About Marriage Law in Cambodia:
The Kingdom of Cambodia implements a comprehensive and strict system of laws over marriages within its jurisdiction. The country’s main statute on marriage and family is the Civil Code along with the Law on Marriage and Family, which essentially discuss Cambodian individuals' rights and responsibilities that are related to marriage. The rules apply to both Khmer nationals and foreigners who wish to marry Cambodian citizens.
Why You May Need a Lawyer:
Legal advice is often a necessity when maneuvering through marriage regulations in Cambodia. It is particularly useful for foreign individuals who are unfamiliar with these laws. Besides, even for local citizens, marriage laws can be complex. For example, there are strict age restrictions, laws around property and debt, as well as rules regarding divorce and child custody that may require legal interpretation. Anyone confronting issues related to prenuptial agreements, cohabitation agreements, alimony, child support, and residentship due to marriage would definitely benefit from the help of a skilled lawyer.
Local Laws Overview:
In Cambodia, the legal age for marriage is 18 for both men and women, but in special circumstances, an individual aged 16 may marry with parental consent. In marriages with foreigners, the foreigner must respect the laws of his home country and the person must be legally permitted to marry as per Cambodian law. Polygamy is not allowed, except in some cases which require judicial intervention. A Cambodian spouse has the right to acquire citizenship of the partner, provided certain legal obligations are met. To avoid disputes, assets brought into marriage by each spouse are retained by them upon divorce, but any assets acquired during marriage are generally divided equally. If there are any legal issues after marriage, the Cambodian court has jurisdiction.
Frequently Asked Questions:
1. Can a Cambodian woman marry a foreigner?
Yes, a Cambodian woman can marry a foreigner. The foreigner, however, should adhere to certain guidelines including the laws of their own country.
2. What is the legal age for marriage in Cambodia?
The legal age for marriage in Cambodia is 18 for both men and women. In special cases, individuals aged 16 may marry with parental consent.
3. Is polygamy allowed in Cambodia?
No, polygamy is generally not allowed in Cambodia except in some very specific circumstances which require judicial intervention.
4. What happens to assets after divorce?
Assets that each spouse brought into the marriage remain with them after divorce. Any assets acquired during the marriage are generally divided equally.
5. Does the Cambodian court have jurisdiction over disputes after marriage?
Yes, the Cambodian court has jurisdiction over any legal issues that may arise during or after marriage.
6. Can child custody be shared after a divorce?
Yes, child custody can be shared, but the decision always depends on the best interest of the child according to the court’s assessment.
7. Are prenuptial agreements legally binding in Cambodia?
Yes, prenuptial agreements are recognised in Cambodia, provided they are made in accordance with the law.
8. Can foreigners living in Cambodia get married?
Yes, foreigners can get married in Cambodia, but they must meet specific requirements set out by both the Cambodian government and their own home country's government.
9. Can a same-sex couple get married in Cambodia?
As per current laws, same-sex marriage is not recognized in Cambodia.
10. Can a foreigner acquire Cambodian citizenship through marriage?
Yes, it is possible for a foreigner to acquire Cambodian citizenship by marrying a Cambodian citizen, provided they meet certain legal obligations.
Additional Resources:
For further information and assistance, individuals can refer to the Cambodian Ministry of Justice, which handles legal issues related to marriage and family. It is also advised to consult with reputable local or international law firms specializing in Cambodian family law to ensure accurate and timely advice.
Next Steps:
If you require legal assistance, it is advisable to consult with a lawyer who specializes in Cambodian family law. They can provide detailed advice and explain the proceedings relating to Cambodian marriage laws. If a dispute arises after marriage, consult with a Cambodian court or an experienced lawyer in order to resolve issues according to legal guidelines.
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The information provided on this page is intended for informational purposes only and should not be
construed as legal advice. While we strive to present accurate and up-to-date information, we cannot
guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change
frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
professionals for specific advice tailored to your situation.
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