Tag Archives: same sex

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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Malaysia Worried If Thailand Approves Same Sex Marriage Bill

The possible legalization of same-sex marriages in neighboring Thailand is worrying Malaysia Department of Islamic Development who feel it will indirectly impact Malaysia reports the Star Online.

Jakim director-general Datuk Othman Mustapha has urged the Women, Family and Community Development Ministry to take action and share their views on preventing the issue arising by “creating a specific civil law” on the matter. Although he recognizes that Malaysia cannot get involved with the laws of foreign countries, Othman controversially believes that what the LGBT community champions as basic human rights will act as a “cancer” to society.

Thailand is one of the most tolerant countries in Asia in regards to homosexuality, however Thailand attorneys  confirm that same sex marriages are still not legal in Thailand. It is thought though the first first draft of a bill legalizing it is in place and that Thailand might become the first country in South East Asia to recognize same sex marriage.

Read the full story here

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First Gay Divorce In Colorado

Colorado’s first recognized same-sex divorce became final this week.

Supporters of Colorado’s civil unions law celebrated the news, saying the court ruling means gay couples married in other states can legally terminate their relationships in the state without the need to uproot their lives. Interestingly, gay couples are still  not permitted to get married in Colorado but are allowed to get divorced under state statute.

Thailand Divorce Attorney

Thailand Attorneys, Chaninat and Leeds specializes in Thai and international divorce law

The couple, Juli Yim and Lorelei Jones wed in Massachusetts in 2009, where same-sex marriage is legal. However they drifted apart, and Yim met a new partner in Colorado. Since May 2013, Colorado allows same sex divorces, provided one of the couple have been resident in Colorado for 90 days prior to the proceeding.

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Same Sex Couple Seeking Divorce Clash With Indiana’s Laws

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Putin Signs Law Limiting Adoption Options For Gay Couples In Russia

Vladimir Putin has banned same-sex couples from adopting children in Russia, the Kremlin Press Service announced on Wednesday.

The amended “Family Code” will prohibit the adoption of Russian children by foreign same-sex couples and by single individuals in countries that have legalised same-sex marriage.

The news has caused outrage and controversy both with the LGBT community and human rights campaigners.

What about same-sex couples who want to adopt a Thai child? Whether the same-gender couples are from Thailand or overseas, allowing same-sex couples to adopt also remains a controversial subject. Despite embracing the LGBT community, Thailand still does not recognise same sex marriage and therefore does not afford the same rights of adopting a child to gay couples.

Relevant Documents: Thailand Adoption Law

Related Articles: Supreme Court to Hear Native American Adoption Case

Issues With Same Sex Marriages And Prenuptial Agreements

Yesterday we revealed the much anticipated decision from the Supreme Court regarding DOMA and considered the implications this could have for same sex couple.

Indeed, opinions, thoughts and analysis has been thick and fast over the last 24 hours and today we have read this article in Forbes magazine, which we find interesting. The attorney who wrote the piece explains how he anticipates the decision is going to create a flux of marriages, possibly not seen since the end of the Second World War, but instead of the ceremonies being between couple who hold little or no assets, it could in fact be to the opposite end of the scale and involve couples who hold significant assets and property.

Thailand Divorce Lawyers

Chaninat and Leeds specialize in divorce law in Thailand

It floats the idea therefore rather than being fools that rush in, whether same sex couples would be wise to seek legal advice about the benefits of entering a prenuptial agreement. Not the most romantic of notions, but the author explains that same sex couples are equally as likely to divorce as heterosexual couples.

However, it then explains the issue with this is that despite yesterday’s welcome decision, individual states still cannot be obliged to recognize same-sex marriages from other states. This creates the potential for a legal mess regarding the respective rights of each partner if they, or just one of them, moves to a state that does not respect same-sex marriages entered into in another state.

It is certainly an interesting angle to consider yesterday’s Supreme Court decision on. Having given the matter some thought, it is an analysis  that we wish to develop further. We agree and also anticipate there could be potential future problems with interstate marriages if not all states recognize same sex marriage, but what of  international couples?

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The point we made with our analysis yesterday was the immigration benefits the abolition of DOMA will bring to same sex couples and the benefits that US citizens should now be able to sponsor their partner should they decide to settle in the US, but what if following this, the couple decide to relocate abroad anyway? What if the split doesn’t happen until then leaving one of the couple say in Thailand, and one in the US? How will courts in foriegn nations that do not recognize same sex marriage enforce divorce judgments or interpret prenuptial agreements?  Thailand still does not recognize same sex marriage.

The author of the article suggests that a prenup would help, however in our analysis, this would depend on the conflict of law provisons of the country. Thailand’s Conflict of Laws Act controls any international conflict of laws in Thailand. According to the language of the section, the laws of the marital parties’ common nationality will control the interpretation and enforcement of the couple’s international prenuptial agreement. If the parties do not have the same nationality, then the law of the country that the parties intended or are presumed to have intended to apply to their agreement will be applied by the court.

The uncertainty however remains. We are again left with more questions than answers.

Read the full article here

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