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.
The Independent reports that a woman in the UK has tried to unsuccessfully sue two firms of solicitors claiming that they had failed to warn her that divorcing her husband would terminate her marriage. She argued that the two law firms failed to take into consideration her Roman Catholic faith and should have advised her to have a judicial separation as an alternative solution.
Perhaps understandably her appeal failed.
In Thailand divorce law there are two types of divorce: a court divorce and an administrative divorce registered through the government’s District Office.
Although Thailand has been a long-standing signatory to the Hague Convention on Civil Aspects of International Child Abduction,no domestic law in Thailand existed until 2012 to afford for the direct enforcement of rights pursuant to the Convention. Cases of international child abduction in Thailand were still resolved by the Thailand judiciary. However, such cases were considered under other applicable laws such as the Thailand Family Code.
In 2012, with the enactment of the Thailand Abduction Act, aggrieved parents and relevant government officials now have a more direct method to resolve international child abduction cases in Thailand.
The Nation has today reported that the Thai government has signed a memorandum of understanding, which could lead to landmark changes in Thailand’s labor law guaranteeing workers – including migrants – certain legal rights and conditions. Government workers, like soldiers and police, would also be granted certain rights as employees under the proposed changes.
The government is being asked to introduce ILO Conventions 87 and 98 which relate to workers protection when they ask for better terms and conditions of employment, and protection for striking workers when involved in wage and working condition negotiations.
According to Thailand Attorneys, Chaninat & Leeds Thailand employment law is primarily codified and enforced by the Thailand Ministry of Labour. However, before a proposal becomes a law, the draft of the law is normally prepared by Committee members in Parliament. To become law the draft must be passed by Parliament and signed by his Majesty the King. In general Thailand labor law applies to workers who are both Thai nationals and non-nationals. However there are special regulations for non Thai nationals that include the requirement for work authorization.
Such individuals would be well advised to become familiar with a piece of legislation called the Foreign Business Act (FBA). This sets out the rights of foreign companies in Thailand, as well as what is not permitted.
The first and biggest obstacle is that most, although not all, foreign businesses looking to register in Thailand require a Thai majority shareholding.
It is also possible obtain an alien business license, and Americans can set up an amity treaty company, but many companies prefer to have a Thai majority shareholding. Many foreigners choose to form a Thai majority company, so that the Company is able to operate a business in a category that is restricted to foreigners. The registration of a Thai majority company generally requires less registered capital and less paperwork than the registration of a foreign company. A Thai majority company can also buy land.
Unfortunately some foreign companies choose to take the easy way out. A nominee shareholder is a shareholder in name only: in reality nominee shareholders lacks any real financial stake or interest in the company. Under the FBA, the practice of Thai nominee shareholders is illegal.
There are companies in Thailand who will offer to supply Thai nominees. This is extremely high risk:
you will have no knowledge of who the shareholder of your company is;
they are employees who will probably be listed as shareholders in multiple companies
if they leave employment they have no relationship with you and owe you no loyalty.