#litigation in thailand

[phuket-solicitors]

Litigation in Thailand

Thailand's legal system, rooted in civil law principles, offers a unique blend of traditional and modern legal practices. Litigation, as a means of resolving disputes, plays a significant role in Thai society. However, understanding the intricacies of the Thai legal system is crucial for navigating the litigation process effectively.

The Thai Legal System

Thailand's legal system is characterized by:

Hierarchy of Courts: The Thai court system consists of multiple levels, including the Supreme Court, the Court of Appeals, and various lower courts.

Civil Law Tradition: The legal system is based on civil law principles, meaning that laws are codified and judges play a more active role in interpreting and applying them.

Influences from Buddhist Culture: Buddhist principles of harmony and compromise often influence the approach to dispute resolution in Thailand.

The Litigation Process

The litigation process in Thailand typically involves the following steps:

Complaint Filing: A plaintiff files a complaint with the appropriate court, outlining the nature of the dispute and seeking a remedy.

Service of Process: The defendant is served with a copy of the complaint and summons.

Answering the Complaint: The defendant has a specific time period to respond to the complaint, either by admitting, denying, or raising counterclaims.

Discovery: The parties may engage in discovery procedures to gather evidence and information relevant to the case.

Pre-Trial Conferences: The court may hold pre-trial conferences to narrow down the issues and potentially resolve the dispute without a trial.

Trial: If the dispute cannot be resolved through settlement or other means, a trial will be held before a judge or a jury.

Judgment: The court will render a judgment in favor of one of the parties, which may include monetary damages, specific performance, or other remedies.

Appeals: The losing party may have the right to appeal the judgment to a higher court.

Key Considerations for Foreigners

Foreigners involved in litigation in Thailand should be aware of the following:

Language Barriers: Language barriers can pose significant challenges in understanding the legal process and communicating with legal professionals.

Cultural Differences: Differences in cultural norms and expectations can impact the litigation process.

Local Legal Expertise: It is essential to seek advice from experienced local lawyers who are familiar with the Thai legal system and can provide guidance on navigating the complexities of litigation.

Alternative Dispute Resolution (ADR)

Thailand has been promoting the use of alternative dispute resolution (ADR) mechanisms, such as mediation and arbitration, as a more efficient and less costly way to resolve disputes. These methods can be particularly beneficial for foreigners who may prefer a more informal and less adversarial approach to dispute resolution.

In conclusion, understanding the intricacies of the Thai legal system and the litigation process is crucial for foreigners involved in disputes in Thailand. By seeking advice from experienced local lawyers and considering alternative dispute resolution options, foreigners can navigate the complexities of the Thai legal system more effectively.

[thailandimmigration]

Thailand Privilege Visa

Thailand's Privilege Visa offers a unique pathway for foreign investors, entrepreneurs, and skilled professionals to reside and work in the Kingdom. This visa provides numerous benefits, including long-term residency, multiple entry visas, and the opportunity to establish a business or pursue various economic activities.

Types of Privilege Visas

There are several types of Privilege Visas available, each catering to specific requirements:

Investor Visa: This visa is granted to foreign investors who make a significant investment in Thailand. The minimum investment amount varies depending on the investment type.

Retirement Visa: This visa is ideal for individuals who wish to retire in Thailand. Applicants must meet certain age and income requirements.

Marriage Visa: This visa is issued to foreign spouses of Thai citizens.

Education Visa: This visa is granted to foreign students enrolled in Thai educational institutions.

Work Permit: This visa is required for foreign workers employed by Thai companies or organizations.

Benefits of the Privilege Visa

The Privilege Visa offers several advantages, including:

Long-Term Residency: The visa allows for extended stays in Thailand, providing stability and flexibility.

Multiple Entry Visas: Holders can re-enter Thailand multiple times within the visa validity period.

Business Opportunities: The Investor Visa allows for business establishment and ownership.

Family Reunification: The Marriage Visa enables family members to join the visa holder in Thailand.

Access to Healthcare: Privilege Visa holders can access Thailand's world-class healthcare facilities.

Tax Benefits: Certain privilege visa holders may be eligible for tax incentives.

Application Process

The application process for a Privilege Visa involves several steps:

Gather Required Documents: Prepare necessary documents, such as passports, proof of funds, medical certificates, and supporting evidence for the specific visa type.

Submit Application: Submit the application to the nearest Thai embassy or consulate.

Interview: In some cases, an interview may be required.

Visa Approval: If the application is approved, the visa will be issued.

