All About The Legal Torts

Filing For Divorce in Thailand and What to Expect From a Thai Divorce Lawyer

Feb 17

Filing for divorce in Thailand is not difficult, but the process can be long and complicated. It is also important to understand the procedure. While the majority of divorce cases are uncontested, there are a few cases where both partners are willing to fight for a judicial decision. Thankfully, the Thai courts are a lot more relaxed and will accommodate these situations. Listed below are a few of the most common reasons for getting a divorce in Thailand.

There are many different ways to get a divorce in Thailand. It depends on the circumstances of the couple. There are two main types of divorce: contested and uncontested.

 

Contested Divorce in Thailand

A contested divorce requires both spouses to agree on the dissolution of the marriage. The court will not be interested in the validity of a prenuptial agreement. However, the parties to the marriage must be physically present in order for the divorce to be finalized. 

First, a contested divorce is possible. This occurs when one or both of the parties are unhappy with the outcome of the divorce or cannot agree on the terms of the divorce. In these cases, the couple will go to court and have a judgment. This can be a costly and long process, so it is recommended that couples consider the advantages before proceeding. Another consideration is that the couple must be able to show the grounds for a contested divorce. Those reasons include adultery, abuse, deserting the spouse for over one year, or committing a crime.

In Thailand, the courts will generally require a sufficient amount of evidence to grant a divorce. Besides requiring two witnesses to testify to the facts, the parties will also have to show the grounds for their divorce. While filing for divorce in Thailand, foreigners should take note that the country is a "community property" jurisdiction. Separate property is not recognized in Thailand, and assets acquired before the marriage will remain the original owners'.

 

Filing for a Divorce in Thailand

When filing for divorce in Thailand, it is important to understand that the divorce process is a complex process. The process requires both parties to agree on all of the details of their divorce, including alimony, child custody, and property division. Both parties must be present at the same time, and they must sign the documents. This process is also quicker and less expensive than a contested divorce. It is essential to keep in mind that in most cases, the divorce process is uncontested.

Thai law defines assets acquired during the marriage as "community property" and means that both spouses have equal ownership rights in them. Typically, this means that assets acquired during the marriage will be divided in proportion to their value. If a foreign wife is a citizen of a third country, she will be entitled to sole custody. The law requires that the husband must also file for divorce in Thailand. The process in Thailand is very complicated, but it will not break your heart.

The most common reason for divorce in Thailand is the inability to maintain a healthy relationship. In this country, the husband and wife must both agree that the marriage is no longer working. Both spouses must be able to support themselves and their children. In a contested divorce, one of the spouses may seek compensation from the other man for adultery. The amount of compensation depends on the damage done to the other spouse.

In a contested divorce, both parties must agree on what they want from the divorce. During a contested divorce, the parents must agree on the terms of the divorce. If the spouses cannot agree on their children's best interests, the court will decide whether the parents can co-parent their children. The court may also make a judgment on other issues, such as how much money each party should pay for schooling.

The Thai courts will not allow a contested divorce, but if the spouses cannot agree on a divorce settlement, the judge will decide the case. A contested divorce is when one party contests the other party's right to custody of the children. In a contested divorce, both parties are entitled to property and other financial rights. Therefore, a contested divorce may be costly and frustrating for both parties.

Thailand divorce can be handled by a reputable law firm in Thailand that handles Divorce and Prenuptial Agreements along with other legal services. Seek the help of an experienced family lawyer in providing the best assistance possible to individuals going through this difficult life-changing event.