Category Archives: General Thai Law

Adultery Will No Longer Be A Crime In New Hampshire

The USA Today, reports that the New Hampshire state Senate voted on Thursday 17 April 2014 to repeal its anti-adultery law, by sending the bill to the Governor Maggie Hassan, who is thought likely to sign it into law. Under the present law, a convicted adulterer can be punished with a fine of up to USD 1,200.

“States’ anti-adultery laws are rarely enforced, a vestige of our country’s Puritanical beginnings”, says Naomi Cahn, a law professor at the George Washington University Law School.

States with anti-cheating laws generally define adultery as a married person having sexual intercourse with someone other than their spouse.

Adultery is not a criminal offense in Thailand, but it can be used as a ground to divorce a cheating spouse. Adultery is also a civil offense in Thailand meaning that an adulterer can be sued in Civil Court by an aggrieved spouse.

Read the full article here 

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Human Rights Watch Urges Thailand: Do Not Send Uighurs To China

Photo: tayloranddayumi

Photo: tayloranddayumi

Human Rights Watch   has urged  the Thai government not to deport 112 ethnic Uighurs to China.  The group of Uighurs were recently detained in Sa Kaew province near the Thai-Cambodia border and they are now in the central Immigration Detention Center in Bangkok.

“Past cases have shown that Uighurs returned to China are always at risk of persecution,” said Brad Adams, Asia director. “Thailand needs to act quickly to ensure that these people are protected and not sent into harm’s way.

In a similar scenario in 2013, Mulsim Rohingyas were detained in Thailand after fleeing violent clashses in neighbouring Myanmar. This led to the HRW previously warning the Thai government over its treatment of the 1,700 ethnic Rohingya  who were detained under allegedly inhumane conditions in June 2013.

Thailand as a signatory to the International Convention against Torture,  has, along with other nations acceding to the convention, agreed that no one in its custody shall be forcibly sent to a country where there is a risk of being  subjected to persecution, torture, or other serious human rights violations.

Read the full article here

 Related Documents

Treaty between The Kingdom of Thailand and The People’s Republic of China on Extradition

Thailand’s Notable Criminal Extradition Cases

Fugitives in Thailand

International Prenuptial Agreements in Japan

Prenuptial agreements are not common in Japan, however Japan does have extremely detailed laws governing their application. This distinguishes Japan from many other countries, such as the United States where the laws are not clear cut, and can leave many couples finding their agreements are invalid.

Japan has extremely detailed laws that govern the conflict of law issues of international prenuptial agreements. Conflicts of law arise w here there are two or more countries that have an interest in the case or jurisdiction to decide a case and they have conflicting laws to apply to the case.

If a conflict of law issues arises with a prenuptial agreement in Thailand  then courts will rely on the Thailand Conflict of Law Act.

Read the full article here

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Prenuptial Law in Europe, Australia and the UK

We have an iron-clad prenuptial agreement and other Myths of the Prenuptial Agreement

 

A Legal Comparison of Prenuptial Agreements in The US, Thailand and the EU

With the rise of globalization and increased ease of travel, an international perspective is vital to most legal matters. Many countries have recognized the necessity of a uniform approach for the treatment of international prenuptial agreements and their legislatures have responded and indeed more couples are seeing the benefits of entering into a prenuptial agreement either to protect specific assets, or just for general peace of mind.

However if there are conflicting jurisdictions how do Courts deal with such issues?

Unfortunately, even if the parties’ try and plan ahead an and include a choice of law provision it can sometimes be the case that this offers more problems than it does solutions.

In Thailand if a prenuptial agreement  has conflicting jurisdictional issues, then the Thailand Conflict of Laws Act clarifies any international conflict of laws in Thailand, but sadly the situation is much less clear in the US, where couples can never be certain quite how the Courts will rule.

In the EU, the Hague Convention on the Law Applicable to Matrimonial Property Regimes presents a uniform and highly flexible approach to prenuptial agreements which again provides more certainty than the US presently do.

This article by Joe Leeds, manager of Chainat & Leeds law firm looks in more detail at how international prenuptial agreements are dealt with and carries out a detailed comparison of US law, Thailand law and EU law.

Read the full article here 

Attempted Divorce In US State That Doesn’t Recognize Their Marriage

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We knew it was not going to be long before this issue arose, the only questions were when and what state, and now we have those answers.

Dallasvoice.com  has reported that two same sex couples who were married in Massachusetts but now live in Texas want to divorce, but Texas Attorney General Greg Abbott is fighting it against the divorce that was granted at first instance, arguing same-sex couples in Texas can’t divorce because the state doesn’t recognize their marriages.

The argument is whether a state can grant a divorce when the marriage is not recognized, and indeed whether a state can actually contest a divorce in light of the fact that it is only the two parties involved who can petition.

Thailand divorce attorney, Jiraporn Thongpong explains, “this case is really interesting and there will be many awaiting the judgment. Presently same sex marriage is not legal in Thailand, but it is reportedly going to be the first Asian country to recognize it. If this is the case, then potentially many Asian same sex couples will travel to Thailand to get legally marriage, which could leave them with the same issue if they return to their home country and then decide to divorce”.

Read the full article here – judgment is expected to be received in the late Spring/early summer.

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