For couples who are in total agreement regarding the division of assets, alimony and child custody, an uncontested divorce can be filed in Thailand. This procedure is faster, simpler and less expensive.
The husband and wife must present themselves at the district office (Amphur) where they registered their marriage for the registration of an administrative divorce.
Child Custody and Support
When a couple divorces in Thailand, the custody and support of their children is often a major issue. Child support in Thailand is also commonly referred to as “alimony.” This can be a contentious issue, especially for non-married parents and even married couples who are seeking a divorce.
According to Thai law, both biological parents have full custodial rights over their children. However, if the father has not been recognized as the legal parent of the child, he must register a process called legitimation with the district office before he can exercise custody rights.
The court will take several factors into consideration in making a custody and support decision. The most important factor is the best interests of the child. For this reason, the court will usually award a fair amount of child support to the mother. This will typically include a fixed monthly sum. This may be augmented by the cost of education, medical treatment and other childcare expenses.
Property Division
The law in Thailand requires that assets and property acquired during a marriage be divided equally amongst the couple. However, there are certain exceptions and qualifications to this rule especially for real estate properties such as houses and cars. Moreover, there are also special rules concerning foreign assets where international laws and treaties may be involved.
Likewise, debts incurred during the marriage must be shared equally by both parties as well. A good way to prevent disputes and problems regarding the division of property is to enter into a prenuptial agreement before marrying and to keep evidence of financial transactions during the marriage.
Furthermore, contracts such as loans and gifts can be voided during a divorce proceeding (section 1469 of the Civil Code). Foreigners should seek legal advice before signing away their rights to personal or marital assets as these could cause them serious repercussions in a Thailand divorce. Moreover, it is also advisable to have a Thai lawyer on your side to ensure that you are protected throughout the process.
Alimony
In cases where there is no agreement or compromise on issues such as division of property and assets, child custody and visitation, or alimony, the court may intervene to make the final decision. Depending on the circumstances of each case, the judge will consider Thai legal principles as well as considerations that apply to the couple’s home country.
Typically spousal support in Thailand or alimony in America is requested and awarded to a former spouse that has suffered financial hardship due to divorce. However, each case is unique and needs personal legal advice.
If the parties agree to the terms of their divorce and have mutual consent, they can file an uncontested administrative divorce at the Khet or Amphur office where their marriage was registered. This is quicker, cheaper and less complex than a contested divorce. A Divorce Settlement Agreement can also be drawn up and submitted to the court. However, it is not mandatory for this to be done.
Counseling
Depending on the circumstances of each case, counseling may be a helpful tool in reaching a divorce agreement that both parties can agree on. This may include mediation, arbitration, or negotiations. A skilled lawyer who specializes in Thai divorce law can help couples resolve conflicts regarding child custody, alimony, property division and other issues that may be part of their divorce proceedings.
A contested divorce is a more complicated process that requires a court hearing to decide the terms of the dissolution of Thailand marriage. This can take much longer and is typically more expensive than an administrative divorce.
Spouses who wish to divorce in Thailand must meet certain requirements to be eligible for an administrative divorce. This type of divorce is available only for marriages that have been registered at the local district office (Khet or Amphur). Both spouses must attend at the district office to express their mutual consent to end their marriage. They do not have to give a reason for their request.
