Divorce in Thailand is governed by the Thai Conflict of Laws Act. It is important to note that the law of the country where the husband lives will apply to the divorce. Thai divorce law also applies to issues concerning the husband’s property and immovable property. This means that a Thai divorce will have very similar laws to divorces in the United States and Canada. For more information, please contact us at [email protected]
Uncontested divorce
If you are a foreign national and married to a Thai citizen, you may be able to pursue an uncontested divorce. However, you should take extra precaution before proceeding. Thailand requires that you have been domiciled in the country for at least a year before filing for divorce. A couple should also bring their passport and have it translated into Thai. If the divorce was not contested, the court will grant it without a fight.
If you have a good reason to file for a divorce in Thailand, then you can opt for an uncontested divorce. The process involves a proposal from one spouse and a court order. The two spouses then file their divorce application and submit the documents to the district office or the embassy. An uncontested divorce can be quick and cheap if both parties agree to the terms. However, this method is only applicable to couples who got married in Thailand and went through a district office. If the Thailand marriage occurred outside the country, you will need to make court appearances and the process will take three to four months.
The uncontested divorce in Thailand process is the least expensive type of divorce in Thailand. You and your spouse agree to all divorce issues, but if you have children, the court will need to decide which parent will be the primary caretaker. Generally, an uncontested divorce is the easiest way to get a divorce in Thailand, and the paperwork is very straightforward. The key difference between an administrative and contested divorce is that a mutual-consent divorce does not involve a court order.
Contested divorce
A contested divorce in Thailand is a process in which one party fails to make the necessary arrangements for the other. The erring party will have to appear before the court, and they lose their right to refute the claims of the aggrieved party. The court will make a decision on the grounds of evidence and testimony from the aggrieved party. The court will decide on issues such as child custody and the division of marital property.
In Thailand, a divorce can be contested or uncontested. Uncontested divorces are typically finalized quickly, and the Thai courts have a record of granting them. However, couples are advised to seek legal help if they have more complex issues to work out. While many couples settle their cases in private, some deeper issues may require the help of a lawyer. Once a divorce agreement is drawn up, it must be registered at the district office.
In a contested divorce, the parties must show that the other party was injured or debilitated during the marriage. For example, one party must have been ill or injured during the marriage, and the other spouse must be incapable of making decisions on their own. A contested divorce in Thailand is expensive and lengthy, and couples should be prepared to spend significant amounts of money if they wish to obtain the best outcome. However, this is not the case for every couple.
Child custody disputes
Child custody disputes during divorce are often an issue when the parents who were once legally married decide to live apart. Thailand has a unique legal framework that grants joint custody rights to both parents, even those who are not married. Furthermore, paternity cases in Thailand are generally settled by the court and the biological father is usually the one to receive child custody following the divorce. In other cases, a child custody dispute may be an issue when one parent does not wish to share parental rights with the other.
Thai courts generally give preference to the child custody rights of the non-custodial parent, as this is considered in the best interest of the child. However, there are some limitations. Thailand does not ratify the Hague Convention for the International Recovery of Child Support, or the 1971 Hague Convention for the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Consequently, child custody orders issued by Thai courts cannot be enforced in many other countries. As such, if you have a child custody dispute in Thailand, you need to be prepared to face many difficulties.
Thai courts do not consider whether the father is a richer or poorer person when considering child custody. In cases of child custody, the mother is more likely to win. However, abuse and vices can also win a child custody dispute. In these cases, a court may appoint a legal guardian for the child once the child reaches a certain age. It’s best to hire a divorce lawyer in Thailand if you are considering a Thai divorce.
