
Integrity Legal
- Legal Blog
- Integrity Legal Home
- Thai Visa
- Company in Thailand
- Real Estate Thailand
- US Visa
- Contact Us
Archive for the ‘Thai Family Law’ Category
22nd November 2009
Amphur Registration of Divorce Decrees in Thailand
Posted by : admin
In many ways, the laws of the Kingdom of Thailand and those of the United States of America are very similar, but in some ways these two systems are extremely different. For example, the Kingdom of Thailand has a Civil Registrar’s office also known as an Amphur office, or Amphoe Office, in Thai. These offices act as repositories of vital statistics of those living in the Kingdom. They are important because one must register many official documents with this office in order to be provided certain legal protections. A common example of the duties associated with the Amphur office are those associated with a Thai marriage registration. An Amphur can register a Thai marriage in a very short period of time compared to jurisdictions in the United States of America. In some cases, this could also be said about Thai divorces. If a couple has decided to simply divorce by consent, then it is relatively simple to register the divorce in Thailand. However, if the divorce is contested, then there may be problems executing a marital dissolution quickly. In a slightly different situation, if one of the parties to the marriage cannot be found, then it may be difficult to register a divorce because the Amphur office requires that both parties be present when the divorce is registered.
Assuming one must use the courts to dissolve the marriage, the Thai legal system treats divorce similar to the “fault” based system employed by some jurisdictions in the United States. A “fault” divorce system compels the parties to show cause as to why the marriage should be dissolved. The unfortunate consequence of this system is the fact that “fault” divorces take a substantially longer period of time to complete compared to the “no fault” system. The reason for the delay is due, in part, to the large case load of most Thai courts. However, once the Thai court has entered a judgment of marital dissolution, the case is not over. Instead, the divorce judgment must still be registered at the Amphur office.
Registration of Thai divorces at a local Amphur office is somewhat akin to having the Clerk of a “common law” Court record the divorce judgment. This puts the jurisdiction on notice that the dissolution has occurred. The major difference is the fact that a clerk is generally in the same courthouse as the Judge who executed the marital dissolution. In Thailand, one must proceed to a wholly different office, the Amphur, in order to finalize the divorce by having the Amphur officer record the dissolution.
20th November 2009
Prenuptial Agreements in Thailand: Independent Attorneys
Posted by : admin
Unfortunately Thailand is a breeding ground for disreputable firms offering drafting services for a Thai prenuptial agreement. One of the telltale signs of such an operation is a so-called American “lawyer,” offering an American Prenuptial agreement for Thai fiancees. The first thing one ought to do when dealing with anyone claiming to be an attorney: ask for their credentials. An actual licensed attorney from the United States should be able to produce a bar card, supreme court license, or US Federal license to practice law.
That being said, there are further issues to remember when drafting a prenuptial agreement. One major formality should be adhered to when creating a prenuptial agreement and failure to adhere to this formality can severely damage a prenuptial agreement’s later enforceability. This important formality is a review with an independent attorney.
A prenuptial agreement, like many legal contracts, requires that all parties understand the agreement at the time that they sign it. In cases where the agreement is with a Thai fiancee, it is wise to have both a Thai version of the agreement and an independent attorney who can review the agreement with the fiancee so that she understands all aspects of the agreement and all of the legal rights and benefits that she is both acquiring and relinquishing by signing the agreement. Having the agreement drawn up by an unlicensed attorney runs the risk of having its provisions later thrown out due to poor draftsmanship. Further, failure to have an independent attorney review the document with the Thai fiancee could result in a court finding that the provisions of the agreement should not be followed because the Thai fiancee did not understand what she was signing when she signed it.
For these reasons, it is highly advisable to retain a licensed attorney to draft a prenuptial agreement in both Thai and English. A legitimate attorney can then refer the Thai fiancee to another licensed independent attorney who can provide an accurate and impartial assessment of the agreement as well as answer any questions that the Thai fiancee might have.
Some couples opt to have their signatures notarized and in Thailand an attorney will likely have access to a Thai notary. If the couple plans to sign the agreement in the United States, then it would be wise to retain the services of a notary in the state where the agreement is signed. A notary must actually witness the signatures of both parties. At American Citizen Services at the US Embassy in Bangkok the consular officers can provide notary services. Although a Thai notary is valid if the agreement is signed in Thailand.
For more information, please see Thailand Prenup.
