Cases involving family relationships are sensitive and require the assistance of an attorney with experience, understanding and expertise in this area. In order to carry out each step correctly and smoothly.
A family attorney can help you deal with or resolve any family-related issues, including:
Divorce is the termination of a marriage which can occur only when the husband and wife have registered their marriage legally. There are two types of divorce in Thailand: divorce by consent and divorce without consent.
Divorce by consent is when both spouses agree to a divorce and register the divorce in front of the register at the district office or local district office. Divorce in this manner is a simple and uncomplicated process and procedure. There are also no expenses incurred.
Non-consensual divorce is a divorce where either spouse does not agree to have the divorce take place. making it impossible to proceed with a divorce The spouse who wishes to divorce therefore has to use the right of court, which is to file a lawsuit for the court to have a judgment to divorce from being husband and wife, which is a complex process and requires a person with specific expertise. Ways to provide assistance and advice, such as lawyers, legal advisors Lawyers at the Juvenile and Family Court, for example. court fees in case of division of the marital property and demand for alimony Cost of delivery of documents and summons, etc. In addition, the exercise of the right to file for divorceIt’s not that the spouse who wants a divorce can file a lawsuit at all. because it must be for any reason specified by law, known as the ground for divorce
Thai law specifies grounds for divorce under Section 1516 of the Civil and Commercial Code, altogether 10 grounds as follows:
When a divorce has been filed The spouse suing the lawsuit can still claim rights as specified by law. such as alimony for both himself and his children alimony if the cause of the divorce is due to the fault of the other spouse Compensation in the event that the cause of the divorce is caused by the affair of the other spouse, the division of the property, including the determination of parental power of the child as well.
Sin Somros is property acquired by a spouse during marriage, meaning any property acquired by either spouse during the marriage. Considered as marital property, such as salary, bonuses, houses and land that have been registered as transfer of ownership after marriage, cars, etc. Therefore, to consider whether any property is marital property or not, it is necessary to consider whether the husband and wife have legally registered their marriage or not in the first place. before
When any property is marital property Each spouse has the right to that property. half any act or action With respect to certain marital assets, it must always be managed jointly or with the consent of the other party first, namely:
Management of marital property In addition to the above mentioned marriages can be managed by either party without seeking consent from the other party. They can also make a bequest to bequeath their own part of the marital property to others as well. When the marriage is terminated for any reason The property must be divided half by half. If the spouses wish to divorce but cannot agree on the property can exercise the right to file a lawsuit in court for the division of the Sin Somros, or if there is a ground for divorce as required by law, the divorce and the division of the Sin Somros can be filed at the same time as well
In addition, if any spouse does not want the property acquired during the marriage to become marital property, a special prenuptial agreement on property must be entered into before the marriage. And must record the agreement as a prenuptial agreement in the marriage certificate and register with the signatures of at least 2 witnesses attached to the marriage certificate.
in that family case Support expenses can be considered in 2 parts:
The alimony between the parents and the child Since parents are obligated to take care of their children which is a moral duty and a legal duty. The parents are obligated to provide reasonable care and education to their minor children. This means that the law stipulates that the period of child support is only when the child reaches sui juris or is 20 years old, unless the child is in a disability condition. While the duty to take care of the parents that the child must do. The law does not specify a time period for children to start taking care of their parents from what age to what age and for how long. When parents and children have the right and duty between each other to support each other. when there is neglector missing, or not taking care of, or raising insufficiently for one’s own self The law gives the person who is supposed to be in foster care able to file a lawsuit against the other party for alimony from the date the other party does not provide custody . By prosecuting this lawsuit, the father or mother can file a lawsuit for both their own and their child’s support on behalf of the child as well.
The alimony between husband and wife is different from the alimony between parents and children. because the law stipulates that Husband and wife must live together as husband and wife. and husband and wife must help and take care of each other according to their abilities and status In the event that the husband and wife do not provide assistance and support each other cause the other party to suffer unreasonably The party who is in undue trouble can claim it as a reason for filing for divorce. The cost of maintenance between husband and wife is therefore not only if either party does not provide support according to their ability and status.In addition to the other party being able to file a lawsuit for alimony, it can also be one of the grounds for divorce that can be filed for divorce as well.
The alimony is determined both in terms of alimony between parents and children and alimony between husband and wife. If there is a lawsuit, the court may or may not grant, based on the ability of the person who is obligated to the status of the receiver and when giving can be revoked. You can decrease or increase as well.
A child born to parents who are not legally married will be the legitimate child of only one mother. A father who is not married to the child’s mother is not the legitimate father and such child is also not the legitimate son of the father. The result is that there would be no rights and obligations under the law between each other, that is, the father is not a legal representative in order to take any action on behalf of the child, such as giving consent to make various juristic acts. no parental authority There is no obligation to take care of the child. There is no right to inherit the child’s inheritance. There is no right to claim any damages. arising from the child being abused, etc.At the same time, the son himself would not have the duty to support his father. There is no right to inherit if the father does not certify by circumstances that he is the son.
Birth registration is one of the legal means that can make a child the legitimate child of the father. The child’s birth certificate must be registered with the registrar and the consent of the child’s mother and child must be obtained. If the mother or child opposes registration , the father is obliged to submit a petition to the court for the court’s decision to be a legitimate child and then bring the court’s judgment to be registered with the registrar without having to obtain the consent of the child and the mother again. But in practice, most people will use the method of applying to the court for a court’s judgment first and then registering to avoid objection and registration from the registrar in the first place.