Important Considerations

Visa Extensions: Privilege Visas can be extended under certain conditions, allowing for continued residency.

Work Restrictions: Some visa types may have restrictions on employment or business activities.

Immigration Laws: It's essential to comply with Thailand's immigration laws and regulations.

Visa Fees: Visa fees vary depending on the visa type and nationality.

Living Costs: Consider the cost of living in Thailand, including accommodation, healthcare, and daily expenses.

The Thailand Privilege Visa offers a valuable opportunity for individuals seeking long-term residency, business opportunities, or a better quality of life. By carefully understanding the requirements and benefits of each visa type, applicants can make informed decisions and navigate the application process successfully.

[theopulenthq]

The Accused - Mini Plot Drop 2

With the interrogations underway and weeks counting down until The Tribunal begins, an official dossier of the criminals accused has been released to the public. Up until this point, the criminals at hand had yet to be linked to their specific crimes. However, through the determination of litigators for the upcoming Tribunal, the below information has been uncovered:

Duke Gabriel Cuvelier (from France) - Age 62, former advisor to the French King, accused of ordering the hits against The King of Ethiopia & both Scottish rulers (and personally funding the assassinations). Refuses to give any information other than the simple statement - “It is not yet over.”

Duchess Adele Cuvelier (from France) - Age 59, wife to Duke Gabriel, Close comrade and confidante of Prime Minister Nicolette.  suspected of being the lead organizer of the reckoning attack at lal qila. May be responsible for a number of ordered hits.

Apolline Lefrancois (from France/now Florence) - Age 30, former lady-in-waiting to the Queen of France until marrying years ago & moving to Florence, suspected of being the assassin responsible for the death of the Dowager Queen of Ethiopia. Her husband cannot be located & their Florence residency seems abandoned, though signs show that the King of Norway (oldenburg) may have been held there for a time.

Sabino Montez (from unknown/believed to be Spain) - Age 55, a new cook for the royal Ortiz court, arrested upon arrival in Brazil. Accused of the poisoning & murder of Queen Martina Bonaparte, evidence of correspondence with both French & German rebellion leaders, and evidence of involvement in the reckoning. Is a known loyalist of the Ortiz reign and has been suggested to have ties with the French rebellion leaders.

Takuda Toshiko (from Japan/Hong Kong) - Age 32, distant cousin to Emperor Kaito, suspected of involvement in the assassination of the former German King (pre-Elias reign), believed to be the assassin. Former resident of Hong Kong and known dinner guest of the Viceregal. Evidence points to a spy in the Japanese court still working for Takuda due to recent correspondence written in extensive code from the Toshiko court.

Madhavan Parkash (from India) - Age 40, former financial advisor to the Empresses of India, evidence romantically links them  to 1 or more of the Empress’ lovers, suspected to have been behind the poisoning of the Sharma line. Possible involvement in the attack on Thailand’s heirs based on correspondence with Madagascar.

Rishabh Sundar (from India) - Age 29, evidence found to associate them with Takuda Toshiko, believed they are in a relationship. Suspected involvement in the attacks on Germany, may have been involved in the German Tribunal tampering with evidence.

Peter Herrmann (from Germany and/or Scotland) - Age 51, former groundskeeper for the Stuart's in Scotland, had been working in Germany once more before the attack on the Scottish rulers, evidence suggests they were largely involved in the reckoning. Likely to  have been involved in both Scotland’s & Germany’s tragedies. 

Lao Patalung  (From Thailand/now Madagascar possibly): Age 62, former governess to the Thai King & sibling as children. New evidence places them as the last person to visit the deceased heir’s nursery before their untimely passing. Recent ledgers show payments from the Rakotoson’s accounts into their personal accounts, and evidence supports their residency in Madagascar for the last year. 

Pascal Rakotoson  (From Madagascar): Age 43, Former royal advisor to King Mendrika & the Ratsifi family until banished for the misuse of the royal bank. Since their banishment, Pascal was sighted in both Thailand and Japan courts at the time of attack on their royal families, and is believed to be involved in both.

Kaiden Nelson (From Cardiff): Age 22, soldier for the Scottish army and trained under Commander Cailean for a time. Has since  turned into the “golden boy” of the Scottish rebellion. Evidence found of large sums paid to foreign mercenaries, tied directly to the death of the King and Queen of Scotland. 

