If you are a foreigner in Thailand who has decided to end your marriage, there are several options available. You may choose an uncontested divorce or a contested one, and there are different ways to divide assets and property. Regardless of which type of divorce you choose, it is important to have the right legal advice.
Uncontested Divorce (Divorce by Mutual Consent)
A divorce by mutual consent is the most common form of divorce in Thailand. It is an administrative process that only requires a written agreement and the signatures of two witnesses. Upon completion, the divorce is registered at a local district office.
This option is popular among Thai couples because it averts further conflict. It also allows them to settle issues relating to the sharing of child custody and property. However, in cases where a compromise cannot be reached, they may have to consult a lawyer and draft a divorce agreement.
It is best to seek the counsel of an experienced divorce lawyer in Pattaya, Thailand before deciding on any type of divorce. These lawyers can guide you through the process and help make it as painless as possible.
Contested Divorce and Administration of the Judgment
A contested divorce is a more complicated process than an uncontested divorce. It involves more paperwork and can be costly. It may also require you to report your divorce to the embassy or to your home country.
The judge will determine who is entitled to the property, and it can be divided between both spouses in a way that suits their individual needs. However, a prenuptial agreement or negotiated settlement may change the way the property is split.
If your ex-spouse dies before the divorce is final, you can ask for a portion of their estate to compensate you for your loss. This is especially true if you had children.
You can file for a contested divorce if you have any grounds for separation under Thai law, such as adultery or abuse. These grounds are outlined in the Civil and Commercial Code of Thailand.
There are also some other reasons that you can file for a divorce, including insanity. Insanity is defined as a condition that causes your brain to function in a way that you cannot think or reason.
It is important to understand that Thai laws are complex, and you will need a skilled attorney to make sure your divorce is handled correctly. An experienced divorce attorney in Pattaya can help you navigate the process and make it as stress-free as possible. They can also explain how the division of property is made.
