Month: July 2020

A Legal Overview

The age of majority is the legal threshold at which individuals transition from childhood to adulthood. Upon reaching this age, individuals assume legal control over their person, actions, and decisions, terminating parental or guardianship authority.

Cambodia has established the age of majority at eighteen years old. This legal milestone signifies the transition from minor to adult status, granting individuals full legal capacity. Moreover, reaching the age of majority does not inherently equate to mental or physical maturity.

Age of majority 

It’s crucial to differentiate the age of majority from other age-related legal benchmarks, such as the age of consent, marriage age, or voting age. These are distinct legal standards with their own specific regulations and consequences.

While attaining the age of majority grants individuals fundamental legal rights, it’s essential to note that additional age-based restrictions may apply to specific activities, such as voting, holding public office, or serving as a judge.

Explanation

The age of majority should not be confused with the broader concept of the “age of license.” While the age of majority signifies full legal adulthood, granting individuals control over their person and affairs, the age of license pertains to specific permissions granted by the government to undertake certain actions, such as driving or voting.

While many age-based permissions or “licenses” correlate with the age of majority, they are distinct legal concepts. For instance, in Cambodia, individuals can obtain a Khmer identity card is at 16, while the voting age is at 18, age to stand for election is at 25, age for Khmer identity card is at 16, age for car driving license is at 18 but age for license for motor bike (less than 120 cc) is at 16.

Emancipation is a legal process that grants minors the status of adulthood before reaching the age of majority. Court approval is typically required, and the grounds for emancipation vary by jurisdiction. Common paths to emancipation include marriage, economic independence, or completing a degree or diploma. In Cambodia, while the general marriageable age is eighteen, exceptions exist for sixteen-year-olds with parental consent.

Cambodia’s legal age of criminal responsibility is eighteen. However, under specific circumstances, individuals aged fourteen or older may face criminal charges.

Our Firm Can Help

At PAN & Associates, our legal team possesses in-depth knowledge of Cambodian law, including matters related to the age of majority. We can provide comprehensive legal advice and representation to individuals and businesses facing age-related legal challenges.

Understanding Divorce in Cambodia

Cambodian law provides for both fault-based and no-fault divorce. While specific grounds are outlined, the legal system also grants judges significant discretion in divorce proceedings.

Grounds for Divorce

To initiate divorce proceedings in Cambodia, one spouse must cite at least one of the following grounds:

• Infidelity: Adultery or other forms of marital betrayal.
• Desertion: Abandonment of the marital home without justifiable cause.
• Missing Spouse: Absence of one spouse for a year or more without confirmed knowledge of their whereabouts.
• Separation: Living apart for at least a year without reconciliation efforts.
• Irretrievable Breakdown: A complete and permanent breakdown of the marital relationship with no possibility of reconciliation.

It’s essential to note that while these grounds exist, the court retains the authority to deny a divorce if it would cause undue hardship or suffering to the other spouse or children. Additionally, the court may reject a divorce petition if it finds the petitioner acted in bad faith or failed to fulfill their marital obligations.

Divorce by Mutual Agreement

Couples who mutually agree to divorce can petition the court without specifying grounds. However, the court must be convinced that both parties genuinely desire to end the marriage.

Division of Marital Property

Property acquired during a marriage is generally considered shared property. Spouses can agree on how to divide assets, but if they cannot reach an agreement, the court will intervene. Factors considered by the court include:

• Contributions of each spouse to acquiring and maintaining property
• Duration of the marriage
• Standard of living during the marriage
• Age, health, and occupation of both spouses
• Income and earning capacity of both spouses
• Welfare of any children

The Divorce Procedure

Divorce proceedings commence with a divorce petition filed either at the court or the commune council. The commune council has a 15-day period to attempt reconciliation before forwarding the case to court.

The court typically conducts mediation sessions to encourage reconciliation. If the couple cannot reconcile, the court will issue a divorce decree and address matters such as property division, spousal support, child custody, visitation, and child support.

Disclaimer: This overview provides a general understanding of Cambodian divorce law and does not constitute legal advice. It is crucial to consult with an attorney for guidance on specific legal matters.