Meryem Aydin (From Turkey/now China): Age 68, Long-time mistress to the former Sultan of Turkey (pre-Rahmi’s reign) and figurehead of Turkish court. Disappeared shortly after Rahmi’s trial began, only to reinvent herself under a false name in Chinese court. Confessed to falsifying evidence against Shah Khan of Persia to spearhead the order of his death. However, her confession appears too convenient to be trusted. 

While some mysteries remain, including why they had gathered in Russia & what they were planning there, the information in the report is generally considered to be believed, though some may know that not all accusations are true…

OOC INFO

Feel free to headcanon connections your characters have to the npcs, but please just let the admin team know of any significant connection so it be used for future drops!

If you want to be included in a larger plot, have any ideas for the npcs, or want to discuss ideas on mini plot drops related to new, member-driven information, reach out and let’s talk! 

If your character has a secret related to the reckoning you want to play with or have revealed, please reach out so we can link an npc to your character. We are very open to suggestions for progression if you have ideas!

As always, these mini plot drops are entirely designed to be interacted with at your own pace! If your character is not politically inclined nor following closely the tribunal, that is perfectly fine! This is purely to provide character building & contextual information for those who enjoy this type of gameplay.

Enjoy!

[rsm-recruitment]

Leading International Law Firms in Bangkok: Global Expertise

Bangkok is home to top international law firms offering specialized legal services for businesses and individuals. They provide expertise in corporate law, litigation, arbitration, intellectual property, and regulatory compliance. With multilingual teams, they assist global clients in navigating Thailand’s legal system and cross-border transactions. Their deep knowledge of international trade laws and investment regulations makes them valuable partners for businesses expanding in Asia. These firms also offer strategic legal advice to ensure compliance with evolving laws. Their strong global networks and local expertise make them key players in Bangkok’s legal industry.

[bl-bam-beyond]

BL YEAR IN REVIEW. RATINGS. BEST & WORSE etc.

Saddest BL Ship Divorces from Saddest To Not So Sad.

1. Wayne Song & Chun Chih: This Taiwan BL Ship was not really a ship because Taiwan isn't like Thailand but their series HISTORY 3: Make Our Days Count did them dirty. They did appear in other series together but nothing monumental but sadly this duo has fallen out of favor and their friendship has ended as they stop following one another on social media. They are likely never to appear together again.

2. NetJames: James ended this partnership on the heels of new BL Love Upon A Time to become an artist. Net has a new partner in JJ replacing James in Love Upon A Time.

3. JamFilm: The stars of To Sir With Love and Laws of Attraction have ended their partnership as far as BL to move in different directions. They have a strong friendship and are open to collaboration in the future in a non BL space.

4. PerthChimon: With 2 BL's under their belt as side couple in NLMG and main couple in Dangerous Romance they were set to pair again in Perfect 10 Liners. Chimon dropped out for mental health reasons. He sought treatment and also ended his partnership with Perth. He was replaced by Santa. Chimon seems to be less focused on BL.

5. MarcPawin: Marc and Pawin started as a duo in My Gear Your Gown. And we're suppose to continue in We Are however due to physical assault charges against Pawin by his ex-girlfriend. Pawin withdrew from We Are while in litigation and was replaced by Poon. MarcPoon seem to have caught on. With We Are, and the Perfect 10 Liners and upcoming A Dog and Plane.

6. LeeLongShiFrank: No one is sad this ship is ending. OMG. Two GORGEOUS actors and talented but woof all their projects together were AWFUL. They ended their partnership after Vampire BL OMG Vampire. Frank hasn't had any new projects since The Rebound where his character fell have Ping from MeenPing so we knew that wouldn't go anywhere.

So, these were 6 divorces from 2024. I always wished Wayne Song and Chun Chih would pair up again to erase the trauma of MAKE OUR DAYS COUNT but that is not to be so that's why they took the Number 1 spot.

@pose4photoml @just-another-boyslove-blog

[thailandlaww]

Medical Malpractice in Thailand

Thailand boasts a world-renowned healthcare system, attracting medical tourists and residents seeking quality care at affordable costs. However, even in the best systems, things can go wrong. If you experience a negative outcome due to potential medical negligence, understanding medical malpractice in Thailand can be crucial.

What is Medical Malpractice in Thailand?

Thai law doesn't have a specific "medical malpractice" statute. Instead, cases are based on the concept of a "wrongful act" as defined in the Thai Civil and Commercial Code (Section 420). This means a healthcare professional can be held liable if their actions (or inactions) deviate from the expected standard of care in a similar situation, causing harm to the patient.