17th November 2009
Consular Reports of Birth Abroad for Thais Born Overseas
Posted by : admin
As more and more Thais marry foreign nationals the Thai diaspora grows. Many Thai-American couples immigrate to the United States of America using either a fiance visa such as a K1 visa or a marriage visa like a K3 visa or CR1 visa. When these couples have children a few questions arise. First, what is the child’s nationality? Second, is the child entitled to dual nationality. Third, if entitled to a Thai passport how do we go about obtaining one? This is where the Thai Consular Report of Birth Abroad comes into play.
It should be noted that a child born to a Thai mother overseas is born with Thai nationality. A child born to a Thai father abroad is probably Thai although there are some restrictions in the Thai Nationality act. For our purposes we will assume the child is born with Thai nationality.
In order for a Thai national who was born abroad to obtain a Thai passport a Consular Report of Birth Abroad must be obtained by the foreign born Thai. This report of birth abroad is similar to the US Consular Report of Birth Abroad in that it provides proof that the child was born to a Citizen of the Kingdom of Thailand. Pursuant to relevant sections of Thai nationality law, the child of a Thai Citizen is Thai. Therefore, once a report of birth abroad is issued a Thai passport can be acquired.
Some are under the mistaken impression that Thais and Americans cannot have dual nationality. This is not true. There is no provision under Thai law prohibiting dual nationality. Further, United States nationality law does not prohibit dual nationality. The major issue for dual nationals concerns their two home countries. A Thai-American with dual nationality is considered exclusively an American citizen when in the United States of America (or one of its protectorates, possessions, or territories) and exclusively a Thai citizen when in the Kingdom of Thailand.
There can be a great many problems that can arise if one fails to obtain a Thai Consular Report of Birth Abroad on behalf of one’s child. This is particularly true if the child later wishes to reside in Thailand with the same benefits as other Thai citizens. Proving Thai citizenship from birth can be difficult if there has been a long period of time between the child’s birth and subsequent application for a Consular Report of Birth Abroad. There can be particularly daunting problems if the Thai national is a boy because there are military draft requirements for male Thais. If one does not fulfill their draft obligations and subsequently wishes to obtain a Thai passport the bureaucratic difficulties could be legion. Therefore, it may be wise to retain the advice of a Thai attorney or law firm if a man wishes to sort out his Thai nationality after missing his draft year.
A Consular Report of Birth Abroad can be issued at a Thai Embassy or Consulate in the country where the Thai was born. The Thai posts have a section similar to the American Citizen Services section at a US Embassy which handles Reports of Birth Abroad.
10th November 2009
Is a Sinsot (Sinsod) Legally Required for a Thailand Marriage?
Posted by : admin
A common question asked by many foreign men in Thailand: does the law require that I pay a sinsot (also known as a sinsod, sin sot, sin sod, or in Thai: สินสอด) prior to marriage? The short answer to this question: No. However, an explanation of the cultural importance of the Sinsot may be beneficial in understanding both Thai marriage custom and the cultural underpinnings of marriage in the Kingdom of Thailand.
A Sinsot can best be described as a dowry given by a Thai (or foreign) man to a Thai lady prior to marriage. Generally, the groom-to-be will negotiate with his future father-in-law, or some surrogate if the Thai fiancee’s father is unavailable, regarding the amount of the dowry. In many Thai weddings, the Sinsot is put on display at the wedding ceremony, often the Sinsot will include jewelery or other items of value. In some cases, the parents keep the Sinsot. While in other families it is given to the daughter as a kind of insurance in the event a marital dissolution should occur. In still other situations, the Sinsot is returned to the groom after the wedding ceremony is at an end. Finally, it should be noted that some Thai families do not uphold the Sinsot tradition.
Some have argued that the Sinsot tradition is not deeply embedded in Thai culture, but is simply an effort by Thai in-laws to get money out of a foreign husband. This author cannot speak to that assertion, but the fact remains that in some cases Thai fiances will transfer a Sinot to a Thai fiancee’s family.
Under Thai law, there is no legal requirement that a Sinsot be transferred before a marriage can be registered. A couple can register a marriage at a local Amphur office (Civil Registry) by simply showing up and providing the proper documentation.
However, the practice of remitting a Sinsot seems to be a major aspect of the Thai customary wedding ceremony. Thai people will often have a marriage ceremony without getting the marriage registered. As Thailand does not specifically recognize anything akin to a common law marriage, it is possible that a foreign fiance could pay a Sinsot without legally marrying the Thai fiancee. In many cases involving American fiances marrying Thais, a customary wedding ceremony is often performed without registering the marriage. This allows the couple to remain legally single and therefore eligible to apply for a K1 visa, which is a fiance visa used to travel to the USA for the purpose of executing a legally binding marriage.
