Note: This is an article which provides information of a general nature for our readers. It is not intended as legal advice for a specific situation or client. If you are experiencing legal challenges, we advise you to seek the advice of a competent attorney in Thailand.
Thailand Family Law is Different
For the newcomer to Thailand, and even some of us old—timers, the laws regarding cohabitation, property, and the respective rights and responsibilities for cohabiting couples can be daunting. This is especially true for foreigners in Thailand; if only because we have spent the majority of our lives in our countries of origin. It stands to reason that we arrive in Thailand with our own understanding of cohabitation rights based on our own countries laws and customs.
Cohabitation Advantages
Here in Thailand, there are certainly some advantages to merely cohabiting as opposed to registering a marriage with your partner. First, there is more freedom in a cohabitation relationship. As a cohabiting partner you are free to leave virtually whenever you want; there are no formal legal relationships to dissolve, just pack your suitcases and leave. Second, as a party to a cohabitation relationship you have the freedom to explore romantic relationships with others without causing the legal headaches involved with committing adultery. Third, you can create a cohabitation agreement with a same—sex partner. Finally, unless you specifically choose to do so, you do not become legally liable for the debts of your partner simply by virtue of the fact of living together.
Cohabitation Disadvantages
However, there are limitations to the freedom you enjoy as a party to cohabitation. Although there is no legally registered marriage, you may be subject to a lawsuit by your recent partner, now ex—partner. Requesting either “support” or a distribution from “common assets”. Whether or not your ex—partner can actually recover anything is a different story. In the meantime, you will have had to hire a lawyer, file responsive pleadings and perhaps attend court. All these activities take time and money when you would rather perhaps be doing something else. If the cohabiting couple have lived together for a significant period of time and there are titled assets at stake {e.g. land, houses, condominiums] a lawsuit is more a question of “when” not “if.”
Child Custody Problems?
In the event that there is a child or children from the cohabitation relationship, your problems can become more interesting. Not only will you and your ex—partner need to agree on such issues as custody, child support. and visitation rights, but you will also need to deal with the issue of paternity and legalization.
Don’t take chances with Thai Law
Of course, the best way to resolve disputes with an ex—partner, or soon to be ex—partner is through dialogue and negotiation. By resolving your differences amicably you can avoid having to hire separate attorneys or use the court, saving both time and money. In the event that you and your partner can reach a private agreement, you still should always hire an attorney to reduce your agreement to a written instrument of family law. This will ensure that you both understand all of the terms and will assist you both in ensuring future performance and enforcement of the agreement.
AAA Advice… will save you money in the long term
To protect your future happiness we strongly recommend couples enter into a cohabitation agreement prior to making the decision to live together. A cohabitation agreement can also be useful while you are cohabiting and are still on friendly terms. Settling issues regarding property and children before problems arise can make separation easier and in the long run cheaper.
We’d love to hear about your legal problems and guide you through the potential minefield that is the Thai legal system.
