Divorce in Thailand is a legal process that officially ends a marriage. It can be either a judicial divorce where a court judgment is issued or an administrative divorce when the parties agree to dissolution of the marriage.
There are many reasons couples decide to get a divorce in Thailand. Among them are marital problems, such as sexual abuse or extramarital affairs. Other grounds include irreconcilable differences, a lack of support from a spouse, one or both of the spouses being physically handicapped, and an inability to live together as husband and wife.
The most common divorce procedure in Thailand is a mutual consent divorce. This option is preferable for those who want to avoid the hassle and expense of a litigation divorce. In this scenario, the two spouses agree to certain terms of the divorce and register it at their local amphur (municipality).
During the divorce, assets, property and debts are divided based on the principle of “community property.” This principle holds that all assets and property acquired during the marriage belong to both parties equally, regardless of whether they were obtained prior to or during the marriage.
However, if the marriage has lasted for more than a year, a claim can be filed for desertion or abandonment of a spouse. The court will then divide the property between the two spouses, based on Thai law.
A prenuptial agreement can also be used to determine the division of assets and property in a divorce. It is a legally binding contract that sets out the rights of each party to property and debts should the marriage end in divorce.
Divorce is a very emotional and often stressful time for both the spouses and their families. A good lawyer can help alleviate this stress.
The most important thing to keep in mind is that Thailand divorces are very different from those in the United States and the United Kingdom. This is because Thailand has a unique and complex legal system.
Couples who cannot come to an agreement on their own about child custody and the distribution of their assets may seek the assistance of a Thai divorce lawyer. This will allow them to resolve these issues and obtain a divorce that will be recognized in the home country.
A divorce lawyer can provide advice and guidance on all aspects of the divorce process. These include obtaining a divorce decree, dividing assets and debts, alimony, child custody, and other issues that need to be addressed during the divorce process.
If you plan to get a divorce in Thailand, it is advisable to hire a lawyer who is experienced with international law. The lawyer will ensure that all of the legal issues are properly handled to avoid any legal pitfalls or problems in the future.
