Thai Divorce Options
These are your Thai Divorce Options in Thailand. These days, almost fifty percent of all marriages end up in a divorce. In Thai law, there are three ways to terminate a marriage: by Death, by Divorce, and by Cancellation through Court. Also, there are no difference between Foreigners and Thais when it comes to having a divorce in Thailand. For certain aspects of property or due to the need to translate some documents, the process for foreigners might be a little bit more complicated than those for the natives. To divorce in Thailand, your marriage should be recognized under Thai law.
Uncontested or Divorce by Mutual Consent in Thailand
These are the Thai divorce options. This type of divorce refers to having both the husband and the wife wish to end their marriage, and make an agreement between them. Thai law allows couples to divorce without any specific reason as their marriage is a civil contract – therefore, the spouses can modify and cancel such contract. If both spouses agree to terminate their marriage, they would have to follow the procedure of uncontested divorce.
A Divorce in Thailand by mutual consent should be made into writing and certified by signatories of two witnesses according to the Civil and Commercial Code of Thailand. A divorce agreement can also be drafted at the local district office or any law firm, no format required as long as both parties understand the contents. Bilingual agreements are advisable to Thai-Farang couples. The legal divorce in Thailand should be registered at the Amphur, with both parties physically present. IT is also recommended that you bring a translated copy of your passport and at least two witnesses.
After consenting and signing the divorce agreement in the presence of two witnesses, both parties need to register their divorce at the local district office in order for it to be legal under Thai law. In case both parties have signed their divorce agreement but one party does not register his or her divorce, the other party is entitled to enforce the divorce by court order.
Both parties should have an agreement regarding child custody and the separation of marital and personal assets. The officer at the registration office shall note the Thailand divorce agreement concerning the child’s situation and other financial aspects.
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