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Getting a Divorce in Thailand Under Thai Family Law

Jun 11

Getting a divorce in Thailand under Thai Family Law is a legally-protected right for a married couple. The grounds for divorce in Thailand are laid out in Section 1516 of the Thai Civil and Commercial Code. Extramarital affairs and other acts of infidelity are considered grounds for divorce in Thailand. Infidelity, however, invalidates the divorce right of the spouse. Read on to learn more. Below you will find more information about Thai divorce laws.

 

Divorce Agreement under Thai Family Law

Before filing for divorce, you should first consider drafting a Thailand Divorce Agreement. The divorce agreement represents the intentions of both parties and will be admissible in court. In many cases, the divorce agreement can be used to avoid a contested divorce. However, this method has some disadvantages as well. Listed below are some of them. This article provides an overview of the divorce process in Thailand. You may want to read the article before you sign anything.

The process of filing for divorce in Thailand is quite simple, and the process can be completed in as little as one month. Divorce in Thailand requires both spouses to agree on the terms of the separation and to make arrangements for child custody and visitation. The agreement can be very detailed and include provisions regarding the division of marital property, child custody, and visitation rights. It is best to use a Thai attorney to draft the agreement and go through the process as quickly as possible.

 

Contested Divorce

In the case of a contested divorce, both parties must agree on the reasons for the dissolution of the marriage. It is essential to remember that Thai divorce is a contested process. During this process, the court will try to reach an agreement in the best interest of the children. This process may take six months or more, depending on the specific circumstances of the divorce. Here are some important points to consider when filing for divorce in Thailand.

In Thailand, marital property includes joint assets and debts. On dissolution of the marriage, the property of both partners shall be divided equally. However, most couples fail to realize that they have separate property. In such a case, they should seek the legal aid of a Thailand divorce attorney to protect their rights and property. In Thailand, marriages take place in a "Community Property" jurisdiction. This means that all assets and debts acquired during the marriage are divided equally.

 

Uncontested Divorce

An uncontested divorce in Thailand is an administrative divorce. The spouses must be physically present at the district office to apply for the divorce. In contrast, a contested divorce is a court-mediated divorce where one party goes to court to dissolve the marriage. If you and your spouse have reached an agreement that you are no longer living together, then the divorce can be considered uncontested. But how does an uncontested divorce work?

First, you must be willing to settle the issues of the divorce. It can be achieved by signing a Divorce Agreement with the spouses and obtaining two witnesses to witness the signing. After signing the agreement, the parties must then register the divorce at the local district office. However, if one party refuses to sign the agreement, then the other party must file a case in court. If the other party does not agree with the agreement, the court will decide on the divorce.

 

Grounds for Divorce

One of the primary requirements to get a divorce in Thailand is to have sufficient grounds for a separation. These grounds can be in the form of a separation agreement or a court order. If one or both parties are incapable of supporting and cohabiting with the other, they may file for divorce. Listed below are some of the grounds for divorce in Thailand. Read on to find out more. Below are some of the more common grounds for separation in Thailand.

First, you will need to file a divorce lawsuit in the appropriate court. You will need to pay court fees and a Court Delivery fee, which is computed based on 2% of the total amount of the claim. The Court Delivery fee varies depending on the location of the Respondent. Finally, the court will deduct any expenses incurred during the hearing. If the two parties agree to a divorce agreement, the divorce will be finalized after a hearing.

 

Division of Assets under the Thai Civil Code

The Thai Civil and Commercial Code allows for equitable distribution of property, and the division of assets under Thai divorce laws is no different. The law considers all purchases made during marriage as being jointly owned and subject to equitable distribution. This can be tricky in cases of Thai-foreign marriages, however. Listed below are the main points to consider. Read on to learn more....and be prepared to defend your position.

The first step in any Thailand divorce is determining whether the foreign spouse owns any property. It is common for a foreign spouse to give money to a Thai spouse to purchase real estate, and then sign away any rights to it. If this occurs, the Thai spouse cannot sell the property without the consent of the foreign spouse. However, the law also allows foreign spouses to use usufruct over the property. Having a prenuptial agreement defining both spouses' financial assets and entitlement to property after marriage is an ideal way to avoid any conflict arising from dividing assets in Thailand.