Divorce in Thailand
Divorce in Thailand is a legal process that involves a number of legal issues. In Thailand, divorce laws are laid out in the Thai Civil and Commercial Code, chapter six, which outlines the procedures for ending a marriage. Divorce in Thailand is governed by Thai law, and the language will be the main determining factor in any legal proceeding.
Filing for a Divorce in Thailand
Filing for a divorce in Thailand can be done in two different ways. You can choose to file an administrative divorce, which is known as an uncontested divorce, or you can choose to go through the traditional court system and file for a contested divorce. Both of these methods have their benefits and disadvantages, and it is important to understand which one is right for you.
The process of filing for a divorce in Thailand is relatively simple. You must first file the necessary paperwork. In Thailand, you will need to show that you are divorced. Then you must show up to court for the divorce hearing. The court will consider the case and decide whether the divorce should be contested or uncontested.
A contested divorce requires both parties to be present in court. An uncontested divorce is not legally binding, but you can still file a complaint in Thailand if one of the spouses lives outside of the country and does not want the divorce proceedings to continue. In either case, the divorce must be served to the other spouse who is outside Thailand.
Thai Prenuptial Agreement
It is possible for a couple to draw up a Thai Prenuptial Agreement for divorce in the country. This document can clearly stipulate the properties involved in the marriage, whether joint or individual. It can also give one spouse sole management of certain marital assets. However, this kind of document should be used with care.
Whether a Thai Prenuptial Agreement is legal or not, it is important to get legal advice before signing anything. This type of contract is not required in Thailand, but it can help a couple ensure their financial security and prevent property disputes. Creating a Thai Prenuptial Agreement can also protect your assets if your marriage does end in divorce.
It is important to note that a Thai Prenuptial Agreement must govern the property of both the husband and the wife. This is important because a prenuptial agreement containing clauses that contradict the laws of Thailand could be declared void. Thai divorce law, section 1533, states that if a couple cannot agree on an equal division of marital property, it is invalid. The process of determining the value of the property will include determining the value of each spouse's personal property. The value of these assets will have to be determined by the court.
Child Custody in Thailand
The Thai Civil and Commercial Code contains provisions regarding the custody of a child. These provisions determine the rights and duties of both parents. A Thai parent has the right to control and organize the care of his or her children until the child reaches the age of 20. A Thai court will always consider the best interests of the child.
A Thai court does not consider religious differences when deciding custody of a child. It considers the happiness and welfare of the child, not the religious affiliation of either parent. Thai culture believes that all religions are good and teach the child to be a good person. In this regard, the court will give preference to the mother in a child custody dispute.
Thai courts have specialized procedures in determining child custody and visitation. The first step is to find out the legal paternity of the child. This differs from biological fatherhood. Parents can file cases to establish paternity if they are not sure. They may also file a case to seek child support from the biological father. The Thai Family Court also provides special procedures for child welfare issues. For instance, the court appoints an Observation and Protection Center to conduct a social study of the case. This involves interviewing both parents.