Divorce Requirements in Thailand
If you are going to get divorced in Thailand then you will be pleased to note that most divorces tend to be unopposed. This is fast and not as costly as the parties can agree on what they want. Normally the divorce lawyer in Thailand will draft the agreement and it simply gets handed in at a district office in Thailand and that is the end of it. Opposed divorces are costly and they can take 2 years to complete.
Always consult a divorce lawyer in Thailand before getting divorced. Thai law allows a divorced under certain circumstances. These are listed by statue and have been added below. Note that normally the person for wants a divorced will use more than one reason for the divorce application. Search this website for more information about divorce in Thailand. The requirements for a divorce in Thailand is as follows:
- · Your Thai spouse has committed adultery while married;
- · Your Thai spouse has injured you (spousal abuse);
- · You have been tortured by your spouse (mentally or physically);
- · You have not lived together as husband or wife for more than 3 years;
- · Your spouse has been sentenced to prison for more than a year;
- · Your spouse has vanished for more than 3 years;
- · You can live together and your spouse has failed to pay any maintained;
- · Your spouse has been declared insane by the courts;
- · Your spouse has broken the bonds of good behavior;
- · Your spouse has an incurable illness which can injure others;
- · Your spouse is disabled and you are unable to live together.
- . Your Thai spouse in guilty of misconduct which has caused you to be hated;
The requirements for a divorce in Thailand falls under the Civil and Commercial Code of Thailand under Section 1516. As stated above that normally the person who wants the divorce will file for more than one reason in the event the other person raises a defense.
A good example of this is a person who is being divorced and also being sued for damages because of adultery might state that he/she had permission from their spouse to do this. This would be common as some still engage in having a mia noi or minor wife. The defense would therefore be correct. On the other hand he/she might have filed for a divorce also on the bases that you had embarrassed her and made her hated by doing so. Maybe you had her sister as a mia noi and have now created another problem which she would want damages for. Always take proper legal advice from a family lawyer in Thailand. As shown above even permission does not always cover the defense during a divorce.
Divorce agreements are much easier and straightforward as it does not need to go to court. It is a simple administrative task which gets done at the Amphurs office where you got married. As long as the agreement has been drafted properly the divorce will be granted and the cost would mainly be for the drafting of the agreement by a divorce lawyer in Thailand.
Always seek legal advice from a divorce lawyer in Bangkok when in Thailand or a divorce lawyer in Phuket if you are down South in Thailand. Many expats tend to retire in Thailand in many of the resort towns in the country.
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