Divorce is a difficult decision to make. It is an extremely personal experience and can have negative effects on both the emotional and financial well-being of a person. This is why it is important to take the time to acquire the right knowledge before heading towards a divorce.
Divorcing in Thailand is a complicated and often stressful process that requires expert advice, negotiation and settlement of all issues that may arise. A good Thai divorce lawyer can help you understand your rights and guide you through the legal and financial implications of a divorce.
The Legality of Divorce in Thailand
Getting a divorce in Thailand is an essential step for any couple to end their marriage. This will formally end the marriage and dissolve any legal obligations and duties the spouses have under the marriage. This includes dividing marital property (sin somros), child custody and if there is any, financial alimony.
A divorce in Thailand can be effected either by a judgment of a court or by a mutual consent from both spouses. Both of these methods are effected by the competent official at the district office (amphur) and require both of the spouses to be present and sign off on the terms of the divorce.
If the divorce is effected by a judge in court it will be considered a contested divorce and will typically be much more expensive. This can also require more court appearances and representation by a Thai lawyer.
Contested divorces can be difficult to resolve and will typically take a lot longer, more money and a lot of court work. This is why it is recommended to seek expert divorce advice from a qualified Thai divorce lawyer as soon as possible to reduce the stress and costs associated with a divorce.
The main grounds for divorce in Thailand are listed under section 1516 of the Civil and Commercial Code. If you have these grounds you can seek a divorce by suing for separation and dissolution of the marriage in court.
You can also seek a divorce if you have lived apart from your spouse for more than one year. This is known as “desertion”.
If you have children, it is usually best to get them involved in the divorce process from the very beginning. This can protect their interests and avoid any future conflicts later down the line.
Your property is divided equally between you and your spouse upon a divorce in Thailand. This will include your jointly owned property and assets (sin somros) as well as any debts that you have incurred during the marriage.
The law states that the division of marital property should be fair and equal, but this can be a difficult issue to resolve if there is disagreement. The laws in Thailand state that any assets acquired during the marriage are considered joint owned property (sin somros) and subject to equitable distribution by a judge if there is any dispute over who gets what.
