If you have recently decided to divorce in Thailand, it is important that you seek legal advice from a Thai or international lawyer. The Thai legal system can be very complicated and, if you are not familiar with it, it can be easy to make mistakes. This can lead to financial loss and even personal injury, so it is essential that you have a strong legal advocate on your side.
Divorce in Thailand can take place through either a mutual consent divorce or a court divorce. A mutually consented divorce is a simple process that requires both spouses to agree on the terms of their marriage. This type of divorce can be completed in one day at the local district office.
Alternatively, a court divorce is a much more complex procedure that can take significantly longer to complete and will require the services of a divorce lawyer. Depending on the complexity of your case, this may be the best option for you.
The most common way to dissolve a marriage in Thailand is through an uncontested divorce, which can be done through the registrar at a local amphur (municipality). This involves going to the registrar with copies of your marriage certificate, your passport and your spouse’s ID card. The registrar will ask you some questions about what is in dispute and you both sign the divorce paperwork.
A contested or judicial divorce is when there are definite grounds for the separation. It is often necessary to have this kind of divorce if the couple cannot settle the issues related to child custody and marital property sharing amicably. Likewise, it is sometimes necessary for the court to be involved if one party has been absent and it has caused significant damage to the other party.
When a couple divorces in Thailand, there are different types of properties and assets that can be awarded to each party. These can include the property of the husband and wife, any children from the marriage, and any shared debts incurred by the couple. The distribution of these assets can be a complicated matter, especially in cases where the parties are from two different countries.
What is considered to be “Marital Property?”
Marital property is any property acquired by the couple during their marriage. The division of this property is determined by the court based on the facts presented to the court.
It can be difficult to divide these assets because of the complexities involved in the laws and regulations of Thailand. This can be particularly challenging in Thai-foreign marriages, because of the restrictions on foreign ownership of immovable property.
In cases where the parties can agree on all issues regarding their divorce, they may be able to draft a settlement agreement. This can be filed at the registrar or district office and can serve as an official record of their divorce. A settlement agreement can be used to settle issues such as the distribution of assets, child custody, and alimony. A lawyer can assist the couple in drafting the agreement and negotiating with the other party to get it approved by the court.
