Marriages terminated through civil enacted divorce in Thailand
In Thailand, a marriage is voidable and can be dissolved by the death of either spouse. If one spouse passes away or the marriage is dissolved, it is considered null and voidable by the court. In Thailand, marriages can also be terminated through civil enacted divorces, however, which is why the courts are not very lenient. The following sections will go over some of the most important details regarding a Thai divorce.
Importance of Prenuptial Agreement
One important benefit of a prenuptial agreement is the ability to prevent debts from accumulating during the marriage. The Civil and Commercial Code of Thailand, clause 1466, refers to this. In Thailand, marriage contracts generally refer to the assets and financial implications of marriage. These contracts define conditions related to the ownership of personal property, concrete common property, and matrimonial property.
A prenuptial agreement is an agreement between husband and wife prior to the wedding that sets forth the division of property and other property during the marriage. It can address any issue that may arise during a divorce, including maintenance, division of marital assets, and the custody and maintenance of children. It is essential to ensure the terms and provisions are fair and legally binding.
Matrimonial Assets in Thailand
Thai law is very explicit in defining who is entitled to matrimonial assets, regardless of the type of marriage. For example, a customary marriage that is not registered may still be valid. Marriages that were performed in customary ceremonies by a tribal leader are also valid. A customary marriage should be resolved by dividing the matrimonial assets. The court should consider the Prenuptial Agreement when dividing the matrimonial assets.
A Thai marriage contract should state clearly what the foreign spouse has to give up in order to retain ownership of the assets. Generally, foreigners cannot own land in Thailand. But marriage guarantees can motivate extra-legal caution. This means that the foreign spouse can retain ownership of land and buildings if they have a Thai partner. For this reason, it is essential to sign a prenuptial agreement with your Thai spouse.
Child Support under Thai Law
The family courts in Thailand will decide what is applicable and what is not for child support such as custody, school fees, and monthly or yearly child support payments, etc. The courts do take into account the income of the parents and the cost of raising a child in Thailand. If it is a divorce by mutual consent then both parents will come to an agreement as to what would be fair child support on both sides.
If you are considering divorce in Thailand, it is crucial that you speak with an attorney who understands Thai legalities. There are many reasons for divorce, and a lawyer can help you navigate the legal process and explain your options. Contacting an attorney will also ensure that you understand what to expect throughout the process. In Thailand, divorce is not easy. Many couples decide to end their relationship for a variety of reasons, including irreconcilable differences or simply because they do not like each other anymore.
To end a marriage in Thailand, two witnesses are required. The witnesses need not be in the same room or even witness the divorce agreement, but they do need to acknowledge who they are signing for. This document should be signed in Thai, and in English. If the spouses cannot agree on the language, there are several options available. However, Thai law does not permit the signing of any agreement unless both parties have consented to it.