Having a contested divorce or divorce litigation in Thailand does occur. Disputed divorces and divorce litigation can be a lengthy and very costly affair in Thailand. The courts are full. The time allocated normally turns a disputed divorce into a 12 month or longer affair.
If there are very small issues. You need to consider if it would not be cheaper to write off the car or motorbike if the dispute is very small. There is no point in spending 100,000 THB on a 30,000 THB dispute. Speak to a divorce lawyer in Thailand about this before you make your final decision.
When you contact a family lawyer you need to have the following documents on hand. They would want to assess the situation during a contested divorce in Thailand. The following documents would be needed:
2. Prenuptial Agreement (if you have one)
Most times having a prenuptial agreement is a major advantage. This as you have the ability to negotiate much better settlements if there is a property or custody dispute. The prenuptial agreement also makes the property issues much simpler to settle. This by negotiation rather than dragging the matter into court for litigation which can run for months.
The main issue with any divorce is going to be the reason for the divorce. Speak to a family lawyer about this as you will need to obtain proof for the grounds for divorce which you will be using. If it is an extra-marital affair which is common in Thailand. The client would have to hire a private investigator to look into the matter and to follow your wife/husband around to obtain evidence. Gambling and addiction to gambling is another major issue. But this proof might be much easier to prove than the former.
Property disputes and access to the children are normally the biggest problems during litigation. If you have a prenuptial then the property problems tend to disappear rather fast. The issue of custody of the children however can run for more than a year in a disputed divorce. The court can also appoint a third-party to be the guardian of the children such as your mother-in-law but this is not normally what people want.
The court proceedings in Thailand are all in the Thai language as well as the documents. If you are getting divorced then ensure that you do not make any verbal agreements or any written agreements with your wife/husband as those can be used against you later making the trial even longer. Always contact a family lawyer in Thailand first when considering your options for a divorce.
The information contained on our website is for general information purposes only and does not constitute legal advice.