Need to speak to a Thai divorce lawyer? The rising number of Thai-Foreign marriages in Thailand has been inevitable resulting to the escalated rate of divorce cases in Thailand. Many would associate this unfortunate trend to the cultural and language differences. Always take proper legal advice for a Thai divorce lawyer before you start the divorce process.
Thailand Divorce Lawyer
There are two types of Divorce in Thailand, these are:
– The Administrative or Uncontested Divorce
– The Judicial or Contested Divorce
The Thailand Uncontested Divorce would only require both parties to go to the Local District Office where the marriage was registered and file for a divorce there. Most marriages between Thais are dissolved using this process, as it is straightforward and quick. There would be no need for spouses to have a ground for the divorce, just a mutual decision to ruminate their union and the willingness to settle all their issues.
Mixed or foreign couples may also avail of this remedy in terminating their marriages; however it is necessary to know that an uncontested divorce can only be done if the marriage is registered in Thailand. It is important to consult a Thailand Divorce Lawyer when taking this option as some countries may not recognize this type of divorce. Also, spouses sometimes agree to terminate their marriages but have issues regarding the division of property and child custody. With the assistance of a Thailand divorce Lawyer, the spouses may be given an option to enter into a Thailand Divorce Agreement wherein they can list down their individual rights and responsibilities if they are granted a divorce. Such agreement should be registered at the Amphur as mandated by Thai law.
Unlike the contested divorce, parties who have not registered their marriage in Thailand may still petition the courts to recognise their case if:
– At least one spouse has been working in Thailand for a length of time with a valid Work Permit;
– At least one spouse is a Thai Permanent Resident;
– Or one spouse is a Thai national;
It is a normal occurrence where spouses do not mutually agree to have a divorce, and sometimes only one party has a strong ground for the divorce. More often, agreements covering child custody and property sharing seem hard to reach, despite all efforts to amicably settle all the issues. This is where the Contested or Judicial Divorce comes in. coming to court for a divorce can be expensive, lengthy and tiresome. However, this option would definitely give both parties the chance to be heard in court regarding their stand on the marriage and the divorce. It is unavoidable for the judge to ask the petitioning party to prove his or her chosen ground for the divorce, or for the court to hear the couple’s issues pertaining to their properties and children. If up to that point both parties do not come up to any settlement amicably, the court will be forced to step up and decide for them.