The Civil and Commercial Code of Thailand governs the legal procedure of divorcing in Thailand. The following actions need to be done in order to petition for divorce in Thailand:
- Satisfy the requirements for residency: Before a divorce petition can be filed, at least one spouse must be a citizen of Thailand and have lived there for at least six months.
- Attempt mediation: Before a divorce is granted in Thailand, mediation is frequently required. This implies that the parties must first make an effort to work out their disagreements through mediation under the supervision of a skilled mediator.
- Get a divorce petition: If mediation is unsuccessful, obtaining a divorce petition from the local court is the next step. The grounds for the divorce, information about the spouses, and any remedy or payment requests must all be included in the petition.
- Attend the hearing in court: Following the filing of the divorce petition, a hearing in court will be arranged. The hearing is mandatory for both parties, and the court will analyze the petition, weigh any arguments made, and decide whether to grant the divorce.
- Property and asset division: If a divorce occurs, property and assets will be distributed in accordance with Thai law. This means that unless a prenuptial agreement is in effect, any assets accumulated during the marriage will be divided equally between the spouses.
It is significant to note that the divorce procedure in Thailand can be convoluted, and it is strongly advised that anyone thinking about getting divorced seek the counsel of an experienced legal expert who is knowledgeable about Thai divorce law.
