Getting a Divorce in Thailand

Divorce in Thailand is a complex process that can be long and expensive. The process can be made more manageable by using a lawyer who is familiar with the local family law in Thailand.

The first step in divorce in Thailand is to get a written legal order from the Court. The legal order is a document that sets out the terms of the divorce such as child custody and division of property. The Court will also award alimony and/or child support where appropriate.

Getting a Divorce in Thailand can be very stressful and expensive, especially if there are children involved. This is why it is important to speak to our Thai family lawyers at MAGNA CARTA Law Firm before you decide to sign any agreements regarding divorce in Thailand.

There are two types of divorce in Thailand: contested and uncontested. The contested type of divorce requires the couple to appear in Court where a judge will decide on all aspects of the case.

If the couple are in agreement then they may be able to file for an uncontested divorce. This is a much quicker and cheaper way to obtain a divorce.

The other option is to file a contested divorce which involves more expense and can be complicated as there are often many grounds for filing for a divorce. This is the preferred method of filing for a divorce in Thailand as it provides more control over the terms of the divorce.

A Contested divorce is an action that requires the filing of a legal claim in the Family and Juvenile Courts. This can be done in a number of ways, including by either spouse requesting the case to be heard in Court or by both spouses agreeing to the divorce and obtaining the Court’s permission to proceed with the legal claim.

Grounds for a Contested Divorce in Thailand include: i) 3 years separation or longer ii) One spouse has deserted willfully the other spouse for more than one year iii) Adultery iv) One of the parties is committing serious insult to the other’s character or that of their family by any act, conduct or statement which degrades or destroys the other person’s reputation, dignity or standing in the community.

iv) One party has been convicted of a criminal offence that is incompatible with the maintenance or other rights of the other party, and he or she has not been pardoned by the Thai authorities as required under Thai law (Sin Suan Tua). This ground can be used when the person who has committed the offence resides abroad.

It can also be used when one of the spouses has died or was injured in a way that prevents him or her from maintaining the maintenance obligation.

In such cases, the deceased spouse can be made a debtor and a judgment creditor in order to make up for any financial shortfall that may result from the divorce.

In addition, some countries are very strict in recognizing Thai divorces. It is therefore very important to consult with a lawyer about the implications of getting a divorce in Thailand and the consequences for international clients.

How to Get Married in Thailand

If you’re planning to get married in Thailand, there are a few things you should know. First, it’s important to understand the Thai culture and traditions before you head over there. This will ensure that you don’t have any issues during the wedding process.

You will also want to take note of the laws regarding marriage in Thailand, including the requirements you need to meet. These can be found in the Civil and Commercial Code, which is the main body of law that governs family and marriage in Thailand.

Generally, you’ll need to be over 17 years old to marry in Thailand or have permission from your parents. If you’re under this age, you should also have permission from a court to marry in Thailand.

Both parties must be in full legal capacity to marry (meaning they don’t have any criminal or immoral convictions). If you are not, your marriage will be considered illegal in Thailand.

In order to get married in Thailand, you will need to register your marriage with the registrar. Whether you’re a foreigner or a Thai citizen, this is the first step to getting married in Thailand.

The next step is to submit all the required documents and translations to the Ministry of Foreign Affairs in Bangkok for authentication. Normally, you’ll need to pay an additional fee for this service.

Once this is completed, you’ll need to head to a local district office, also known as an “amphur” or “khet,” to complete the marriage registration. Once you’ve done this, you can then start planning your dream wedding and celebrating with your loved ones!

If you are a foreigner, your marriage will require more paperwork and steps than if you are a Thai citizen. This is because you will need to provide your passport and the immigration card that you used to enter Thailand.

All of these documents must be translated into Thai and sworn by a foreigner who is approved by the Ministry of Foreign Affairs. Once this is done, you can then submit them to the Department of Consular Affairs in Bangkok for legalization.

When you submit these documents, you will also need to have your name and marriage date changed on your passport. This will allow you to travel in and out of Thailand more freely.

You can then register your marriage at any district office, but it’s best to do this at the nearest one to you. This will save you a lot of time and stress.

Once you’ve registered your marriage, the registrar will issue a marriage certificate that will be legally valid in Thailand and anywhere else you may go. You can then use this certificate for a variety of purposes, such as applying for a visa or opening a bank account.

Lastly, if you are a foreigner, your marriage can be officially recognized by your embassy in Thailand, as long as you have the correct documents. Depending on your country of citizenship, you might be able to get a marriage visa that lets you stay in Thailand for up to 30 days without having to return to your home country first.

Benefits of a Prenuptial Agreement in Thailand

A Prenuptial Agreement in Thailand is a contract made between two people before they are legally married that lists all the properties each person owns and indicates their property rights after marriage. The agreement may also outline how assets will be split in the event of divorce.

A prenuptial agreement is typically created by wealthy couples and those who plan to marry in the future, but it can be used by any couple who wants to protect their assets during a marriage. It can also be useful to protect the property of children from a previous marriage, and it can reduce legal expenses in the case of a divorce.

Benefits of a Prenuptial Agreement in Thailand

A Thailand prenuptial agreement can provide many benefits to a husband and wife who are planning for a future marriage. One of the main benefits is that it can ensure that all personal property owned before the marriage is held in the name of each partner. This is a particularly important consideration for people who have children from a prior marriage, and for those who own significant personal assets such as property or shares in businesses.

The other major advantage of a prenuptial agreement in Thailand is that it can prevent unnecessary arguments over ownership of personal property during a future divorce. This is especially important when a marriage ends in a divorce and there is no possibility of the parties being able to prove that they brought the items they claim to own into the marriage.

In the event of a divorce, the court will decide who owns what assets and will allocate them accordingly. However, this process can be time-consuming and expensive. A Thai prenuptial agreement can head off this problem, saving you money in the long run.

Unless you are married to a foreign national, the law of your country of origin will apply if there is a conflict between the Thai law and your national law during the marriage. Hence, it is best to seek independent legal advice before the wedding to ensure that all of your legal options are fully explored.

A valid prenuptial contract must be in writing, signed by both spouses in front of two witnesses and registered together with the marriage. This must be done before the marriage is registered and must be attached to the marriage certificate (the marriage register). A prenuptial which has not been properly registered and is not noted in the marriage register is void under Thai law.

It is recommended to make a list of your significant personal assets at the time of your marriage and keep written evidence of this, as well as the details of any debts you have. This will help you to make a more accurate balance of your assets at the time of your marriage and will be very useful in any divorce proceedings if you are married to a foreign national.

If you are married to a foreign national, it is best to seek independent legal advice for a prenuptial agreement before the wedding. The legal advice you obtain from an experienced family lawyer will ensure that the contract is drafted in line with your needs and that the agreement is valid under Thai law.