If you are getting divorced in Thailand by mutual agreement, you have to have a signed divorce agreement to hand to the local Amphur (or district office) in Thailand. The process is not very long however the divorce agreement has to cover a number of issues which the Amphur will look at. If you have no children or property then the divorce is much easier but with property and children it does get complicated.
Speak to a divorce lawyer in Bangkok for assistance with the drafting of the agreement. There are a number of issues which the Amphur will look for:
|1.||The divorce is done at the district office and both parties have to sign the agreement. There also has to be 2 competent witnesses to the agreement. Note that a competent witness in Thai law is someone who is an adult, sane, not deaf and not dumb or mute as described in Section 1670 of the Civil and Commercial Code. Check with your lawyer about your witnesses to the agreement.|
|2.||Section 1520 stipulates that you have to have in your divorce agreement who gets to exercise parental power over each of the children. The children are listed separately as not all the children might be your own and they do make provision for separate parental powers for each child. If this cannot be settled or is absent from the agreement then it either needs to be added or application needs to be made to court which is costly and time consuming to decide for the parties.|
|3.||Section 1522 also need to be completed as you have to state the amount of maintenance for the children, how this will be paid and also where and when.|
|4.||Section 1532 stipulates that the property also needs to be divided as it is at the date of the divorce being granted.|
Note that the divorce is final as soon as the documents have been accepted by the Amphur and having been completed correctly. The divorce agreement is mainly used by parties in an uncontested divorce in Thailand. Even though it is uncontested, there are many problems which are best viewed by a divorce lawyer in Thailand. There is the issue of where will the children live, do they get to leave the country to visit their father if he goes back to his home country. If you have a prenuptial agreement then this also needs to be considered as this will become part of the divorce agreement. These are complex issues which are unique to each person.
If you are getting divorced then speak to our family lawyer in Thailand for assistance and to see how best to complete the process with the least amount of stress and trauma. Email us for more information or walk into our offices in Bangkok for an assessment of your situation.
The information contained in our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.