Divorce is a complex legal process that impacts the lives of all parties involved. It can affect family relationships and financial stability, impact career choices and parental styles, and shape long-term life outcomes.
An administrative divorce or divorce by mutual consent is simpler and less costly, but both spouses must attend the district office (Amphur) in person to register their divorce.
Grounds for Divorce
Divorce in Thailand can be a very emotional and distressing time for both parties. This is especially true when children are involved. The resulting feelings of grief, anger and resentment can cause both spouses to act unpredictably during divorce proceedings. This unpredictability makes it even more important to seek legal representation. A professional Thai divorce lawyer can help both parties reach an agreement that is best for everyone, including the children.
If both parties in the marriage agree to end their marriage, they can file for an Uncontested divorce. This will allow both parties to decide their own terms for the divorce, including property division, child custody and alimony.
A Thai lawyer can also be helpful during this process by providing guidance and preparing all of the necessary documents. They will explain the various legal options for the divorce and help the couple come up with a plan that is in their best interests. It is important to have a comprehensive divorce agreement in place to avoid future disputes and protect your rights.
To get a divorce in Thailand, both spouses must present their original marriage certificates. They will also need to provide identification and proof of their residence in the country. If the spouses are foreign citizens, they may need to present their passports and have their marriage certificate translated and legalized by a Thai consulate or embassy.
Whether or not property is divided during a divorce depends on whether or not it was personal property brought into the marriage or marital assets. It is best to have a prenuptial agreement in place before filing for divorce. If one spouse made a contract (like a loan or gift) concerning personal or marital property that is contrary to public order and morals or that violates the provisions on Undue Enrichment (406 – 419 civil and commercial code) then that may be voided during the divorce process.
If both spouses have agreed to the terms of their divorce, they can register it at the district office where they married. It is recommended that both parties be present to sign the marriage registration form, and two witnesses will need to be present as well. A Thai lawyer can be helpful in this process by ensuring that the terms of the divorce are consistent with both domestic and international law. This can save the couple a lot of time and money in the long run. It is also advisable to have the divorce document translated and legalized by a government body if it will be used for any other purposes outside of Thailand. This process can take 3-6 months depending on the individual district offices or embassy.
Contested Divorce
A contested divorce, also known as a judicial or court divorce is available for couples who are unable to come up with an agreement on issues related to property sharing and child custody. This type of divorce involves legal proceedings in the courts and therefore takes longer to complete and can add up to the costs of the case.
A spouse can file a contested divorce only if they are willing to prove one of the grounds for divorce specified in the law. It is important to have an experienced family law attorney by your side to ensure that the process is handled properly and that all of your rights are protected throughout the court proceedings.
The parties filing a contested divorce must meet all of the required requirements including presenting valid identification cards and copies of their marriage certificates to the local district office for registration. It is important to note that both parties wishing to end their marriage must be physically present at the time of registering. Therefore, a lawyer cannot act on behalf of the spouses for an administrative divorce.
If you have a contested divorce in Thailand, you must take steps to hire an experienced lawyer as soon as possible in order to protect your interests and ensure that all of the necessary documents are filed correctly. You should also contact your lawyer early in the process to discuss what your options are regarding the division of assets and debts, spousal support, child custody, and any other issues that may arise during the course of the contested divorce.
There is only so much time that you can allow negotiations to drag on before you decide to move forward and halt the process and take your case to court. Filing a lawsuit is an effective way to show your spouse that you are serious about ending your marriage and can provide a good incentive to negotiate in good faith.
When filing a contested divorce in Thailand, you will be required to submit certain documents and provide proof of your identity, such as a valid identification card and your passport. You will also need to provide a copy of your marriage certificate and a divorce settlement agreement. A divorce settlement agreement is a document that sets out terms and conditions concerning the division of shared assets, child custody, visitation, and alimony. The terms and conditions in a divorce settlement agreement are subject to the approval of a judge, regardless of whether you are divorced by mutual consent or a contested divorce. A divorce settlement agreement must be submitted along with the application for a judicial divorce to the local district office.