8th November 2009
The Relationship Between a Thai Will and a Thai Prenup
Posted by : admin
In many cases, those thinking of drafting a Thai prenuptial agreement also ponder the related issue of a Last Will and Testament in Thailand. Although both of these instruments can have an impact upon the distribution of Thai property they should not be viewed as completely complimentary devices as they serve different purposes and the drafting of these documents requires adherence to different sets of rules regarding legal formalities.
A Thai prenuptial agreement is an instrument used for the purpose of pre-designating a property distribution should a marital relationship dissolve. If the underlying marriage is registered at an Amphur office (Civil Registrar’s office) in Thailand, then the Thai prenuptial agreement must be simultaneously registered with the marriage. Failure to simultaneously register the Thai prenup could, and may very likely, result in a Thai court subsequently refusing to take notice of the prenuptial agreement when deciding how the marital estate should be divided.
A Thai will is a testamentary instrument that is used to divide the estate of a Thai or one who has died in Thailand. When drafting a will in Thailand, or in any jurisdiction, one must adhere to certain legal formalities in order to ensure that a court will enforce the provisions of the will itself. When a court divides the estate of the deceased, this process is known as probate and a probate court could throw out an improperly drafted will. This is why retaining the advice of a Thai lawyer may be advisable when drafting a new Thai will.
So-called “spouse election,” statutes should be mentioned when discussing Thai prenuptial agreements and wills for United States Citizens looking to marry Thai nationals. A “spouse election,” statute is a type of legislation that exists in many jurisdictions throughout the United States. Such legislation is designed to curb disinheritance of surviving spouses in wills or other testamentary devices. The result of “spouse election,” statutes in the USA is that the spouse of a deceased person can usually be confident that they will inherit at least 1/3 or 1/2 of the net probate estate (the actual percentage depends upon the state). Such rules are important to note for those drafting a prenuptial agreement because a prenuptial agreement should not be drafted in such a way that its provisions contravene the “spouse election” statute in the state of the US Citizen’s residence. Therefore, it may be wise to consider Wills and Prenuptial agreements as wholly separate instruments and thereby keep each of these instruments free of provisions that stray into the bailiwick of the other.
3rd November 2009
US Visa for Thai Fiance or Husband of an American Fiancee or Wife
Posted by : admin
Although this blog primarily focuses upon United States immigration for couples, we sometimes overlook the fact that the Petitioner may be a woman and the Beneficiary may be a man. Many American women in Thailand meet and fall in love with Thai men. Eventually the US Citizen must return to America and the couple begins to research options for the Thai national’s entrance into the USA.
One of the first visa categories that many couples look at is the category B2 visa also known as the tourist visa. Unfortunately, as in situations with an American man and a Thai lady, the US Embassy in Bangkok is reluctant to issue such visas to those with an American girlfriend, fiancee, or spouse because the relationship itself constitutes a “strong tie” to the US which is evidence bolstering the presumption of immigrant intent under 214(b) of the United States Immigration and Nationality Act (INA). Many tourist visas sought for Thai loved ones of US Citizens are denied under the above section of the INA.
Fortunately, the US fiance visa may be a possibility for the Thai-American couple as the US citizen fiancee could sponsor the Thai fiance for a K1 visa. This visa would allow the Thai man to come to the USA for 90 days. After arrival, the couple must marry and apply for adjustment of status so that the Thai man will be a lawful permanent resident in the United States. Should the couple not marry, then the Thai must leave the US before the 90 day period of lawful Immigration status ends. Generally, it takes between 6 and 7 months to process a K1 visa.
US marriage visas are also an option for the Thai-American couple. The usual method for receiving marriage visa benefits is for the Thai man to marry the American lady at a local Amphur office (Civil registrar office) in Thailand. Once the couple is legally married they will be eligible to apply for a CR-1 visa by filing an I-130 Immigration petition. It usually takes between 11 and 12 months for such a petition to be processed.
For those who wish to expedite the marriage visa process a K3 visa could be employed to shorten the processing time. It currently takes 8 months to process the supplemental I-129f petition for a K3. This type of visa requires the filing of two petitions. At this time, the K3 visa is probably not the best method of obtaining Immigration benefits because the K1 has a faster processing time and the CR1 visa does not require adjustment of status after entry.
All in all, the US Immigration process is basically the same regardless of each parties gender. That being said, US federal law (the Defense of Marriage Act) still requires that the petitioner and beneficiary be of the opposite sex.
