Looking for Family Lawyer in Bangkok Thailand

If someone is looking for the best Thai Family Lawyer in Bangkok or Thai Family Attorney in Bangkok, Thailand, who can speak English. Garn Tuntasatityanond & Associates is the best place and you can find the best Family Lawyer for Family Law cases in Bangkok who can speak English. Garn Tuntasatityanond & Associates is the best Thai Law Firm in Bangkok, Thailand who provides English Speaking Thai Family Lawyer for Family Law Cases like: .

In Family law cases, major cases are involved of divorce and child custody.  Both divorce and child custody can often be emotionally charged processes for the participants. In both divorce and child custody matters, child is taken away from their parents as a result of both matters.

Family Law cases in Thailand are …

  • Divorce
  • Child custody
  • Marriage Law
  • Prenuptial Agreement

English Speaking Thai Lawyers in Bangkok, Thailand

If you are looking for the best English Speaking Bangkok Lawyer or Attorney in Bangkok, Thailand, you are at right place, Garn Tuntasatityanond & Associates is the best place for the best Bangkok based English Speaking Bangkok Thai Lawyers / Thai Attorneys in Bangkok Thailand and Garn Tuntasatityanond & Associates is the best Thai Law Firm in Bangkok, Thailand. If you are looking for the Criminal Defense Lawyer in Bangkok, Civil Lawyer in Bangkok, Family Lawyer for family cases in Bangkok, Family Law Firm Lawyer in Bangkok, Family Law Attorney in Bangkok Thailand or if you are looking English Speaking Thai Lawyer in any other destinations of Thailand like Pattaya, Chonburi, Rayong, Ko Samed (Koh Samet), Khon Kaen, Hua Hin, Chiang Mai, Chiang Rai, Surat Thani, Krabi, Phuket, Koh Samui, Koh Pha Ngan, Koh Tao Lawyers or Attorneys in Thailand.

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Section 1606. Excluded from succession as being unworthy

Section 1606. The following are excluded from succession as being unworthy:

(1) the person who is convicted by a final judgment of having wrongfully and intentionally caused the death or attempted to cause the death of the de cujus or of a person having prior right to the succession;

(2) the person who, having prosecuted the de cujes for having committed an offence punishable with death, has himself been convicted by a final judgment for bringing a false charge or for fabricating false evidence.

(3) the person who, having knowledge that the de cujes was murdered, did not give information thereof for the purpose of bringing the offender to punishment; but this does not apply if he has not completed sixteen years of age, or if he is unsound mind so as to be unable to distinguish between right and wrong, or if the murderer is his spouse or any of his direct ascendants or descendants;

(4) the person who, by fraud or duress, has caused the de cujes to make, revoke or change partly or wholly a will concerning the estate or has prevented him from so doing;

(5) the person who, has partly or wholly forged, destroyed or concealed a will.

The de cujes may remove the exclusion due to unworthiness by a pardon in writing.


Application for and Issuance of Licenses Concerning Narcotics

No person shall produce, import, export, dispose of or possess narcotics of category I, unless the Minister permits for the necessity of the use for government service.

The application for a license or the permission shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulations. The production, import, export or possession of narcotics of category I in quantity as the followings shall be regarded as production, import, export or possession for the purpose of disposal

  1. Dextrolyzer or LSD is of the quantity computed to be pure substances of zero point seventy five milligrams or more or is of narcotics substances thereof of fifteen doses or more or is of pure weight of three hundred milligrams or more.
  2.  Amphetamine or derivative amphetamine is of the quantity computed to be pure substances of three hundred seventy five milligrams or more or is of narcotics substances thereof of fifty doses or more or is of pure weight of one point five grams or more.
  3.  Narcotics of category I unless (1) and (2) is of the quantity computed to be pure substances of three grams or mo

Check Litigation (Criminal)

A check is a type of instrument used to replace the payment of goods or settle non-monetary debt. But can be valued at the price of money Settlement by check, the debtor is deemed to have paid the debt completely only when the creditor can collect the amount paid by the debtor in the check. Check collection The check must be a complete check with complete information, whether it is payment date, amount, signature of check payer. If the case is a name check, the name of the creditor must be correct.

Check collection

The holder of the check or the creditor can bring the check with complete details to proceed with the collection at any bank. And it doesn’t have to be a bank branch that is specified on the check page, for example a check that is required to be collected at Kasikorn Bank. (Siam Square Branch) The check holder can bring the check to collect money into the bank account that he opened in a bank account, such as Siam Commercial Bank. (Siam Paragon branch)

In the case of a check payment and the bank refuses to pay Considered that the check has a problem The holder of the check must proceed to notify the check payer liable for an offense. According to the Act on Offenses Arising from Using Checks, B.E. 2534, Section 4

The prosecution must be reported to the place where the bank refuses to pay the check.

