Divorce in Thailand is a process that requires the assistance of an experienced family law attorney. The first step is to discuss your needs with a qualified lawyer, so they can determine the best course of action for you.
There are several divorce options available to you in Thailand, including uncontested and contested. Each type of divorce has its own advantages and disadvantages.
The uncontested divorce option is a common choice among couples because it allows for the dissolution of a marriage without the need for any grounds. Typically, Thai couples opt for this type of divorce when they want to end their marriage amicably and without further conflict.
They may also choose to settle issues of child custody, alimony and marital property through a settlement agreement. This can be done through private negotiation, or by a professional lawyer.
However, a divorce settlement cannot be finalized until it is legally registered and enforceable by the courts. Having an agreement in place makes the entire divorce process easier and less costly.
Prenuptial agreements are becoming more common in Thailand. These agreements are a great way to protect your assets and ensure that you will not be left with nothing after your divorce.
A prenuptial agreement can be written and signed by both spouses, and it should be registered at the District Office “Khet” or “Amphur” when they file for a divorce. This agreement will also help to avoid future legal problems if one of the parties should change their mind.
In case of a divorce, both parties are entitled to half of the marital property, which is usually divided into two halves. Any other property is split equally, unless the parties have agreed otherwise.
There are several factors that can qualify as grounds for a divorce in Thailand, such as physical and mental abuse or sexual violence. In addition, a partner may be found guilty of misconduct such as abandonment or desertion.
The court will take into account all of the evidence and testimony to decide whether or not a divorce can be granted. They will make a decision based on these facts and then issue the judgment.
It is important to remember that there are a number of different ways to get a divorce in Thailand, so it is crucial to have a family law expert on your side. Having an experienced attorney can ensure that you receive the results you need, while avoiding unnecessary stress and expense.
This is a more complicated option that involves court proceedings, and it is typically used when a couple does not agree to the divorce or when they have disagreements on child custody and marital property sharing. It is also common when a marriage has been long term, and a party is not willing to end the marriage or is unwilling to settle matters through the uncontested divorce option.
A divorce can be filed either in a Thai family law court or in the court of the jurisdiction where the spouses have resided for at least 6 months. The court fees are 2% of the total claim, and they include hearing expenses.