Divorce in Thailand can be a very painful experience, especially for those who are dealing with a Thai spouse. Whether it is because the marriage has gone sour or the two parties simply have different priorities and values, it can be difficult to work through a separation or divorce in Thailand.
If you are considering filing for a divorce in Thailand, you need to know that there are 2 main ways to do so: Uncontested and Contested. Both have their advantages and disadvantages.
Uncontested Divorce – Sometimes called administrative divorce, this is a very inexpensive and easy way to get a divorce in Thailand. Couples can file for this type of divorce when they have mutually agreed to end the marriage, and are present at the district office where they originally registered their marriage.
The main reason to go this route is that it is more cost-effective than going to the court for a divorce, and the process is less time consuming. It takes only one day to complete the entire procedure, and couples do not need a lawyer to help them along the way.
There are some restrictions, however. You must have lived in Thailand for at least a year and have been married legally before you can get an uncontested divorce in this manner.
This type of divorce is based on the principle that all assets and property acquired during the marriage are community property, with both spouses having ownership rights. Moreover, debts incurred during the marriage are generally the responsibility of both parties.
When dividing assets and property, the couple can either decide to divide it in a way that is fair and just or they can go to court to have it decided by a judge. It is important to note that there are many factors that can affect the final division of assets and property such as age, wealth, income, health, employment status, and even the alimony and child custody arrangements.
Having the option of going to court instead of having an uncontested divorce in Thailand is often the best way to ensure that you receive a fair and equitable settlement. The courts will look at all of the evidence in your case and make a decision that is best for you and your family.
If you are considering a divorce in Thailand, you should seek advice from an experienced lawyer before deciding on the type of divorce that is right for you. A lawyer can help you understand your rights, your options and how to protect your interests during the divorce process in Thailand.
You can also use an attorney to help you prepare a legal separation agreement that will allow you to legally terminate your marriage. This will help you set out boundaries and rights, pre-agree on how to dissolve your marriage later if it becomes necessary and establish custody and co-parenting arrangements for any children that are involved.
In addition, a good Thai divorce lawyer will be able to advise you on the most effective way of ending your marriage in Thailand and will be able to guide you through the process from start to finish.