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Learning More about Divorcing in Thailand

Mar 13

You have one of two basic options for ending a marriage in Thailand. The marriage can be dissolved, uncontested, or it can be settled in the court. In most cases, when both parties agree to the divorce, the process is fairly straightforward. Unless you are disputing a property claim or have issues with spousal or child support, you can end the marriage without too much difficulty.

However, that does not mean you should not contact an attorney for legal advice and help. You still need to have someone back you when you want to end a marriage. This step in your life can be filled with emotion. That is why you need to refer to legal counsel for sorting out the process.

 

Accepted Grounds for Divorce

First, familiarize yourself with the accepted grounds for divorce under the law in Thailand. The following listing gives you a brief overview.

  • Adultery is considered a primary reason to divorce in Thailand.
  • Misconduct, which causes the other party to be seriously shamed, or hated or insulted for being married to the person committing a certain act. Excessive trouble or injury is also listed under this category.
  • Serious harm or torture that was caused by the thinking or physical abuse of the other spouse, or seriously insulting the other party’s ascendants.
  • Desertion in the marriage for over a year.
  • Imprisonment of one of the parties of one or more years that was without the knowledge, participation, or consent of the other spouse.
  • A separation that has lasted more than three years.
  • The disappearance of one of the parties, where the spouse living in the couple’s domicile does not know if the other spouse if living or dead.
  • Insanity of one of the spouses.
  • A break in the bond of what is considered good behavior.
  • The suffering of one of the parties of a serious or communicable disease that is incurable or may lead to the injury of the other spouse.
  • A physical disadvantage that does not allow the healthy spouse to live with his or her partner.

If you wonder about how to file for divorce in Thailand, you need to sit down and talk to a lawyer. Make sure he or she fully knows how to handle all types of divorce situations.

 

Be Prepared: Know What to Expect

He or she can help you draft and submit a divorce agreement to your local Amphur. Maybe you need to get involved in divorce litigation. If so, you need to prepare evidence for the court. Disputed divorces can end up being both expensive and lengthy. Therefore, you need to know what to expect before you begin the divorce process. In some cases, couples ask for mediation services to see if they can iron out their differences outside of the courtroom.

Maybe you have received a notice that your Thai spouse seeks a divorce. If so, you need to know how you will defend yourself. That is why you need to explore an attorney’s credentials before you go ahead with the process.

 

Is Your Marriage Voidable?

Some marriages are voidable under Thai divorce law. If this applies to you, you will need to learn more about seeking an annulment and property. The divorce law is dictated by the Civil and Commercial Code in Thailand. This code determines what constitutes a marriage and when a divorce can take place.

A voidable marriage is defined when one of the incidents happen:

  • The person you marry was mentally handicapped or insane when you got married.
  • The other party was forced to marry you.
  • The person whom you married is not the same person you thought you were marrying.
  • The other party was not yet 17 years old when you both married.
  • The other person, you discover, is a close relation, such as a sister or brother.
  • You married someone who was already married.

 

If you find out you have a voidable marriage, you need to fully discuss the circumstances with a lawyer. He or she can review the situation and recommend the most cost-efficient legal solution for ending the union.

Divorces in Thailand can end for one of the various reasons. That is why you need to fully apprise yourself of your situation before you go ahead and file for divorce or void your marriage. Whether the divorce is mutual (an easy way to end a marriage) or complicated and costly (a contested divorce), you will find that following an attorney’s recommendations will help you achieve your needs with respect to a just and fair settlement.

What do you hope to gain when you divorce? That is something you need to ask yourself before you speak with an attorney. This is especially true if you need to review your circumstances with respect to child custody, child support, and spousal support payments. Maybe you need to find out how the property will be allocated. If so, make sure you know what property you acquired or owned when you began married life. Divorce is not just a break emotionally and physically, it also involves settling any disagreements related to property ownership.