Getting married to a Thai national and having a child can be a dream come true for many expats. However, it’s essential to understand the legal implications of such a union, especially when it comes to divorce and child custody.

Understanding the Law

Thai law is based on the Civil and Commercial Code, which outlines the rules and regulations regarding marriage, divorce, and child custody. It’s crucial to understand that Thai law favors the Thai spouse, especially when it comes to property and child custody.

Prenuptial Agreements

One way to mitigate the risks of divorce is to sign a prenuptial agreement. This document outlines the division of assets, including property, in the event of a divorce. While not mandatory, a prenuptial agreement can provide peace of mind for both parties.

Divorce

In Thailand, divorce can be initiated by either spouse. The process typically involves filing a petition with the court, which will then review the case and make a decision. If the divorce is granted, the court will also determine the division of assets, including property, and child custody.

Child Custody

Child custody in Thailand is typically awarded to the Thai mother. However, the court may consider other factors, such as the child’s best interests, when making a decision.

What to Do

So, what can you do to protect yourself and your assets in the event of a divorce? Here are some steps you can take:

1. Sign a prenuptial agreement: This document can outline the division of assets, including property, in the event of a divorce.
2. Understand the law: Educate yourself on Thai law and how it applies to marriage, divorce, and child custody.
3. Seek professional advice: Consult with a lawyer who specializes in Thai law and expat relationships.
4. Consider a trust: Setting up a trust can provide an additional layer of protection for your assets.

Resources

• Siam Legal: A law firm specializing in Thai law and expat relationships.
• Thai Contracts: A website providing information on Thai law and contracts.
• Thai Government Website: The official website of the Thai government, providing information on laws and regulations.

Conclusion

Getting married to a Thai national and having a child can be a wonderful experience. However, it’s essential to understand the legal implications of such a union. By taking the necessary steps, including signing a prenuptial agreement, understanding the law, seeking professional advice, and considering a trust, you can protect yourself and your assets in the event of a divorce.