To report the prosecution to the place where the bank refuses to pay, consider from the check to which bank and branch to be billed. Submit a complaint to the local police station where the check bank branch is located, such as a Kasikornbank check (Om Yai branch), the check holder brings the check for collection at Kasikorn Bank (Krathumban branch) and the check is denied payment. If wishing to report the prosecution, the prosecution must be filed in Nakhon Pathom Province.

The case for reporting the prosecution to the police station which is not a place where the bank refuses to pay In the event, it is the investigation official’s discretion whether to receive a notification of the prosecution or not. Usually, the prosecution should be reported to the police at the branch bank where the deposit is located to refuse the payment.

The check case is a criminal case which is a compoundable offense, but the victim (check holder) is required to report the prosecution within 3 months from the date that the bank refuses to pay money, known as “bounce check”. After 3 months, the check payer cannot be prosecuted for criminal prosecution, leaving only the right to civil action for breach of the bills to sue within 1 year.

Check litigation is a criminal case. In addition to notifying the prosecution in the area where the bank has refused to pay the money. Litigation can be selected in two ways:

1 The injured person who is the representative can exercise the right to prosecute himself by hiring a lawyer to prosecute the case, which may bring the case without notifying the prosecution, but must bring the case within 3 months from the date the bank has refused to pay the payment.

2 Notifying the prosecution officer and requesting the public prosecutor to proceed with the case, and the holder of the check may also apply to be a co-plaintiff in the case.


Mischief Charge in Thailand

Mischief Charge in Thailand

Section 358 Whoever, damaging, destroying,  causing the depreciation of value or rendering useless  the property belonging to the other person or which the other  person to be the co-owner, such person  to  be  said  to  commit  mischief,  and  shall  be  imprisoned  not  out  of  three  years  or fined not out of six thousand Baht, or both


How to get a Divorce in Thailand?

Divorce case in Thailand

Please see the content about how to get a divorce in Thailand. In Thailand, people can get a divorce with consent between husband and wife. But if can’t get consent, there must be a ground for a divorce.

Section 1516. Grounds of action for divorce are as follows:

  1. One spouse has given maintenance to or honored another person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;
  2. One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:
    1. To be seriously ashamed;
    2. To be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
    3. To sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration;
      the latter may enter a claim for divorce;
  3. One spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
  4. One spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
    1. One spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;
    2. The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
  1. One spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
  2. One spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
  3. One spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
  4. One spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
  5. One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
  6. One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.

Working with a Thai Lawyer and the Lawyers Council Code of Ethics

Working with a Thai Lawyer and the Lawyers Council Code of Ethics

Working with a Thai lawyer is a regulated process that ensures the needs of both the court and the client are met with the utmost regard. In Thailand, every Thai lawyer is expected to be a member of the Lawyers Council. The Lawyers Council is an institution that sets the ethical conduct of all Thai lawyers which they should follow to the letter. Failure to adhere to the rules will lead the Thai lawyer to be deemed to commit ethical misconduct.

The Lawyers Council has a set of code of ethics on how a Thai lawyer should behave towards the court, the client and other lawyers and litigators.

Ethic towards the court and in court

  • A Thai lawyer should not refuse to act as a pro bono lawyer in a criminal case when a judge asks unless there is a reasonable excuse
  • A lawyer must respect an authorization of the court
  • A lawyer should not give a false statement, documentation or evidence to deceive the court
  • A Thai lawyer should not be an accomplice whether directly or indirectly in producing false evidence, falsified witness testimonies, bribery or the concealing of information

Ethics towards a client

  • A Thai lawyer should not incite a client to file a lawsuit without any probable cause
  • A lawyer should not convince a client that they will win a case when they obviously know that they will not
  • A Thai lawyer should not flaunt that they know better than any other lawyer
  • A lawyer should not flaunt that they know someone who could give a privilege
  • A lawyer should not disclose any confidential information about the client without their consent
  • A lawyer should not be deliberately absent to an appointment or neglect a client’s case
  • A lawyer should not obscure any information from the client or neglect to perform
  • A Thai lawyer should not use any previous information from one party to assist another party interested in the same case
  • The lawyer must not use any form of deceit
  • A lawyer should not retain or possess the property or monies of a client beyond the time agreed upon without the client’s consent

Ethics towards other litigators

  • A Thai lawyer must not compete, bid or promise to accept a case when there is another existing lawyer to the litigant
  • A lawyer should not exaggerate about name, qualification, place or office in order to persuade clients when they are advertising themselves or others
  • A Thai lawyer should not misbehave in a way that diminishes the dignity and pride of lawyers
  • A lawyer should neither agree nor promise to give a commission to any employee in exchange for supplying a case

Ethics about dress code

  • Male Thai lawyers should wear white or non-colourful clothes and closed shoes
  • Women Thai lawyers should wear non-colourful blouses and skirts with closed shoes

The Lawyers Council code of ethics covers everything about the nature and work of a Thai lawyer and how they are to carry themselves. Hence, working with a licensed and registered Thai lawyer is hassle-free.


