Divorce in Thailand is the termination of a marriage between two people. It can be either mutual consent or contested and it is governed by the law. It is often a very difficult process for the parties involved and can be costly to resolve as well.
Divorce is a complex legal procedure and it can be difficult for couples to agree on the divorce terms without professional help. A Thailand divorce lawyer can help to ensure that all aspects of the case are resolved in a fair and equitable way.
A Thailand divorce lawyer will be able to draft the necessary agreements needed in a divorce by mutual consent which will govern the couple’s properties, custody of children, maintenance of spouse and the like. The Thai divorce lawyer will also be able to advise the couple as to the appropriate legal grounds for a divorce.
The type of divorce that a couple chooses will determine the level of difficulty and cost. One can opt for a divorce by mutual consent which is generally the fastest and easiest to complete but can be very expensive or alternatively can file for a contested divorce which will require a judge to decide on the divorce terms and is more complex, expensive and time-consuming.
Property is often a cause of conflict when a divorce is filed in Thailand and it can be difficult for a divorcing couple to agree on the division of their assets. This can be particularly difficult if a couple has assets that are held abroad or in the UK.
In the absence of a prenuptial agreement (which is usually recommended by family lawyers) issues concerning property will be governed by Thai law and the relevant section of the Civil and Commercial Code. If a Thai prenuptial agreement has been made, the court will assess the validity and enforceability of the agreement in question.
Paternity is an issue that can be complicated in a divorce case and it is largely dependent on the father of the child having legally established paternity rights in Thailand through either government registration or court action. If the mother of the child has not registered the paternity of the child with the government, it will be ruled that she is not the legal parent and this may result in a loss of custodial rights for the biological father.
Under Thailand law, both the lawful parents of a child have joint custodial rights and this can be particularly hard to achieve if the biological father has not had the opportunity to establish a relationship with his child through either government registration or court action.
The Thai courts will often try to find a solution that works for both parties and the children, even if this means making changes to the original agreements. The best way to avoid a long drawn out and expensive divorce battle is to have a prenuptial agreement in place before getting married.
If a couple is unhappy about the outcome of the divorce and wants to move on with their lives they can always withdraw a contested divorce and file an uncontested divorce in Thailand. The filing or both parties can do this at any time and the divorce will be completed in one day if all documentation is in order.