Divorce in Thailand involves a process of dividing assets and debts. Under Thai law, anything acquired during the marriage is considered marital property and must be divided equally between the spouses. Also, any debts incurred during the marriage are considered common debts.
David and Supaporn decided to pursue a divorce by mutual consent. This type of divorce can be completed at the local Amphoe office with no court involvement.
Divorce in Thailand is based on one of ten legally defined grounds. If both parties agree on the grounds for divorce they can file an uncontested divorce. Contested divorce proceedings require lawyers and may involve a series of court appearances.
Some of the grounds for divorce in Thailand are fairly broad and open to interpretation. For example, you can get a divorce on the grounds that your wife or husband has been diagnosed with an incurable illness such as hepatitis. However, you must seek medical advice to determine if your spouse has the disease before filing for divorce on this basis. The court will then review your evidence and testimony to decide whether to grant the divorce.
In Thailand, a divorce can be registered at a district office (Khet or Amphur) with both spouses present. In addition to a valid passport, each spouse should bring a translated and legalized copy of their marriage certificate. Some amphurs may require additional documents.
The process can be complicated, especially if there are disagreements over property division or child custody. A lawyer can help navigate this process and ensure that both parties’ interests are protected.
Couples who agree on all aspects of their divorce can file for an uncontested divorce at the amphur with little to no paperwork. However, a contested divorce requires legal proceedings where each party must present their arguments and evidence to the court.
In Thai law, all assets obtained during the marriage are considered common property and must be divided equally. However, personal property remains with the individual. During divorce proceedings, the court will also resolve issues regarding alimony and child support.
Having legal help can reduce problems and lessen the emotional toll of divorce in Thailand. A lawyer can assist a foreigner with preparation of the necessary documents to register a divorce in Thailand. It is recommended that a translator and certified interpreter be present for the registration process.
A counter-petition is an important tool that can change the course of divorce proceedings. It allows the responding spouse to voice their concerns and contest the terms presented in the initial petition. This allows the court to hear both sides of the story and arrive at a more balanced resolution.
A contested divorce can address issues like division of assets, child custody, and alimony. It is best to try to come to an agreement outside of court through mediation or a prenuptial agreement. If a divorce is contested, a Thai lawyer can help you navigate the process.
When a couple cannot reach an agreement regarding divorce issues, they may decide to withdraw their contested divorce case and file an uncontested one. This type of divorce is much quicker and cheaper. It only requires both spouses to appear at the amphur together with important documents such as ID cards and the marriage certificate.
Some couples also need to draft a divorce agreement, which determines issues like division of assets, child custody, and alimony. The agreement must be signed by both parties and supported with evidence to be valid. Couples should consult with a lawyer before drafting the divorce agreement. They must also consider whether the disputed grounds for divorce fall within the legal provisions of Section 1516.
If a spouse wishes to appeal the court’s decision, they may file a motion for reconsideration. This process can be complex and requires the assistance of a Thai divorce lawyer.
Generally, a contested divorce will take longer and cost more than an uncontested divorce. It will require multiple court hearings and may involve extensive legal posturing. It is advisable to hire an experienced Thai divorce lawyer to help navigate the complicated legal proceedings.
During the divorce process, you should understand property division laws in Thailand. Under Thai law, assets and property acquired during marriage are considered joint property unless clearly stated otherwise in a prenuptial agreement. Likewise, any child custody or spousal support issues should be resolved during the divorce process.
The contested divorce process can be complicated and time-consuming. A lawyer can help guide the couple through the process, and can ensure that all documents are accurate and complete. Detailed documentation is required, including documents, digital records, and testimonies to support each party’s claims. Witnesses may be called for cross-examination.
The court will evaluate the evidence and make a ruling on issues such as property division, spousal maintenance, child custody, and other issues arising from the marriage. A contested divorce may take months or even years to resolve. Depending on the complexity of the case, mediation is an option to minimize conflict and reduce costs. A prenuptial agreement can also reduce the need for a contested divorce.
Divorce in Thailand can be a complicated process, especially when both parties have a strong opinion on the division of assets and children. Having a lawyer who can help guide the process and prepare legal documents is important.
In contested divorce cases, the court will review detailed evidence before making a decision. This may include financial statements, property deeds, and testimonies from both spouses. The court also takes into account any issues raised by the petitioner.
Marital properties and debts are split equally when a couple divorces in Thailand. Personal property is what each person brought into the marriage, and any property that was incurred during the course of the marriage.