Speak to us about divorce by mutual consent. If you are considering filing for divorce in Thailand you need to see the grounds for divorce in Thailand which lists the conditions for divorce in Thailand. You can also check if you are in a position to apply to the court to have your marriage declared void. Once you have considered the grounds for divorce and annulment it is always best to contact a divorce lawyer in Thailand to take further action.
If you and your Thai wife can agree on the divorce conditions. How best to divide the property and also settle the issue of guardianship and custody of the children. Also, the maintenance if needed then you only need a written agreement. This between you and your wife to file for divorce at the local Amphur’s office (District Office) in Thailand. This would be a mutual consent divorce. If you are American then a no-fault divorce would be down this line.
This does not take long and you need to ensure that you fully understand the divorce agreement. This before you hand in the agreement to the district office. Note that if you have a prenuptial agreement then you will also need a copy of this for the district office. It is always best to contact a lawyer in Thailand as the prenuptial agreement can become a problem. Even in an uncontested divorce during a mutual consent divorce.
Note that under Section 1520 of the Civil and Commercial Code you need to provide the Amphur with a written agreement. This with regards to parental consent and custody of the children with all the arrangements for the children. These are such issues as maintenance and custody, visiting, and who pays for what. If this cannot be reached then the divorce will be a contested divorce and the matter would have to be placed on the court roll for the final decision to be made by the courts. Note that the courts will decide what is best for the child or children and may also appoint a third party as the guardian.
If there is a dispute about the amount of maintenance for the child then the matter also has to go to court. This to decide what each parent will pay as provision has been made for this under Section 1522 of the Act.
Many expats once divorced return back to their home country. This most times creates additional problems with flights, the kidnapping of your own children. Also how and where to send money while outside of Thailand. When it comes to children even during a divorce by mutual consent or uncontested divorce. It is always best to speak to a family lawyer in Thailand.
Remember that most times couples tend to overlook important issues. These do crop up later after the divorce that they had not considered. If you have any questions about getting divorced in Thailand then you can email us with your concern. Our family lawyer will contact you with information and advice. If you are in Thailand you can contact our offices for assistance and speak to us in person. The mutual consent divorce is faster and much more simple. Americans who are looking for a no-fault divorce in Thailand should speak to us online or in person.
If you are a Muslim and wish to Talaq in Thailand then read further here.