Divorce

Stipulated under the Thai law, divorce considers as one section of Family Law, of which require an assistance of specialize lawyer for sake of parties, because the process of divorce is a bit more complicated than performing the marriage.

Why the process of divorce is generally setforth as complicated procedure?

Because there are many factors and various situation to receive the legalized divorce in Thailand as in cases below:

• It might be generally to file for divorce process in Thailand if both of the parties are residing in Thailand ;

• It is somewhat simple, if both parties express their willing to get divorce;

• In case of unwillingness or unable to participate into the divorce of a party, it shall be more complicated in legal process

According the factors, it is advisable to have the legal specialist to assist with you in the matter concern and put you through all legal procedure and bring you through your unique essential.

Please rest assures, you are in good hand, contact us now for further assistance.

What should I do if both of us consent to the divorce and where to perform the divorce?

The divorce process shall be as well as performing the marriage

Where to get divorce if the parties agree to the divorce?

The District Office is the place to file the divorce and the parties agree to get divorce without any argument on custody and property, therefore the parties shall access into the court rather than execution of Divorce Agreement.

In case a party living in oversea, one party need to be in the Kingdom of Thailand in accessing into the court system of divorce (filing the divorce to the court) which need to have the specialize lawyer assisting with you), therefore this process is recommend into the last choice of divorce. Please contact us for further information/assistance

Which are the documents required for the divorce?

The District Officer shall ensure both of parties concerning their divorce, both parties shall express their intension to divorce including personal capability, children, etc after that the District Officer shall enquire to fill into the paper “term of divorce” together with government fee and require documents listing below;

•  Certificate of Marriage;

•  Passport/ID Card;

Concerning this matter it need to have two witnesses the divorce paper is granted to both parties.

How could the parties manage with their own properties and debt?

Stipulated under Thai law, the debt is setfort as community property which including the liability, rights and property occurring during their marriage except the party shall have their prenuptial agreement in separating their own property. In opposition, if the parties does not have prenuptial agreement or other consent in such property, debt and liability, this shall be defined as community property and both of them equally have their own responsibility in this matter.

Sometimes the matters should be defined in case by case in appearance in each of facts.

(Source: The answer is based on the fact from Thai Civil Commercial Code and Thai Civil Procedure Code)