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Family Law Litigation

Divorce, child custody, child support, division of marital property, adultery claims and family inheritance cases. We take cases nationwide; our office is in Pak Kret, Nonthaburi.

A family case is a dispute between people in the same household that needs a court to decide. Typical examples are divorce, the care and custody of children, the division of property acquired together, claims for compensation against a person who interfered with a marriage, and inheritance matters within the family. These disputes are often emotional, and a single decision can affect children and property for a long time.

This page explains which family cases our office handles, which court hears them, how the work goes when you have a lawyer, what to prepare, and answers to common questions. For more detail on any topic, follow the link to its article. The information here is general, not advice for any particular case, because the outcome of each case depends on the actual facts and documents.

Matters We Handle

Divorce, by court judgment or by consent

The Civil and Commercial Code allows divorce either by consent of both spouses or by court judgment, and a court divorce needs a ground recognised by law (CCC sections 1514 and 1516).

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Child custody and child support

When parents cannot agree on who the child lives with and who pays for what, the court decides, with the child's interests as the main consideration.

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Division of marital property

On divorce, marital property is divided as the law provides, while each spouse's personal property is not divided. Which category an asset falls into depends on the documents and how it was acquired.

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Claiming compensation from a third party in an affair

A spouse who has been wronged by an affair may claim compensation from the third party under the conditions set by law, supported by evidence (CCC section 1523).

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Petition to appoint an estate administrator

In practice, banks or the land office often ask for a court order appointing an estate administrator. An heir, an interested person or the public prosecutor may file the petition under the conditions of CCC section 1713.

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Heirs or administrators who will not share the estate

If someone holds or manages the estate without sharing it with the other heirs, several legal routes exist. Each has a different limitation period, so dates and documents should be checked first.

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Wills

A will made in the form required by law helps reduce later disputes among heirs and can name the estate administrator.

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Legitimation of a child

For a child born to parents who were not married, the father becomes the legal father by later marrying the mother, by registering the child as his, or by court judgment (CCC section 1547).

How Working With a Lawyer Goes

  1. 1Initial consultation: you describe the facts and send the documents you have. The lawyer checks what type of case it is, whether you need to file or defend, and whether there is an option other than going to court.
  2. 2The scope of work and the lawyer's fee are agreed in writing before work starts, and the lawyer then gathers further documents and evidence.
  3. 3The lawyer prepares the complaint or the answer and files it at the court that has jurisdiction, then waits for the court to serve the summons and set the hearing dates.
  4. 4At the hearing, the court usually asks the parties to try mediation first. If they agree, the terms are recorded as a compromise agreement. If not, the court goes on to hear the evidence.
  5. 5The court gives its judgment. The lawyer explains the result and what comes next, such as an appeal or enforcement of the judgment.

Documents to Prepare

  • ID cards and house registrations of both spouses
  • Marriage certificate, or divorce registration if there is one
  • Birth certificate and house registration of each child
  • Documents about property, such as land title deeds, bank books, vehicle registration books, loan agreements and sale contracts
  • Evidence of your income and expenses and those of the children, such as pay slips and school fee receipts
  • Evidence of the facts you rely on, such as chat messages, photographs, police reports and medical certificates
  • The court summons and any other papers received from the court, if you are the defendant
  • Any consent or agreement the two of you made earlier

Courts and Service Area

  • Central Juvenile and Family Court: hears family cases within its jurisdiction in Bangkok, as defined by law.
  • Provincial Juvenile and Family Courts (for example, the Nonthaburi Juvenile and Family Court): hear family cases within that province.
  • General rule on jurisdiction: a case is usually filed at the court where the defendant is domiciled or where the cause of action arose. The lawyer checks which court is correct for your case from the actual facts.
  • Estate matters, such as appointing an administrator or dividing an estate, are generally filed at the provincial or civil court where the deceased was domiciled at death, not the juvenile and family court.

Our office is in Pak Kret, Nonthaburi, which is convenient for clients in Nonthaburi, Pathum Thani and northern Bangkok, but we take cases nationwide. You can start with a consultation by phone or LINE. Office details

Frequently Asked Questions

What grounds are needed to file for divorce?
If the spouses cannot agree to divorce, a court case must rely on a ground listed in section 1516 of the Civil and Commercial Code, such as maintaining or openly treating another person as a spouse or having an affair, misconduct, physical or mental harm or torture, wilful desertion, or living apart as the law provides. Whether a particular ground can be used depends on the facts and evidence of each case, so the lawyer must first check the actual documents.
Does a divorce by consent have to go to court?
Not necessarily. If both spouses consent, they can divorce by signing a divorce agreement in writing with at least two witnesses and registering it at the district office (CCC sections 1514 and 1515). If they cannot agree on who exercises parental power over the children, the court decides (CCC section 1520), and a property dispute may also need a court to decide.
What does the court consider when setting child support?
Parents have a duty to support their children who are not yet adults (CCC section 1564). The court looks at factors such as the child's needs, age and schooling, and the income and means of the person who must pay. There is no fixed figure, so it helps to prepare complete evidence of income and of the child's expenses.
How is marital property divided?
Property that the spouses acquire during the marriage is generally marital property, and on divorce it is divided equally (CCC sections 1474 and 1533). Personal property, such as assets owned before the marriage, or acquired during the marriage by inheritance or by a gift made out of generosity (CCC section 1471), is not divided. But the fruits of personal property, such as rent, are marital property. Whether an asset is marital or personal depends on how it was acquired and on the documents.
Who does the child live with after a divorce?
In a divorce by consent, the spouses agree in writing on who holds parental power. If they cannot agree, or the divorce is by court judgment, the court decides (CCC section 1520), with the child's interests as the main consideration. It does not always depend on which spouse was at fault.
What evidence is needed to sue a third party in an affair?
You must be able to prove that the person being sued interfered with your spouse in the manner of an affair (CCC section 1523). Evidence often used includes chat messages, photographs and witness testimony. Whether any item is usable and sufficient must be checked by the lawyer from the actual documents, including whether it was obtained lawfully.
Can I use your services if I live in another province, and which court will hear the case?
Yes. The office takes cases nationwide, and you can consult by phone or LINE and send documents online. The court where the case is filed is generally the one where the defendant is domiciled or where the cause of action arose, which may be the juvenile and family court of your own province. The lawyer will check and tell you based on the facts of the case.
How is the lawyer's fee for a family case set?
The fee is set according to the nature and complexity of the case and the courts and steps involved. The scope of work and the fee are always agreed in writing before work starts, so you know in advance what the work covers.

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Note: The information on this page is for general educational purposes only and not specific legal advice. If you have a case or need guidance, please contact a lawyer directly at 081-544-0944

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