Family Law in Thailand
'Matrimonial law' in Thailand is primarily codified in the Civil and Commercial Code. The legal system of Family Law in Thailand is based on mainland Europe Civil Law with main influences from the French 'Code Civil'.
In the system of Civil Law the law is codified and works from the top written law down, meaning that laws are primarily struck in writing and not made by judicial decisions based on custom and precedent (as in common law). In civil law judges have however some law making power through the interpretation of the words and elements of written laws which are applied. They determine within the boundaries of the written law the meaning and extent of the law. In practice it is therefore often difficult to understand the specifics of the written laws without also taking into account previous court rulings and relevant Supreme Court judgments and opinions.
The main collection of written Family Laws of Thailand can be found in the Civil and Commercial Code. Family Law in Thailand can be found in writing in Book 5 of the the Civil and Commercial Code.
Below the relevant section of the Thailand Civil and Commercial Code:
- Book I Title I, Natural Persons
- Part I Personality → Sections 15 - 18
- Part II Capacity → Sections 19 - 36
- Part III Domicile → Sections 37 - 47
- Part IV Disappearance → Sections 48 - 64
- Book V Title I, Marriage
- Part I Betrothal → Sections 1435 - 1447
- Part II Conditions of Marriage → Sections 1448 - 1460
- Part III Relationship of Husband and Wife → Sections 1461 - 1464
- Part IV Property of Husband and Wife → Sections 1465 - 1493 (personal and marital assets)
- Part V Void of Marriage → Sections 1494 - 1500 (annulment)
- Part VI Termination of Marriage → Sections 1501 - 1535 (divorce and death)
- Book V Title II Parent and Child
- Part I Parentage → Sections 1536 - 1560
- Part II Rights and Duties Parent and Child → Sections 1561 - 1584
- Part III Guardianship → Sections 1585 - 1598/18
- Part IV Adoption → Sections 1598/19 - 1598/37 (external: adoption guidelines)
- Part V Maintenance Sections 1598/38 - 1598/40
- Book VI Succession
- Continue here...
See also
- Inheritance and Last Will
- Marital home, is it a marital asset
- Divorce laws in Thailand
- Marriage registration
- Prenuptial agreement
