Droit de la Famille2021-09-29T21:08:32+07:00
Attorney

Droit de la Famille

Ake & Associates
Divorce and Custody under Thai Family Law

Divorce

Family conflict creates a vulnerable place and likely has a lot of concerns and questions. Whether you are thinking about a divorce or Custody of children. We are not only professional legal advice. But we are also the one on your side with your interests at heart.

Divorces in Thailand are mostly the same with western countries. Husband and wife may agree to divorces and decide everything relevant. All terms and conditions about property and custody power should be settled in this case. Happy ending, peaceful solution without court trial. However, in some cases, it may need help from the Court Mediation Center. 

Even the best solution for divorce is always a settlement without Court trial. But sometimes it seems impossible for settlement and Judgement is needed. Having a clear understanding how Thai Family law works in case of divorce may help for making decision. Which option of divorce is the best solution to your situation. We give you professional and compassionate advice for your family.

Custody

Above all, the happiness and welfare of the child. We will work together to give the best to your children. In order to understand how Thai Family Court determines custody power. You may read the article How Child Custody (Parental Power) Works in Phuket Thailand. It is the same principles of the Children Act 1989 of England.

You may interesting to know about Thai  Children and Youth Protection Division. If you have any questions in regard to Family law. Feel free to contact us. We give you professional and compassionate advice for your family.

By: Ake & Associates

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Prenuptial (ante-nuptial) Agreement

In order to manage property between husband and wife. In Thai law, husband and wife are free to exercise and manage the ‘Separate property’. However, for the ‘Community Property’. Some transaction or contract between husband or wife with a third person. In other words, both of them are not free to manage their Community Property. It shall be jointly exercised and managed or having obtained the consent from another.

However, this law may be obstructive to exercising property rights. Therefore,Thai family law allows husband and wife to decide their own way to exercise their rights by making the prenuptial agreement. However, this agreement will be fully effective after registering with the Family Department.  

Another key point to remember is that all contracts in Thailand are not only subject to the general condition of validity.  But also subject to speciality law. In this case, there are more conditions of validity. We have already provided in the article How prenuptial agreement works in Thai law?. Importantly, you may need a last will and testament to have full control of property.

Postnuptial Agreement

Even, either husband or wife may terminate the signed postnuptial agreement at any time before divorce. Or within one year After Divorce! But, in some cases, it makes sense to make a postnuptial agreement.  

If you have any questions in regard to Family law. Feel free to contact us. We give you professional and compassionate advice for your family.

By: Ake & Associates

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