Divorce in Thailand: Disputed Divorce Procedure

February 15, 2013

Divorce





A divorce in Thailand is fairly straightforward however in many divorce proceedings in Thailand there tends to be a dispute which the parties cannot settle amongst themselves. This would typically be a dispute as to property or disputes related to the child/children. The most common dispute with a divorce is child custody in Thailand. This is normally the most common problem as the father might want to return to his home country. There are other problems however if you have a prenuptial agreement then this normally provides you with leverage with regards to property ownership and child custody.

The following documents would be needed during divorce proceedings in Thailand:

  • The original Marriage Certificate;
  • The original Identification card and House Registration Book of the Thai spouse;
  • The original passport;
  • The original Divorce agreement if you have one;
  • The original Prenuptial Agreement if you have one.
  • Evidence base on Grounds for Divorce, Section 1516

The most common disputes which arise from a divorce in Thailand would be seen as:

  • Guardianship of the Child or children
  • Child custody or the custody of the children
  • Access granted to the children/child and their ability to travel overseas
  • Fixed Property (especially joint property such as a house)
  • Fixed Property inherited during the course of the marriage
  • Maintenance of both the minors or the spouse
  • Varied complications with regard to property bought in the name of the spouse
  • Spouse’s support/ maintenance, financial

Any divorce in Thailand especially when you do not have the ability to speak/read the Thai language would be much easier if it is handled by a reputable attorney. Like any divorce, they tend to be long drawn out procedures and disputes. It is always best to retain the services of a legal counsel when starting divorce proceedings as Thai divorce law can be complex and time consuming. Always speak to an attorney before going into any proceedings.

 

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