Key Elements of a Medical Malpractice Claim

To pursue a medical malpractice claim in Thailand, you'll need to establish the following:

Duty of Care: The healthcare professional owed you a duty to provide a certain standard of care based on their expertise and the situation.

Breach of Duty: The professional deviated from this standard of care through actions or omissions.

Causation: This breach of duty directly caused you harm or injury.

Damages: You suffered quantifiable losses due to the harm caused.

Challenges of Medical Malpractice Cases in Thailand

Burden of Proof: The burden of proof lies with the patient to demonstrate all the elements mentioned above. This can be challenging, especially obtaining medical records and expert opinions.

Damages Awarded: Unlike some Western countries, Thai courts typically focus on awarding compensation for actual financial losses like medical bills and lost income. Non-economic damages like pain and suffering are rarely awarded and, if so, the amounts tend to be much lower.

Alternative Dispute Resolution

Thailand encourages alternative dispute resolution (ADR) before resorting to court. Options include mediation and arbitration, which can be faster and less expensive than litigation.

Seeking Legal Help

If you believe you may have a case for medical malpractice, consulting a lawyer experienced in Thai medical law is crucial. They can guide you through the legal process, assess the merits of your case, and advise you on the best course of action.

Remember:

Time limits apply for filing medical malpractice claims. Typically, you have one year from the time you discover the harm and the identity of the liable party to file a claim.

Medical records are crucial evidence. Ensure you obtain and keep copies of all your medical records related to the treatment in question.

Conclusion

While medical malpractice is a complex issue, understanding the legal framework in Thailand can empower you to seek recourse if you experience a negative outcome due to potential negligence. By gathering necessary evidence, seeking legal counsel, and exploring alternative dispute resolution options, you can navigate a challenging situation with a clearer path towards a potential resolution.

[udonlawyers]

Due Diligence in Thailand

Do your homework before investing in Thailand. Due diligence uncovers risks and helps you make informed decisions. It involves reviewing finances, legalities, and property details (for property purchases). Consult lawyers, accountants, and inspectors for a smooth and secure investment.

Why Due Diligence Matters in Thailand

Thailand presents a vibrant market for foreign investment, but navigating unfamiliar territory comes with inherent risks. Due diligence helps mitigate these risks by:

Identifying Potential Issues: A thorough investigation can uncover hidden liabilities, legal problems, or outstanding debts associated with a business or property.

Informed Decision Making: Due diligence provides valuable information to assess the true value of an investment and make informed choices that align with your goals.

Negotiation Leverage: By uncovering potential issues, you gain stronger leverage during negotiations, allowing you to negotiate a better deal or address concerns before finalizing the transaction.

What Does Due Diligence in Thailand Entail?

The specific scope of due diligence will vary depending on the nature of your investment. However, it typically involves several key areas:

For Business Acquisitions and Partnerships:

Financial Due Diligence: Examining the target company's financial records, tax history, and solvency to assess its financial health.

Legal Due Diligence: Investigating the company's legal structure, contracts, permits, and potential litigation to identify legal roadblocks or liabilities.

Operational Due Diligence: Evaluating the company's business practices, internal controls, and management team to understand its operational efficiency.

For Property Purchases:

Title Search: Verifying the property's ownership history, ensuring there are no outstanding claims or encumbrances on the title.

Physical Inspection: A thorough inspection of the property to identify any structural issues, maintenance needs, or potential zoning restrictions.

Environmental Assessments: For certain properties, investigating potential environmental risks or past contamination.

Due Diligence Resources in Thailand

Lawyers: A qualified legal professional experienced in Thai business or property law can provide invaluable guidance throughout the due diligence process.

Accounting Firms: Accountants can assist with financial due diligence, analyzing financial statements and identifying potential red flags.

Property Surveyors and Inspectors: For property purchases, engaging qualified professionals to inspect the property and uncover any structural or environmental issues.

Conclusion

Due diligence is an investment itself, but it pales in comparison to the potential losses from an uninformed decision. By conducting thorough due diligence, you gain valuable insight and minimize risks associated with business ventures and property purchases in Thailand. Remember, consulting with experienced professionals throughout the process safeguards your investment and sets you on a path for success in the Land of Smiles.

Visit our website for more information: https://www.udon-lawyers.com/due-diligence-in-thailand.html

[siamlegalinternational]

A full-service international law firm in Thailand with a head office located in Bangkok.

