Divorce in Thailand can be a painful experience. Fortunately, there are many ways to resolve the problem without resorting to a legal process. In most cases, couples are able to work out their issues amicably and avoid the need for a divorce.
If the couple cannot agree on issues such as property and custody of their children, then they will need to consult a lawyer. They will then help them to reach a mutual agreement that is acceptable to both parties.
In most cases, a lawyer will charge a flat fee to represent both parties in a divorce case. This fee will vary depending on the complexity of the case and may also include translation of documents and other expenses.
The fees are cheaper than other methods of divorce, but will still be a significant burden on the couple. However, the process is fast and relatively painless in most cases if both parties have been living in Thailand for a while.
Most divorces are filed by one spouse who wants to end the marriage because of a specific reason, such as irreconcilable differences or infidelity. The grounds are laid out in the Civil and Commercial Code.
Typically, a judge will decide on the division of marital assets, child custody and support. The court will make these decisions according to Thai law and individual circumstances.
As a rule, the assets and property acquired before the marriage will be considered separate property and will remain in the name of the owner (referred to as ‘Sin Suan Tua’ or’sim somros’). Assets and property acquired during the marriage will be community property and will be divided equally between the spouses.
If you are considering filing for a divorce in Thailand, it is best to consult with an experienced family lawyer. They will be able to guide you through the entire process and help you to avoid any unnecessary delays or cost.
A prenuptial agreement is a great way to protect your financial interests in case of a divorce. This type of agreement is typically negotiated before the marriage and signed by both parties.
It is a good idea to have a prenuptial agreement as it can make the divorce procedure much smoother and less costly. It can also help ensure that your children will not lose their father’s name in the event of a divorce.
Another option is to file for a divorce by mutual consent, which can be done in person at the local Amphoe or district government administrative office. In this case, the divorce can be processed in just a day.
A contested divorce is when both parties cannot agree on the terms of the divorce and must go to court for the divorce to be decided. This is a common practice for couples who have been married for a long time and cannot resolve the issue by themselves.
In most cases, a contested divorce is only possible if both spouses are present at the court and willing to sign off on the divorce papers. It can be expensive and can also take a long time.