Divorce in Thailand
In Thailand, there are many different types of divorce. These include contested, non-contested, and mutual consent divorces. These are all governed by the Thai Civil and Commercial Code.
A contested divorce requires that one or both parties must appear at a court in order to pursue the case. A non-contested divorce, on the other hand, is a divorce where both parties agree to sever their marriage.
Usually, this type of divorce is done at the local District Office (Khet or Amphoe). Both spouses must be present when applying for this procedure and they need to have copies of their marriage certificate as well as their passports.
An administrative divorce is a less costly option than a contested divorce and it does not require any court proceedings. However, it is important to consider whether this option is appropriate for your situation.
The majority of divorces in Thailand are uncontested. This is because the law states that all marital property is to be divided equally upon a divorce, regardless of who brought it into the marriage.
If a couple cannot agree to the distribution of assets and debts, then they can petition for dissolution of the marriage by the court. The court will determine how much each party receives according to the law and their individual circumstances.
When a divorce is obtained through a court, the courts will decide on child custody and property division in accordance with Thai laws. Often these issues are complicated and it is advisable for couples to try to negotiate these matters before seeking a divorce.
It is also advisable for couples to have prenuptial agreements, as this can help them avoid future problems.
There are a number of grounds for divorce in Thailand, including:
In Thailand it is considered a ground of divorce if the husband or wife is mentally and physically abusive to the other. In addition, if the other party has been convicted of a crime and sentenced to imprisonment for at least one year, this can be used as a reason for divorce.
A couple may also be able to file for divorce if one of the spouses has been unable to provide proper maintenance and support or is a criminal who has committed acts of misconduct that caused physical or psychological harm to the other.
Having regular sexual intercourse with another person, or having the name of someone else on your marriage certificate can also be grounds for divorce.
It is possible to obtain a divorce based on these grounds, but the plaintiff must be able to show that they have suffered the harm. This can be done by providing evidence, such as a police report or a video or photograph of the behavior that has caused the harm.
Divorce in Thailand is not always easy and can be a stressful time for all involved. For this reason, it is highly recommended to hire a lawyer who can assist in the divorce process. A lawyer can also make sure that all the legal paperwork is complete and in order.