Divorce in Thailand

Divorce in Thailand

Whether you are a Thai or a foreigner, if you are contemplating a divorce in Thailand, it is important to consider all possible legal options before making a final decision. Various types of divorce are available in Thailand, each with its own advantages and disadvantages. If you are considering a divorce, you should consult a qualified Thailand divorce lawyer to guide you through the process.

Uncontested Divorce

The administrative form of divorce in Thailand is an uncontested divorce. It is a divorce that both parties agree to, and it is preferred since it is quick and simple. Parties are not required to have a reason for ending their marriage for this kind of divorce in Thailand. Enough has been done to end the marital consortium between them. When submitting an uncontested divorce application, both the husband and wife must be present in person. It takes place at the neighborhood registration office, sometimes referred to as the amphur, amphoe, or khet.

Contested Divorce

One of the most common types of divorce in Thailand is a civil divorce. This type of divorce is regulated by the Thai Civil and Commercial Code. The civil code states that a marriage is a solemn contract between two people and that it can be dissolved by divorce. This type of divorce involves the division of property and other assets. The division of property is based on the Thai principle of community property. This means that any assets acquired by a husband or wife during the course of their marriage are considered common property and subject to the same rules as other assets. The Thai court will then decide how the assets should be distributed based on the Thai laws.

Another type of divorce in Thailand is a contested divorce. This type of divorce is filed by one spouse in the court system. Contested divorces can be a costly affair. In this case, the court will determine the division of property, alimony, and child support. The court will also decide how child custody will be handled. The court may or may not make such decisions based on a variety of factors, including the age of the children and the ability of the parents to care for the children. This is considered a very complex and expensive process and should only be handled by an experienced international law firm.

Governing Law

A Thai divorce is governed by the Thai Civil and Commercial Code, which has two main categories of separation. One is a divorce by mutual consent, and the other is an administrative divorce. A divorce by mutual consent is a legally binding contract that both spouses agree to dissolving their marriage. Both spouses must sign the agreement before it is submitted to the court. This agreement must contain all the details of the divorce including the grounds for divorce, the division of property, and alimony. The divorce is effected by the registration of the agreement at the district office or Amphoe. This type of divorce takes between 6 and 12 months and may be extended by a year.

A contested divorce is the more expensive of the two. This type of divorce is governed by Thai Courts and is handled by the District Offices in the city where the marriage took place. In this case, a plaintiff and defendant must personally appear in front of the district officer. If the divorce is contested, the judge must be convinced of the plaintiff's claims before granting a judgment. The judge can also order the respondent to provide documents and testimony to contest the claim. If the respondent fails to respond within the required timeframe, the plaintiff may file a motion to declare the defendant in default.

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