FAQs: Family Law
Marriage
Q:
At what age can you marry in Thailand?
A: At
17 years of age, but the Court may, for appropriate reasons, allow
the marriage before attaining such age.
Q:
Does the marriage have to be registered? If so, where?
A:
Yes. The marriage should be registered at any district
office in Thailand or any Thai embassy abroad.
Q:
Is a marriage under foreign law recognized under Thai law?
A:
Yes.
Q:
Can adopters marry adopted?
A:
No.
Q:
Who has the right to manage the properties of husband and wife?
A: Separate
property - each spouse manages his/her own. Community property
- husband or wife, except the eight activities listed under Section
1476 of the Civil and Commercial Code where husband and wife can
either be joint managers of the Community Property or one spouse
can manage the Community Property with the consent of the other.
Nationality
Q:
If one spouse is Thai, can the child have Thai nationality?
A: Yes.
Q:
If both parents are foreigners but the child is born in Thailand, can
the child have Thai nationality?
A:
Yes. Except the child will not have Thai nationality
in the following cases: Father or mother is illegally staying in Thailand or only
temporarily or specifically allowed to stay in Thailand; father or mother is a
diplomat or consular official or an employee or expert of an international organization,
or a family member or servant of the said persons.
Divorce
Q:
Does Thailand have divorce by mutual consent?
A:
Yes.
Q:
What are the grounds for divorce by court judgment?
A:
There are 12 grounds for divorce as listed under Section
1516 of the Civil and Commercial Code.
Q:
Upon divorce, what happens to the properties and debts of both spouses?
A: Community
property - equally divided. Common debts - equally responsible
Q:
Upon divorce, who will have custody of any children?
A:
Divorce by mutual consent, both spouses may mutually agree. If
they cannot agree, the court will decide who will have custody
of any children. Divorce by
court judgment, the court will decide who will have custory of
any children.
Will
Q:
At what age can a person make a will under Thai law?
A:
At least 15 years of age.
Q: Is there any particular form for
a will?
A: The
will must be in the form prescribed by law.
Q:
Can you disinherit any/all heirs under a will?
A:
Yes.
Q:
Does a will have to go through probate?
A:
Probate is not required by law.
Q:
Is there any inheritance tax under Thai law?
A:
At present, there is no inheritance tax.
(October 4, 2007)
The above is intended to
provide general information only. The contents do not constitute
legal advice and should not be relied upon as such. If legal advice
or other expert assistance is required, the services of competent
professionals should be sought.
For
further information, please contact
Ms. Pimvimol (June) Vipamaneerut, Partner, Commercial Department
(june.v@tillekeandgibbins.com).
