getting divorced in Thailand, then you might want to know the most common issues that you may experience in Thailand when it comes to a divorce. Most issues revolve around child custody and matrimonial property. The claim for damages do occur and a sample of each issue shows what had occurred.There will always be divorce issues in Thailand. If you are
Richard was married in Thailand and for many years everything worked well. His problems occurred when he discovered his wife was pregnant and he started the process of divorce as he knew that he was sterile. She denied that it was someone else’s child and the litigation process started. A private investigator was hired and it came to everyone’s knowledge that she had a boyfriend and was living a double life. The divorce process was complicated and a DNA test was done when the child was born. It was not his child however he wanted all his property. Section 1523 of the Civil and Commercial Code allows for a damages claim during a divorce where the issue is about infidelity. You need to speak to your attorney about this during a divorce as normally the claim is lodged with the divorce as the grounds for divorce will be infidelity.
Another complication that normally occurs is child custody. This is a major problem in the Thai courts which fills the local newspapers as the disputes turn bitter in the public eye. Many times the issue is where will the child live and also what would be the monthly maintenance for the child. These create disputes and again it is one parent against the other. Normally a private investigator will need to be found as the cause of the divorce can be infidelity or another issue such as drug use or child abuse. The courts can grant temporary custody to whom they see fit and also order a psychological evaluation of the children. The Children’s Welfare Protection Division of the Department of Children and Youth may also get involved in this type of matter. A resolution can be many months down the line depending on the circumstances and other divorce issues.
Property disputes is another common issue however if you got married in Thailand you will note that there is a difference between property you owned before marriage and property you owned after marriage. Thai law makes a distinction between the two types of properties. You can find more of that listed on this website here. The only time there may be a real dispute is joint property bought after marriage or having setup a joint company with the company registration in a third parties name. John started a company with Richard as a partner however John also included his wife Lek as a partner. The problem is now that Lek own 51% of a business she’s does not know how to manage as she was a ‘paper’ director. What will the other third-party partner think or do about this. These do become complex.
Speak to a lawyer in Thailand about divorce issues and mediation may offer a solution if everyone is able to make reasonable judgement and conclusion of the divorce.
The information contained on our website is for general information purposes only and does not constitute legal advice. For further information, please contact us.