Divorce in Thailand can be a complicated process. There are many forms of divorce, including uncontested divorce, contested divorce, and administrative divorce. In addition, there are differences in the way property is divided. For this reason, it is vital to understand how the process works before beginning the process.
Uncontested Divorce
If you want to get a divorce in Thailand but do not want to fight for the process, you can opt for an uncontested divorce. An uncontested divorce is one that is agreed upon by both spouses and does not require any grounds. However, it is important to note that filing for an uncontested divorce in Thailand requires two witnesses and must be signed in Thai.
Contested Divorce
In Thailand, a contested divorce will be handled by a court. The parties must agree on the terms of the divorce and how the marital property and children will be divided. The courts in Thailand will respect the agreements the parties have reached and base their decisions on Thai law.
Administrative Divorce
An administrative divorce in Thailand is a type of divorce that involves both parties agreeing to divorce. It is different from a contested divorce, which is a legal battle over the assets and children of the marriage. The only difference between an administrative divorce and a contested divorce is the method of executing it. In Thailand, an administrative divorce is a relatively simple process and requires the participation of both parties.
Division of Property
Thai law gives both parties equal rights when dividing their properties and assets after a divorce. In general, each party is entitled to half of all the marital property, including real estate. However, there are some exceptions. For example, if the parties own property outside of Thailand, they will be split according to the laws of their country.
Desertion or Abandonment as Grounds for Divorce
Thai law considers desertion or abandonment as grounds for divorce. To qualify, a spouse must leave the home without the consent of the other spouse. This must have been done over a period of one year. A legal professional can help determine if this period has passed.
Prenuptial Agreement
If you and your Thai partner are planning on separating, a prenuptial agreement can help you protect your personal assets in a divorce. It will also prevent any unnecessary disputes over who owns what after the divorce. If you are thinking about signing one, you should get legal help from a Thai family law attorney to make sure it is legally binding.
Family Court Process
The divorce process in Thailand is straightforward and fast. The process is conducted through the Family Court. Before the case can be docketed, the respondent must pay court fees. These court fees are usually around 2% of the total claim. The respondent may also have to pay a court delivery fee, which is based on where the respondent lives. Court fees also include hearing expenses, which are deducted from the total claim. The lower the number of hearings, the lower the fees.