Need to speak to a Thailand 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 process. Much like other countries, divorce is on the increase in Thailand. You can also see the article on the divorce rates in Thailand which may be of interest to you. Currently the divorce rate in Thailand is about 36% of marriages end in divorce. An expat divorce in Thailand can become complicated when it is a litigated divorce as you might not be present in the country at certain times. You will have to appear the first time and the court and lawyers can decide if you will be needed again. An unopposed divorce is much easier.
The Thailand uncontested divorce would only require both parties to go to the Local District Office. This where the marriage was registered and file for a divorce there. Most marriages between Thais are dissolved using this process. This mainly because it is straightforward and fast. 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. If you are Islamic then a talaq divorce lawyer will also be needed. The cost of divorce in Thailand is going to depend on how complicated the divorce will be. If you are looking at a litigated divorce with a child custody battle then it would be far more costly then an unopposed divorce. Costs of a divorce will vary in this regards.
– The Administrative or Uncontested Divorce
– The Judicial or Contested Divorce
Mixed or foreign couples may also avail of this remedy in terminating their marriages. This is however necessary to know that an uncontested divorce can only be done if the marriage is registered in Thailand. It is important to consult a Thai divorce lawyer when taking this option. This as some countries may not recognize this type of divorce.
Also, spouses sometimes agree to terminate their marriages. Then have issues regarding the division of property and child custody. With the assistance of a Thai 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.
The grounds for divorce in Thailand is stipulated in the Civil and Commercial Code of Thailand. These range from infallibility, abuse, abandoning your spouse, embarrassing your spouse or your wife has been certified insane. You can see the law under the insanity laws in Thailand. The grounds for divorce usually covers more than one reason as stipulated by law.
Unlike the contested divorce. The 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. Sometimes only one party has a strong ground for the divorce. More often, agreements covering child custody and property. Sharing seems 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. This 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. This or for the court to hear the couple’s issues pertaining to their properties and children. If you are looking for a divorce lawyer in Bangkok or a divorce lawyer in Pattaya then call us today. Diroce can be come complicated with regards to marital debts, compensation as well as divorce litigation.
How long will it take will depend on if this is an administrative divorce which is unopposed or a litigated divorce. If the parties can agree on a divorce settlement then it should not be longer than two weeks. If the divorce is litigated it can take more than a year.
Also if you got divorced in Thailand then your divorce in Thailand is legal in the UK. You should have the proof either from the Amphur’s Office in Thailand that has been translated and certified. This is with an administrative divorce but will also be registered with them if you had a litigated divorce.
Now, the divorce rate in Thailand is in the region of 36% but this is for Thai couple only. The divorce rate in Thailand for mixed marriages is much higher. You can see a further article on how high the mixed couples divorce rates really are.
A divorce settlement with a Thai is normally done by consent. Usually this is an agreed settlement of property, income, child custody and other minor issues. Most divorces without children and property tend to be a settlement and unopposed as both partied agree. These divorce settlement are not uncommon.
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.