Siam Legal International is a full-service law firm based in Bangkok with offices in Chiang Mai, Pattaya, Samui, and Phuket. We offer a wide range of services including Corporate Law, Property Conveyancing, Family Law, Immigration Services, and Criminal and Civil Litigation. We have over 20 years of experience and are dedicated to providing effective legal solutions and prioritizing our clients' needs. Our English-speaking lawyers are committed to promptly and effectively responding to all legal concerns.

Name: Siam Legal International Address: 18th Floor, Unit 1806 Two Pacific Place, 142 Sukhumvit Rd, Khlong Toei, Bangkok 10110, Thailand Phone: +66 84 021 9800 Landline: +66 2 254 8900 Website: https://www.siam-legal.com/

[samuilawfirm]

Property Litigation Service in Thailand

At Sukhothai Interlaw, we understand the complexities and challenges that can arise in property transactions, leading to disputes that require expert legal intervention. With our specialized Property Litigation Service in Thailand, we offer comprehensive legal solutions to resolve disputes efficiently and effectively, ensuring that your rights and interests are protected throughout the legal…

[ailtrahq]

Crypto Assets Guy, a prominent voice in the digital currency landscape, ignited discussions today with a tweet championing XRP. Drawing upon a mix of legal stances, technological advancements, and market dynamics, he crafted a detailed discourse on why he believes the token’s future is luminous. Bullish On XRP: Reasons #1 And #2 The first reason to be bullish on the cryptocurrency is the legal standing in the US “Only digital asset in the US with legal clarity,” he began, further elaborating, that it’s the “only digital asset officially declared not a security.” His statements allude to the unique position of XRP in the crypto market. At the moment, only Bitcoin (BTC) and XRP have definitive legal statuses in the United States. Bitcoin has been officially recognized as a non-security by the US Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC). In contrast, XRP’s status comes from Judge Analisa Torres’ summary judgment in the Ripple vs. SEC litigation. Importantly, in her recent interlocutory appeal ruling, Judge Torres clarified that her decision was solely pertinent to Ripple and shouldn’t be generalized to the wider cryptocurrency market. Reasons #3 To #8 Diving into the technological aspects, he underscored the ledger’s efficiency: “Faster, cheaper and greener than BTC and ETH.” With transactions on the XRP Ledger settling in just 3–5 seconds and a TPS rate of 1,500, it’s a notable rival to leading cryptocurrencies. And while Ethereum is known for its gas fees, XRP emerges as a more user-friendly option. “No gas fees. No delays. No bullshit,” he quipped. In terms of security, he was unequivocal: “The XRP ledger is the most secure blockchain. It has never been hacked.” He lauded the XUMM wallet, contrasting it favorably against its counterparts: “Extremely easy to use (XUMM is better than Metamask from every angle).” Touching upon XRP’s application, he pointed out its efficacy in international transactions: “The most effective way for cross-border payments is with XRP.” Ripple’s partnerships further reinforced his bullish stance: “Partnerships with the most powerful banks and corporations in the world.” According to the crypto trader thewallstreetbull, Ripple boasts a partnership with at least 141 entities, some of which are: Banco Santander, Bank Of America, HSBC (The Hongkong And Shanghai Banking Corporation Limited), Standard Chartered Bank, SBI Holdings, MUFG (Mizuho Financial Group), UBS, Barclays, Credit Suisse and the Bank of England. #XRP #Ripple Partnerships let this sink in 💰🤌🏻🤌🏻 Banco Santander⁰Bank Of Indonesia⁰Bank Of Thailand⁰Moneygram⁰Cambridge Global Holdings⁰SBI Holdings⁰BBVA Banco Bilbao Vizcaya Argentaria⁰SCB Siam Commercial Bank⁰Zip Remit⁰InstaRem⁰IndusInd⁰Itau Unibanco⁰Beetech… pic.twitter.com/EOPDSmuhcA — thewallstreetbull💸 (@thewallstbulloz) June 29, 2023 More Reasons Highlighting the uniqueness of XRP, he stated, “It has a use case like no other digital asset. The adoption will be insane.” In his praises for Ripple’s team, he remarked, “Ripple has an amazing team. Defeated the SEC twice. Something never seen before.” Moreover, the analyst paints Ripple as a paragon of transparency: “Ripple is literally the most transparent digital asset company.” And while the decentralization of XRP is a topic of debate, he asserted, “Fully decentralized (do your research).” Addressing its market performance, he hinted at its untapped potential: “It hasn’t reached its old ATH of $3.70 yet.” On the market dynamics, he predicted an influx of liquidity: “A lot of liquidity is incoming. Numerous big players are ready to hit the buy button.” The thesis is particularly explosive. However, it is not known which major “players” the analyst is referring to. He may be referring to the rumor that Bank of America could use Ripple’s technologies once the court case against the SEC is completely over. The rumor has been around for a while. Most recently, the Linqto CEO reported this during the Ripple Swell conference in 2022.