What is a Licensed Thai Lawyer & How Can You Be One?

Legal aid is a very sensitive issue because in many instances, it determines a person’s freedom in case they are in legal trouble or need legal help. It is therefore important to understand who is a licensed Thai lawyer and who is an unlicensed attorney. Why is this important? Having an incompetent legal representation can further worsen your legal situation.

According to the Thailand Lawyers Act B.E 2528, a Thai lawyer is defined as a person who has been registered as a lawyer and has been issued a license by the Law Society of Thailand. Form this definition, it is clear to see that a licensed Thai lawyer is a lawyer who has been issued a license by the Law Society of Thailand. Now, before a Thai lawyer is given this license, they must have an education in law.

In Thailand, no one can practice law or call themselves a lawyer if they have not had a law education, are not registered and are not licensed to practice. In other parts of the world like the United Kingdom, lawyers are divided into barristers and solicitors but a licensed Thai lawyer is just that: a licensed Thai lawyer. There are no such divisions. Furthermore, to be licensed as a Thai lawyer, lawyers in Thailand are not required to pass a bar examination like in the United States.

As mentioned, a Thai lawyer is given a license by the Law Society of Thailand. This society operates to promote, educate and supervise its members. In order to be part of the Law Society of Thailand, an individual must meet certain requirements including:

  • Educational requirements which are that the candidate must have obtained a bachelor’s degree in law or an associate degree in law from an educational institution accredited by the Law Society of Thailand
  • The individual must be a member of the Thai Bar Association

After becoming a member of the Law Society of Thailand, an individual can then be registered and obtain a lawyer’s license. In order to become a licensed Thai lawyer a candidate must complete training in professional ethics and the basic principle of advocacy and the legal profession. The Institute of Law Practice Training which is a part of the Law Society of Thailand runs this training course.

The course is usually divided into two terms:

  • Term one, the candidate learns the theory of case conduct and professional ethics for not less than 90 hours.
  • In term two, the candidate must practice working in a qualified law office for at least six months.

At the end of every term, an examination is held and after completion of the training course, a candidate can then apply for a license from the Law Society of Thailand.

So then, what is a licensed Thai lawyer? A licensed Thai lawyer is a lawyer who has met all the requirements laid out by the Law Society of Thailand, has successfully completed the training course run by the society and has satisfied the Law Society that they are deserving of a license to practice Thai law.


Tips for Choosing the Right Thai Law Firm

When faced with serious litigation and legal problems, it is important to look for a law firm that has extensive experience in litigation procedures. You need to have set criteria that will help you choose highly competent attorneys. How then do you choose the right Thai Law Firm?

 

Ability and service

The first thing is that a Thai Law Firm should have the ability to obtain the results you desire. The firm should provide you with good service. One way of finding out about their abilities is to study the credentials and background of the firm’s attorneys. Moreover, the treatment you receive should also indicate what kind of service the Thai Law Firm gives to its clients.

 

Reputation and Experience

The reputation of a Thai Law Firm should be the primary consideration when making your choice. A Thai Law Firm with a good reputation means that the firm has experience, has won successful cases and has good credentials. People usually go for Thai Law Firms that have won high-profile cases because this is a key indicator of the law firm’s legal expertise and wide network.

Reputable Thai Law Firms specialize in areas like:

  • Appellate court litigation
  • Investment management
  • Employer liabilities
  • Real estate claims

The law firm must understand the nature of your business if you are a business owner. Furthermore, the Thai Law Firm should be capable of giving advice in simplicity without using complicated legal terminologies.

In conclusion, you should choose a Thai Law Firm whose reputation precedes them. Whether they are high profile or low profile firms, ensure that they have the relevant experience to handle your legal issues.

 

Budget considerations and resources

It is no secret that legal problems can be expensive. However, it is important to look at your budget. Well-known Thai Law Firms will charge exorbitant fees which may be beyond your budget’s reach. The alternative is to find less-renowned Thai Law Firms. This does not mean that such a firm is not as proficient as the popular and expensive firms. Understand that higher fees do not always equate to capable law firms. There could be reasons that contribute to the low fees that the firm charges.

You can look for Thai Law Firms within your budget from available resources and even from recommendations from people who have used the services of Thai Law Firms before.

 

Personal meeting

You must meet your prospects personally. Talking over the phone or communicating through emails is not enough. Face-to-face meetings are the best way to go about making a decision. In addition, it helps you know which filed the Thai Law Firm specializes in, since many law firms charge hourly rates, agree on a spending limit that is within your budget.

During your personal meeting, ask for a formal estimate. Find out about the lawyer’s background and verify all the information with directories of disciplinary agencies for law practitioners. Review the law firm carefully.

Use these tips to choose the right Thai Law Firm because choosing the wrong firm will give you regrets in the long run.


Bangkok Thailand Lawyer