The Family Code (Civil and Commercial Code, Book 5) is a law of Thailand that deals with the conditions, processes, relations, rights, and obligations of men and women related to engagement, marriage, family, and having children, including divorce, to terminate the marital relationship.
The marriage certificate, a legal document, is proof of the marital status of two people. Marital status is regulated by law and regulates the performance of certain legal acts, such as borrowing money, owning marital property, holding assets, etc. The concept of jointly acquired and personal property emerges, as well as liability for debt obligations.
Adopting a Thai child by foreigners is governed by a set of requirements for candidates and rules for adoption and removal outside of Thailand.
The right of intercountry adoption is granted exclusively to foreigners who want to adopt a Thai child to take out and raise the child in another country.
Thai law defines two types of divorce. Contested divorces are divorces with court proceedings. Uncontested or administrative divorces are in which the parties have agreed in advance on the division of property, rights, and obligations after the dissolution of the marriage.
A divorce memorandum or agreement to divorce by consent is a contract in which both spouses who have registered the marriage are parties to the contract. Divorce agreements are entered into to dissolve a marriage and may determine the consequences (mutual obligations or lack thereof, division of property, etc.) resulting from the divorce.
A contested divorce is obtained through court proceedings. It occurs when the parties have not mutually agreed on the terms of the divorce, when one of the parties refuses to divorce, or when the whereabouts of one of the spouses are unknown. The parties wishing to divorce may apply to the court, stating the legal grounds for the dissolution of the marriage.
This is a divorce by mutual consent of both parties. In this type of divorce, the spouses do not need legal grounds. The spouses' mutual consent to the divorce is sufficient. Husbands and wives must be personally present when filing for an uncontested divorce. The procedure may include a divorce agreement at the local registration office.
No further ratification in court is required to confirm an uncontested divorce. Once the district or consular officer issues the divorce certificate, no other steps are required to confirm the divorce. However, we recommend that you familiarize yourself with the necessary steps and the list of documents required for this type of divorce.
According to the provisions of Thai law, a child born out of wedlock is considered legal solely in relation to her as the mother. The biological father of a child born out of wedlock is not legal but has the right to legitimize his child. The legitimation procedure can be carried out through a court decision.
Some questions about the legitimacy of children in Thailand require more detailed consideration. What are the differences in rights between a legitimate child and a child born out of wedlock?
Modern jurisprudence supports spousal support if the errant spouse (and ultimately the paying spouse) is the sole cause of the marriage breakdown.
When spousal support is presumed to be part of a divorce agreement or court allowance, the following are the usual guidelines or determining factors regarding the scope of spousal support in Thailand.
When children and parents live together, the issue of support rarely arises. The alimony may become relevant in the case of divorce or separation of the parents and in the case of a child born out of wedlock. According to the provisions of Thai law, parents have an obligation to support their children up to the age of 20, i.e. until the age of majority.
Child support and custody issues are resolved through a written agreement between the parties or the courts.