Impact Of The Broader Crypto Ecosystem The broader crypto market’s future, the Crypto Assets Guy believes, is another reason to be bullish as it is intertwined with XRP’s success. “The next crypto bullrun is around the corner. It always starts months/weeks before the BTC halving (April 25, 2024),” he said. The conspiracy theory, ETH Gate, also found a mention: “Many ETH whales shifting to XRP because of the ETHGate corruption.” He also shared his perspective on the shifting dynamics between the stock market and cryptocurrencies: “The stock market is going down because of too many world conflicts. Masses moving from stocks to crypto (safe haven).” The 18th reason to be bullish according to the analyst is the upcoming approval of spot ETFs. He remarked, “BTC spot ETFs should get approved within the next 5 months. Which is super bullish for the whole space.” Regarding the Ripple litigation, he speculated on a potential resolution before the upcoming trial: “Possible complete settlement Ripple-SEC before April 19, 2024 (like Judge Torres stated).” The trial between Ripple and the SEC is set to commence on April 19. There’s been considerable buzz lately suggesting a possible settlement between Ripple and the SEC. At the very least, Judge Torres ordered both parties to participate in a settlement hearing beforehand. Lastly, celebrating the spirit of the community, he declared, “The XRP community is the most loyal, vocal, and strongest crypto community.” At press time, XRP traded at $0.4961. XRP price, 1-day chart | Source: XRPUSD on TradingView.com

[applythaivisa]

Divorce in Thailand

Divorce in Thailand can be either contested or uncontested, depending on whether both parties agree to end the marriage. Understanding the legal procedures, grounds for divorce, and how assets, child custody, and support are handled is crucial for navigating this complex process. Thailand’s divorce laws are governed by the Civil and Commercial Code and vary for foreigners and Thai nationals.

1. Types of Divorce in Thailand

1.1 Uncontested Divorce (Administrative Divorce)

This type of divorce is straightforward and available for couples married under Thai law. Both parties must agree to the divorce and appear in person at the District Office (Amphur) where the marriage was registered.

Requirements:

Both spouses must consent.

Must present marriage certificate and identification documents.

The divorce can include mutual agreements on child custody, division of assets, and alimony.

Advantages:

Quick and inexpensive.

Avoids court litigation.

1.2 Contested Divorce (Court Divorce)

If one party does not agree to the divorce or disputes arise regarding assets, children, or alimony, a court divorce is required. The petitioner must file a case in the Family Court, and the court will determine the outcome based on legal grounds and evidence.

2. Grounds for Contested Divorce

Under Thai law, a divorce can be granted for the following reasons:

Adultery: If one spouse engages in an extramarital affair.

Desertion: Absence for at least one year without justifiable cause.

Abuse or Cruelty: Physical or mental harm caused by one spouse.

Failure to Support: Refusal or inability to provide financial support.

Imprisonment: If one spouse is sentenced to imprisonment for more than one year.

Serious Misconduct: Behaviors damaging to the relationship or reputation.

Mental Illness: If one spouse has a permanent mental illness preventing normal cohabitation.

3. Division of Assets

Thailand follows the principle of community property for marital assets. This means:

Marital Property (Sin Somros): Property acquired during the marriage is divided equally.

Personal Property (Sin Suan Tua): Property owned before the marriage, inheritances, and personal gifts remain with the individual.

Common Issues:

Businesses owned by one spouse may be subject to division.

Hidden assets must be disclosed during the court proceedings.

4. Child Custody and Support

4.1 Custody

Child custody can be awarded to one parent or shared, depending on the court’s assessment of the child’s best interests. Thai courts generally favor joint custody unless one parent is deemed unfit.

4.2 Child Support

The amount of child support is determined based on the child’s needs and the paying parent’s financial capacity. The law does not set a fixed formula, so it varies from case to case.

5. Alimony and Spousal Support

Alimony is awarded at the court’s discretion. It is typically granted for a limited time to help the dependent spouse become financially stable. Factors considered include the length of the marriage, financial contributions, and the receiving spouse’s needs.

6. Special Considerations for Foreigners

International Couples: If the marriage was registered abroad, the divorce process might involve both Thai and foreign laws.

Foreigners Married to Thai Nationals: They can access the same divorce procedures as Thai citizens.

