Legal Maze: Different verdicts in same-sex couple cases in Thailand

by Admin on December 13, 2023

Same-sex couples often face legal challenges when their relationships, established in one country, encounter different recognition levels in another. Seeking acknowledgment of their legal status, individuals turn to the application of foreign laws under conflict of laws rules. Notably, the Thai Court has grappled with such cases, exemplified by Appeal Court Judgment No. 18776/2018 and Supreme Court Judgment No. 2887/2020.

In the former case, the petitioner sought the Thai court’s decision on estate management after registering a life partnership with a deceased British national in Vietnam. Despite the deceased’s domicile in England and death in Mexico, the Court of Appeal recognized the petitioner’s entitlement to the inheritance, citing the Conflict of Laws Act and English law.

Conversely, Supreme Court Judgment No. 2887/2020 involved a theft case between two Thai women, legally married in England. The Supreme Court, however, denied the status of marriage under Thai law, emphasizing the requirement for a man and a woman for a valid marriage.

These cases highlight the complexity of conflicting laws. It is very important to consult a Thailand international Probate lawyer who is an expert in international inheritance management cases. By the Appeals Court upholding the recognition of same-sex partnerships. Meanwhile, the Supreme Court denied spousal status. The contrasting results reflect a complex legal landscape based on factual and legal issues that vary from case to case.

Photo credit: Annamaria Vidović

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