28th October 2009
Thailand Marriage Registration to a Myanmar (Burmese) National
Posted by : admin
In Thailand, the method of executing a valid marriage is very different from the United States or other common law jurisdictions. A marriage registration is usually conducted at a local Amphur office (Amphoe office). In cases involving a Thai national marrying another Thai national, the process is very straightforward as the couple need only produce their identity documentation and house registration. However, in cases involving a foreigner and a Thai national, the foreigner must produce a great deal of documentation to prove that he or she is unmarried as well as legally free to marry. Depending upon the person’s home country, some or all of this documentation can be obtained either at the Embassy in Thailand or at offices in the person’s home country.
Two foreigners can also execute a lawful marriage in Thailand, but the registration of the marriage could take more time and require the filing of more documentation as neither of the prospective registrants are Thai citizens. Often, this situation has an easy solution as both parties deal with their home government which provides documentation proving that the prospective registrant is unwed and free to marry. In the case of Myanmar (Burma) this is not necessarily true.
Under the laws of the Union of Myanmar heavy restrictions are placed upon Burmese women who opt to marry non-Burmese people. One aspect of these restrictions that manifests itself often in US Immigration matters is the reluctance or refusal of the Burmese government to issue passports to female Burmese nationals seeking to marry a US Citizen either after issuance of a K1 visa or before issuance of a K3 visa or CR1 visa. The Burmese government’s intransience in these matters often results in difficult Immigration cases as the American government often requires a valid passport before a visa will be issued to a non-US citizen.
In Thai marriage registration cases, a similar problem arises as the Burmese (Myanmar) government, through the Myanmar Embassy in Bangkok, this post often refuses to issue affidavits showing the Burmese national as single and free to marry. Amphurs in Thailand require this document before they will execute a marriage between a Thai or a foreigner and a Burmese national. Therefore, failure to obtain this document results in an inability to marry in the Kingdom. Further, the execution of a marriage in Burma (Myanmar) is likely more difficult due to the statutory restrictions imposed upon Burmese women seeking to marry foreign men.
In situations such as this, it may be necessary to plan ahead and obtain passports and other documentation long before it may ever be necessary. Contacting a Bangkok lawyer or US Immigration lawyer may be beneficial as either of these professionals could advise about solutions to such problems.
One should note that Thai prenuptial agreements can be drafted for a marriage in Thailand, but the agreement must be registered simultaneously with the marriage in order for the agreement to be valid in the Kingdom.
30th September 2009
Divorce in Thailand
Posted by : admin
Few people wish to discuss what will happen should a marriage breakdown, but unfortunately divorce is an issue that many people confront at least once in their lifetime. With this in mind, those living in Thailand researching the issue may be surprised to learn that divorce in Thailand can be quite different when compared against divorce procedures in common law countries.
One of the major differences between divorce procedure in Thailand and divorce procedure in the United States of America is the presence of an Amphur office. The Amphur office is the civil registrar for vital information pertaining to the citizens and permanent residents of Thailand as well as foreign visitors in the Kingdom. Amphur officers are empowered with the authority to execute legally binding marriages, change names, record, births, record divorces, as well as other functions. In Thailand marriage registration usually involves a trip to the Amphur’s office to have the marriage legalized. In many divorce cases in Thailand, the converse is true for the dissolution of a marriage. Provided that there are no major disagreements between the parties, a sort of “no contest” divorce can be easily granted at the local Amphur office. However, should the parties have any type of disagreement, then a protracted divorce proceeding must occur in the Thai court system.
An immediate issue surrounding the issuance of an Amphur divorce is: will the United States recognize the divorce as binding? Quite simply: Yes. A divorce registered at an Amphur office is considered legally binding for US purposes. This is particularly important in K1 visa cases, as a common question from prospective US Citizen petitioners is: “what do they mean my Thai fiancee must be legally free to marry?” This means that they need to be single, divorced, or their prior spouse must be deceased. The United States government considers a Thai Divorce, granted in Thailand, valid.
Another issue ancillary to Thai divorce is that of a prenuptial agreement. Under Thai law, a prenuptial agreement must be recorded contemporaneously along with the recording of the Thai marriage. Once properly recorded, the prenuptial agreement will be the touchstone for dividing marital assets in Thailand.
In cases where a Thai divorce cannot be executed directly through the Amphur office it may be necessary to file the divorce action in the Thai courts and upon final judgment of dissolution, the couple must present the judgment to the Amphur for registration.
Another issue to think of when contemplating a Thai divorce is the issue of how one’s property will be divided post -divorce pursuant to a Thai will. For the sake of avoiding prolonged probate, it may be wise to change ones Thai will in tandem with the divorce registration.
