adoption agencies.
Inheritance
- Thai inheritance laws are set out in various sections of the Civil and Commercial Code, detailing how assets are distributed among heirs in the event of a death.
- While foreigners are allowed to inherit property in Thailand, they are required to adhere to the various laws governing inheritance in Thailand.
Understanding these aspects of family law in Thailand is essential for anyone involved in family-related legal matters.
If you have any specific questions or need further assistance, feel free to reach out to the team at WSR International.