The adoptive father or mother and the adoptive child are persons who are not of the same blood. It arises from the mutual consent of the adoptive parents and the child’s biological parents. and adopted children for some reason For example, in order to obtain good foster care for children. Or so that the adoptee who has no children can legally have children. When a child is registered for adoption The law protects the rights of the child to the same status as the legitimate child of the father. Or the adoptive mother immediately from the date of registration, such as having the right to inherit have the right to use the father’s surname.or the adoptive mother, but the father or the adoptive mother has no right to receive the inheritance of the adopted child In addition The adopted child has not lost any of his or her former family rights, that is to say, they still have the right to inherit. of true parents And true parents have the right to visit and visit as they see fit.
However, the law also protects the child by the father or the adoptive mother can stop adopting the child without the consent of the real parents first. And can’t sue to stop adopting a child without a reasonable cause.
Adoption is only valid when the adoption is registered. If the person who is going to adopt the minor must first comply with the adoption law. The qualifications of adopters and adopted children are:
Once the child has been adopted, the adoption can be terminated as well. The law has stipulated two methods for termination of adoption: termination of adoption by agreement between the adopter and the adoptive child in the event that the adoptive child has reached the age of majority or with the consent of the parents in the event that the adopted child has not reached the age of majority. And the lawsuit for termination of adoption when there is any reason specified by law.
A will is a declaration of intention in case of death in respect of one’s property or other matters. which will come into force upon the death of the testator A will is considered a unilateral juristic act that the law prescribes to do because it is important to the property of the deceased. By the form of the will, the law prescribes 5 types as follows:
Must be made in writing, either written or printed. (Written or typed in Thai or foreign languages) with date, month, year at the time of making and must sign in the presence of at least two witnesses at the same time. You can either sign or finger print. But the witness who will sign the will must sign only.
It must be made in writing and the testator must write in his own hand only. can’t have another person write on their behalf Thai or foreign languages can be used. Therefore, a person who cannot write a book cannot make a will like this. This kind of will may have witnesses or not because the law does not require witnesses to sign. However, the date, month, year must be dated at the time of making and must be signed only by the testator. Finger prints or curry or other marks may not be used.
Asking for a will as a political document A request must be submitted to the District Department (District Sheriff) in any district to proceed as desired. By informing the message that he wishes to put in his will to the sheriff in the face accompanied by at least two other witnesses at the same time The sheriff shall take note of the information given by the testator. and read the passage to the testator and the witnesses. When he saw that the message that the sheriff took was correct and matched with what the testator has already informed It is important that the testator and the witnesses sign their names. The message that the sheriff took down Have the sheriff sign and date the day, month, year.The will was duly made in accordance with the criteria specified above. and then stamp the position as important
making a will on a political document It doesn’t always have to be done in the district office or sub-district. If the testator wishes to do so outside the Amphoe or King Amphoe offices.
Must have a statement of intent according to the official’s form Submitted to the District Department (District Sheriff) at the District Office. or sub-district, with a statement in the will and signed by the person who made the will Both the testator must seal the will and sign his/her signature over the seal as well
. Go show to the sheriff and at least 2 witnesses, ready to testify to all of them that they are their wills. The sheriff will write down the words of the testator and the day, month, year of making the will and show them in a folded envelope. and seal the position Then the sheriff who made the will and the witness signed the envelope
This will can be made under special circumstances. In which the person who makes a will cannot make a will in accordance with other forms prescribed by law, such as being in danger near death or when there is an epidemic or war, which in such circumstances The testator may not be able to find writing utensils in a timely manner. Or until he finds it, he will die first. The testator can make an oral will. by expressing their intention to make a will in the presence of at least 2 witnesses present at the same time, all witnesses must present themselves to the Sheriff without delay and notify the sheriff of the statement verbally ordered by the testator, date, month, year , place of making the willspecial circumstances that prevent the ability to make a will in accordance with other forms prescribed by law;
Making a will in the correct form is very important because it affects the validity of the will. setting conditions In a will about property and rights that existed before death, it is advisable to consult a lawyer or legal advisor in preparing a will.
Inheritance is all property belonging to the deceased. Including the rights and duties and liabilities of the deceased that existed at the time of death as well Inheritance and will are not the same thing but are often related as they are the property of the deceased as well. If the deceased does not make a will, bequeath his property to anyone The property of the deceased shall be passed on to the statutory heirs according to the inheritance law immediately upon death.
When death occurs, there will be inheritance and rights, duties and responsibilities of the deceased will fall on the heirs. But even the heirs have the right to inherit. management of inheritance It’s not easily possible. Because the person who has the authority to manage the estate of the deceased is trustee
An estate administrator is the person who has the legal power and duty to manage the estate of the deceased, which can occur in 2 ways: by will appointing the administrator of the estate and by court order in the event that a will is not made or a will is not specified. in the latter case It must appear that there is an obstruction in the distribution of the estate and the interested heirs who have the right to inherit must apply to the court for the appointment of an administrator of the estate. The person requesting to be the administrator of the estate can be the heir himself or any person. But it must be a person who has legal qualifications, namely
In requesting any person to be the administrator of the estate according to the order of the court All heirs must give consent to the appointment of that person as the administrator of the estate. If there is an objection in court, an investigation must be conducted to determine who deserves to be the administrator of the estate, taking into account the best interest of the management of the estate. or may order to be joint administrators of the estate
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