22nd September 2009
Statelessness, Thai Passports, and Paper Airplanes
Posted by : admin
The plight of many Burmese (Myanmar Nationals) living in Thailand is a sad one as many are not in any type of legal status or are simply refugees who cannot return to their home country. In a recent article, their situation was brought into sharp focus by the Thai media…and it was all due to a paper airplane. To quote the Canadian Press:
“A boy with no official nationality who lives in Thailand captured third place in a Japanese paper airplane contest Sunday after his tearful pleas to be allowed to attend prompted authorities to grant him a rare temporary passport for the event.”
It is truly inspirational when Thai people become upset due to a social injustice, because things tend to get done. Temporary passports have never been easily obtainable for people of any nationality living in Thailand, but in the case of those originally from Myanmar a request for an official travel document from the Thai government is often dismissed out of hand. The above article went further in discussing this particular situation:
“Mong’s ethnic Shan parents have only temporary permission to live and work in Thailand, so although he was born in the country he has only temporary resident status. Under normal circumstances, if he left and tried to return, his status would be revoked and he would be barred re-entry to the country where he was born.When his initial application for temporary exit papers was denied, the story dominated the front pages of Thai newspapers, and a national lawyers’ council petitioned the court on his behalf.”
Kudos to the Thai National Lawyers Council for taking up the cause of this young man. Asylees and refugees tend to have the most trouble obtaining legal documentation, particularly for travel. This article highlighted this fact and hopefully the plight of the Burmese in Thailand will be in the future thoughts of those in government positions.
It is interesting to note that this child’s family had not obtained Thai Permanent Residence. If that had been the case they may have been eligible for a Reentry Permit. Many Burmese from the Shan States of Myanmar live and work in Thailand illegally. There are certain parallels between these migrant workers and the undocumented Mexicans who enter the United States in order to work and live. Many of these people come from difficult environments in their home countries and they seek economic opportunities in Thailand or America. Although it is certainly a legal necessity to obtain proper documentation, the fact is that many people in dire circumstances do not have the time or the resources to go through the proper channels. A little bit of “give” on the part of the government can be beneficial in extenuating circumstances.
12th August 2009
Is a Marriage in Thailand Recognized in the United States?
Posted by : admin
Many people get married in Thailand each year. As a result, one of the most common questions received from clients and potential clients involves foreign recognition of a Thai marriage. Thailand is not a common law system and therefore, the idea of common law marriage is not a concept upheld by courts in the Kingdom of Thailand. That being said, even though Thailand is a civil law system “customary or religious” marriages are still quite commonplace. This is probably due to the fact that marriage registration can be somewhat difficult, particularly for those who have never dealt with the Thai legal system and bureaucracy in the past.
In Thailand, marriages are registered at the local Amphur office. This office is kind of a combination of continual census taker and what in the American system is called a “court clerk.” The Amphur keeps records of the vital statistics of those living within that office’s jurisdiction. Therefore, the Amphur will record name changes, marriages, births, and deaths in Thailand. It is possible for two non-Thais to marry in Thailand. That being said, each office has their own internal protocol. Therefore, it may be wise to contact an attorney in order to assist with the Thai marriage registration process.
Once a Thai marriage is registered the question is: will the United States of America recognize the union. Put simply, yes. According to the website of the US Embassy Thailand, in cases involving marriages legalized in the Kingdom, “the United States does recognize the validity of such a marriage.” This is a critical question particularly in the context of USA visas. If a couple’s marriage is not recognized by the United States, then a visa application for a CR1 visa or a K3 marriage visa would likely be rejected because the couple does not meet the marriage requirement for visa issuance. Also, a couple who wishes to apply for a k1 fiance visa may create a situation where the application gets rejected because the couple got married in Thailand thinking it would not be recognized in the USA. In that scenario, USCIS would be compelled to reject the application because the requirement is “intent to marry,” and not actual marriage.
One interesting side note regarding Thai marriage registration deals with prenuptial agreements. In Thailand, the prenuptial agreement is actually registered with the marriage and in a way is incorporated into the marital agreement at the time of registration at the Amphur. For more on this issue please see Thai prenuptial agreement
To sum up, marriages properly executed in Thailand will be viewed as valid in the United States and for purposes of obtaining a US visa or other Immigration benefits. Therefore, marriage in Thailand is not something that should be taken lightly. When thinking of entering into a marriage in Thailand keep in mind that the marriage will be treated just the same as if it had been conducted in the United States.
The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.