Ending a marriage in Thailand
Ending a marriage in Thailand is difficult. Having a divorce by mutual consent is fairly easy to obtain in Thailand; all the other types of divorce are far more complicated. Divorce by mutual consent is only applicable if the couple is married in Thailand, and if married outside Thailand then a court intervention is needed when the couple applies for a divorce.
Ending a marriage in Thailand
The uncontested divorce or divorce by mutual consent can easily be obtained at the Local District Office or Amphur in Thailand. This type of divorce has to be made into writing, signed by at least two witnesses, certified and registered with the relevant authorities. Most Amphurs are not available by appointment; applicants are advised to simply join the queue at the Local District Office except if they have a family lawyer in Thailand.
Divorce settlements are the arrangements between the couples regarding the parental rights and financial support for the children involved. If the couple fails to state provisions in the divorce agreement, the court assigned to the case shall determine the provisions.
For cases where the ground for the divorce is adultery, the innocent spouse shall be granted compensation. The innocent spouse may claim compensation for living allowance if the ground for the divorce is a result from the fault of only one spouse. This will be void if the spouse granted the allowance remarries. Ending a marriage in Thailand can also be costly so speak to a divorce lawyer about this.
The Kingdom of Thailand falls under the community property law, which states that any property acquired during a marriage is deemed as shared or community property – any property acquired prior to the marriage is not. The properties of the husband and the wife shall be subject to liquidation after the divorce, and any property owned on the date of the submission of the divorce is also subject to liquidation. Common property will be divided equally between the parties.
Also, Thai prenuptial agreements are becoming common nowadays. For this contract to be valid, it should be signed by both spouses together with at least two witnesses, and should be registered at the Local District Office or Amphur at the time of the marriage. Always take proper legal advice when ending a marriage in Thailand.
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