Divorce in Thailand is a legal process that ends a marriage. This procedure can be either a mutually consented or contested divorce. A Thai family lawyer can help guide you through this complicated process.
Divorces in Thailand are usually uncontested, which means that the couple agrees to end their marriage and files a petition for a divorce. This type of divorce is usually cheaper and easier to process. However, if the spouses have any disagreement over issues such as child custody or property, then the divorce will be a contested one and a court will need to be involved.
If the case is contested, it will take much longer, cost more and require more court appearances by the lawyers. It is important to discuss with your lawyer the possibility of a divorce settlement agreement before you decide to proceed with a contested divorce in Thailand.
Prenuptial Agreements
Before you get married, it is a good idea to have a prenuptial agreement in place. A prenuptial agreement will protect your rights and assets in case you decide to divorce. It also helps prevent disputes over the division of assets in a divorce.
Community property regime
In Thailand, all property acquired during the marriage is considered community property and is shared equally in a divorce. This means that each spouse has an equal share in the marital estate and all of it will be divided up according to the laws of Thailand, regardless of which party originally owned it.
The other main reason for a divorce in Thailand is when there are issues related to the children of the marriage. These can include custody and visitation rights.
These are also referred to as “parenting” or “child custody” cases in the Thai courts. This can be a difficult time for your children and if the parents cannot come to an amicable agreement, then the court will have to step in and resolve this issue.
It is possible to contest a divorce if your spouse does not agree with the grounds for the divorce or refuses to sign the marriage contract. In these cases you will need to present a written statement of the grounds for the divorce and a witness who can confirm that both parties have agreed on the grounds for the divorce.
Section 1516 of the Civil and Commercial Code provides the legally acceptable grounds for a divorce in Thailand. These grounds include three years’ separation, a one-year desertion, adultery and failure to pay maintenance.
Getting divorced in Thailand can be very stressful and difficult. A good divorce lawyer will be able to ensure that your interests are protected and that you receive everything you deserve from the divorce.
A divorce is a complicated legal procedure that can be difficult to understand on your own, especially if you are not familiar with the Thai law. Hiring a divorce lawyer in Thailand will save you a lot of money and stress down the road, so make sure to choose a qualified attorney for your situation.