There are a few crucial things you should be aware of if you are thinking of divorcing your Thai partner. An outline of the divorce procedure in Thailand is provided below:
- Divorce is possible for a variety of reasons in Thailand, including adultery, abandonment, confinement, desertion, and verbal or physical abuse. When both parties agree to end the marriage, this is known as mutual consent and is the most common reason for divorce.
- Jurisdiction: One of the following requirements must be met in order to file for divorce in Thailand:
- Thai nationality is required for either or both spouses.
- Before filing for divorce, one or both spouses must have lived in Thailand for at least a year.
- Mediation: According to Thai law, both parties must participate in mediation with a mediator who has been appointed by the court before filing for divorce. The goal of this mediation is to promote settlement and ensure that both parties have explored all of their options before filing for divorce.
- Divorce proceedings: The next stage is to file a divorce petition with the Thai courts if mediation is unsuccessful or if both parties agree to move forward with the divorce. If the court decides that the grounds for divorce have been satisfied, it will schedule a hearing to evaluate the case and could then issue a divorce judgment.
- Property division: Marital assets are often split equally between the couple’s spouses in Thailand. However, the property division may be altered if one spouse brought sizable assets into the marriage or if a prenuptial agreement is in place.
- Child Support and Custody: If there are minor children involved in the divorce, the court will make decisions on child support and custody based on what is in the child’s best interests. Usually, both parents are expected to support their children financially.
- Timeframe: Depending on the complexity of the case and if the parties can reach an agreement on the conditions of the divorce, the length of the divorce procedure in Thailand can change. Generally speaking, the procedure can take a few months, a year, or longer.
If you’re thinking about getting a divorce, it’s highly advised that you speak with an expert family law attorney in Thailand. You can get assistance from a lawyer to help you navigate the process and safeguard your rights and interests all along the way.