Prenuptial Agreements: Valid prenuptial agreements can help protect personal assets during divorce proceedings.

7. Timeframe and Costs

Uncontested Divorce: Completed within a day at the district office.

Contested Divorce: Can take several months to years, depending on the complexity of the case.

Costs include court fees, attorney fees, and potential mediation expenses for contested divorces.

8. Conclusion

Divorce in Thailand can be a simple administrative process or a complex legal battle, depending on the circumstances. Understanding the different types of divorce and their requirements is critical for ensuring a fair resolution. Consulting with family law specialists and preparing well in advance can help mitigate risks and protect your rights.

[attorneysinphuket]

Litigation System in Thailand

Thailand has a well-established legal system, and the country's litigation system plays an important role in resolving disputes between individuals and organizations. The litigation system in Thailand is based on civil law and follows a similar structure to many other countries, with a hierarchy of courts that handle different types of cases.

The Thai litigation system is divided into three levels of courts: the court of first instance, the court of appeal, and the supreme court. Each level has its own jurisdiction and responsibilities.

The court of first instance is the lowest level of court in the Thai litigation system. This court is responsible for hearing and deciding on civil and criminal cases. Civil cases may include disputes over property, contracts, and personal injury claims. Criminal cases may include cases of theft, fraud, and assault. The court of first instance has the authority to issue rulings and judgments on cases presented before it.

If a party is unhappy with the ruling of the court of first instance, they may appeal the decision to the court of appeal. The court of appeal is the second level of court in the Thai litigation system. It has the power to review and overturn the decisions of the lower court, and it may also hear new evidence that was not presented at the court of first instance. The court of appeal may either uphold or reverse the ruling of the lower court, or it may remand the case back to the lower court for further review.

The supreme court is the highest level of court in the Thai litigation system. It has the authority to review the decisions of the lower courts and the court of appeal, and it may also hear cases of constitutional law. The supreme court has the power to issue final rulings and judgments on cases presented before it.

One important feature of the Thai litigation system is the availability of alternative dispute resolution (ADR) mechanisms. ADR mechanisms are designed to provide an alternative to litigation and can help parties to resolve disputes without going to court. Some common types of ADR mechanisms in Thailand include mediation, arbitration, and conciliation.

Mediation involves a neutral third party who works with the parties to reach an agreement. The mediator does not make decisions, but rather helps the parties to communicate and find common ground. Arbitration involves a neutral third party who makes a decision that is binding on both parties. Conciliation involves a neutral third party who helps the parties to resolve their dispute by finding common ground.

One of the key advantages of ADR mechanisms is that they can be faster and less expensive than going to court. They also provide a more collaborative approach to resolving disputes, which can help to maintain relationships between the parties.

In addition to the formal litigation system and ADR mechanisms, there are also other legal procedures that can be used to resolve disputes in Thailand. One example is the Small Claims Court, which is a special court designed to handle small disputes. The Small Claims Court has simplified procedures and lower costs, which can make it an attractive option for parties seeking to resolve small disputes quickly and efficiently.

Another important legal procedure in Thailand is the use of legal representation. While it is not mandatory to have a lawyer in most civil and criminal cases, having a qualified and experienced lawyer can be invaluable in navigating the legal system and ensuring that a party's rights are protected.

In conclusion, the litigation system in Thailand plays an important role in resolving disputes between individuals and organizations. The system is based on civil law and follows a similar structure to many other countries, with a hierarchy of courts that handle different types of cases. ADR mechanisms provide an alternative to litigation and can help parties to resolve disputes without going to court. Other legal procedures, such as the Small Claims Court and legal representation, can also be used to resolve disputes in Thailand. By understanding the legal system and utilizing the available resources, parties can effectively resolve their disputes in a timely and cost-effective manner

Visit our website: https://www.attorneysphuket.com/litigation-system-in-thailand

[rsm-recruitment]

Top International Law Firms in Bangkok – RSM Recruitment’s Expertise

RSM Recruitment (Thailand) Limited is a trusted partner for international law firms in Bangkok, offering top-tier recruitment services for legal professionals. Their extensive network and deep understanding of the legal sector help firms find the right talent for critical positions. Whether hiring for corporate law, litigation, or compliance roles, RSM’s tailored approach ensures the best candidates are selected. With a focus on global standards and local expertise, RSM Recruitment supports international law firms in navigating the dynamic Thai market with confidence.

