Divorce Agreements in Thailand are easy to understand. When a marriage fails regardless of the efforts both spouses exert to keep it intact, the only solution you might have is to file for a divorce in Thailand. This process is widely accepted in Thailand and certain laws offer provisions and guidelines for settling such disputes, and also special arrangements once granted.
Divorce Agreements in Thailand
Divorce in Thailand can only be established by either an uncontested or contested type of divorce. If both parties prefer to settle the marriage ties by mutual consent, this should be made into writing and signed by two witnesses to certify the divorce agreement. On the other hand, if one party seeks for the divorce based on certain grounds, the process will be decided by the court. No divorce shall be granted if the court proves that there was connivance between both spouses or if the other spouse has permitted the other to do the acts being used as basis for the divorce.
The first issue that should be considered when filing a divorce is whether Thailand has jurisdiction over the divorce, and which type of divorce is more appropriate. Thailand has jurisdiction in granting a divorce legally if the marriage was originally registered in Thailand, or if one spouse is residing in Thailand. Thai law has provisions for no-fault divorce when marriages are originally registered in Thailand’s local district offices, as long as both parties agree to the divorce.
However, an administrative divorce no fault divorce in Thailand is more complicated than it appears although both parties agrees to divorce in Thailand, one party might have issues pertaining to child custody and other financial issues.
For couples who were not married in Thailand, or does not consent to a divorce or failed to reach an agreement on all related issues, the only remedy would be a divorce by court intervention. Jurisdiction on court divorces have certain conditions, first is that at least one of the spouses should be a Thai resident, and second is there should be lawful grounds for the divorce. Speak to a Thailand divorce lawyer about that.