Getting Divorced in Thailand

Getting Divorced in Thailand

Divorce
There is no separate law for divorce in Thailand. The divorce code is part of the Civil and Commercial Code under Book V Title 1 Part VI. Under this code, a divorce in the Kingdom can either be contested or uncontested. Uncontested Divorce An uncontested divorce is relatively easier to execute and more cost effective of the two as it is streamed from a mutual agreement of both spouses to end their marriage legally for various reasons. They do not have to go to court to end their marriage but although not really required, they may still involve their lawyers when they approach an Amphur where they will put into writing their agreement of ending their marriage as all documents are written in Thai and especially if the couple has…
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Compensation in Divorce

Compensation in Divorce

Divorce
Divorce compensation claims during divorce proceedings in Thailand can take different forms. The following examples of compensation are listed in the Thai statutes. A spouse who makes an application to cancel his marriage based on it being voidable yet having known it was voidable prior to getting married would have to compensate the other person for damages. If the spouse becomes destitute due to the marriage being cancelled, the person canceling the marriage would have to provide the spouse with a living allowance. This is covered by Section 1523 and Section 1525 of the Thai Civil and Commercial code. In the event of a divorce on the grounds of Section 1516(1) the person making an application for a divorce in Thailand is entitled to compensation from the other or the…
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Child Custody

Child Custody

Divorce
A child custody negotiation or battle is among the most painful experience that a family can go through. Every member of the family has to conquer the stresses of being in court and if the parents are separating on a bitter circumstance, the arguments and presentations of negative ideas to discredit one party to the other in order to gain custody will eventually give lasting but hurting and often traumatic impressions on the child. These impressions may eventually affect the child’s personality as he grows up therefore if a separation of the parents is the only available avenue that they will have, it wise that they will deal with the custody issue as subtle and as civilized as they can. However, custody battles or negotiations are not limited to married…
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Grounds for Divorce in Thailand

Grounds for Divorce in Thailand

Divorce
Thai law makes provision for a divorce in Thailand in terms of Section 1516. This specific section covers the reasons or grounds on which a divorce in Thailand may be granted. Even though your reasons for a divorce in Thailand might fall under one of the subsections of Section 1516, they might not be as clear cut as stipulated on this page. You may want to also read the page on ‘Divorce in Thailand: Defences’ together with this. The husband has given maintenance to or honoured such other woman as his wife or the wife has committed adultery, the other spouse may enter a claim for divorce. Point 1 as it explains is where the husband has another girlfriend or Mia Noi or has committed an act of adultery. The…
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Application for Annulment

Application for Annulment

Divorce
An application to the Court for cancellation of marriage on the grounds of it being voidable shall be made only in the case where the spouses have not complied with the following sections. A marriage can only occur between a woman and a man if they are 17 years and older. The courts however may have the discretion as to allowing the marriage to take place if they are to marry before attaining such age. This could be by means of the parents giving consent to the marriage for the man or woman aged older than 17 years old until they reach legal age (20 years old). For the man or woman is aged not over 17 years, the marriage should get consent from the court to grant the permission…
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