[rightsinexile]

Thailand National Screening Mechanism, refugee protection, and the human rights crisis in Myanmar

This blog was posted by Caroline Stover, the Asia Programme Manager at ARTICLE 19 and a legal consultant for the Refugee Rights Litigation Project. The piece was originally published by the Refugee Law Initiative (RLI) in its blog on Refugee Law and Forced Migration  on 15 April 2021.

The emerging human rights crisis in Myanmar has become the first real test for Thailand’s commitment to refugees after the promulgation of its Regulation on the Screening of Aliens Entering into the Kingdom and Unable to Return to their Country of Origin (B.E. 2562). The Regulation provides the rhetorical commitment—and in some cases concrete legal commitment—to refugee protection. The question is whether Thai authorities will permit Myanmar refugees to access it. [Read more here.]

[phuketattorney]

Litigation in Phuket

The civil laws of the Kingdom of Thailand are well renowned for being codified and being applicable in all situations. Its legal system is also exceptionally adaptable, which enables it to deal with a wide range of conflicts, from straightforward property ownership and contract disputes to complex business litigation, criminal law cases, and tax disputes.

In Phuket, Thailand, litigation is frequent and may be highly stressful for everyone involved. However, if you have the appropriate attorney on your side, you can effectively navigate the process. You can get assistance from a Thai attorney who is proficient in both English and Thai and is informed about the local legal system.

Buying Property in Thailand

Real estate investing in Phuket has never been more well-liked or profitable, especially when the market is holding its value well, as it did in 2008 throughout the European financial crisis. When buying real estate in Thailand, it's crucial to do your research and confirm that the property is properly titled before you pay for it. Due to the lack of local legislation and a trustworthy, well-established system for recording title information, buying property in Thailand might result in a number of legal issues, necessitating the use of expert research services. These will allow you to determine if the property is a good purchase and that the seller is not trying to hide any issues from you, such as a construction problem or a non-registered land ownership.

Property Developments and Dispute Resolution

The Phuket real estate sector frequently sees disputes over subpar workmanship, a lack of maintenance, and poor building techniques. This is why it's crucial to work with a lawyer who can guide you through the procedure and make sure you get just recompense for the issues you've encountered.

Business and Corporate Law in Phuket

The Thai laws will defend you from unfair competition from other businesses and people who might be offering goods and services at lower costs, whether you are a foreigner investing in a business in Thailand or a Thai corporation looking to extend its presence abroad. Additionally, the Consumer Protection Act of 1979 offers steadfast protection for consumer rights.

International Firms in Thailand

Numerous foreign legal firms have offices in Thailand and are ideally situated to provide clients with cross-border mandates. These firms include Linklaters, Allen & Overy (Thailand) Co., Ltd., and Baker McKenzie LLP. These firms provide comprehensive service offerings to support their customers' foreign transactions and have regional and worldwide networks, which can be a huge benefit in the Thailand litigation environment. Additionally, they provide knowledge in several fields, such as intellectual property, TMT, corporate and commercial, immigration, and tax.

Weddings in Phuket

There are numerous criteria and procedures that must be fulfilled when getting married in Thailand. It is advised that you speak with a Phuket marriage attorney for guidance on the many aspects of this process.

Visit our website: https://www.attorney-phuket.com/litigation-in-phuket.html

[chernobog13]

Ultraman Millennium and Ultraman Elite.

If you’re scratching your head because you’ve never heard of these guys don’t feel bad,  You didn’t forget them, they were never released.

Ultraman Millennium, whose real name is Ultraman Shu was to be the main hero of Project Ultraman, a multi-media enterprise conceived by Chaiyo Productions in Thailand.  Ultraman Elite was a second Ultra created by combining Millennuim/Shu’s DNA with a human.

Project Ultraman was planned to include a 52-episode television series, a live-action film, live stage shows, an animated series, a museum, a theme park, and much, much more.  Apparently, the tv series/film had a completely different storyline from the live shows, which I’m sure would have made things very confusing.

However, this project never got much beyond the planning stages due to litigation.  Long story short (and I’m greatly simplifying it here), Chaiyo had claimed for years that it had all rights to Ultraman outside of Japan.  Tsuburaya Productions disputed this, and a battle was fought in several different courtrooms in several different countries, with both parties winning victories.

The legal conflict was finally settled for good in December 2019 when a US court ruled that the Ultraman franchise, and all rights thereof, was the property of Tsuburaya Productions (yay!).

So Project Ultraman, with the hero Ultraman Millennium/Shu, Ultraman Elite, plus a bad guy named Dark Ultraman, never saw the light of day.