Divorce in Thailand: Mutual Consent

February 19, 2013

Divorce





Thai Divorce Mutual Consent

Applying for a divorce in Thailand can be done reasonably easily if both parties agree to the divorce. Mutual consent to the divorce is simply a matter of both parties going to the District Registration office or Amphur in Thailand. This is the easiest type of divorce in Thailand. They would need the following documents for the divorce so check the following documents which you will need listed below. If you have a divorce agreement or a prenuptial agreement ensure that you have these with you. The list for the documents need for an unopposed divorce are listed as follows. Speak to a divorce lawyer in Bangkok or a divorce lawyer in Thailand for more assistance.

With office in Bangkok, Samui, Phuket, Chiang Mai, Pattaya and Samui we will be able to assist you to not only ensure that your unopposed divorce gets through smoothly but also ensure that you have covered all the legal loopholes that may exist at the time of your divorce. Speak to our divorce lawyers in Thailand and ensure that you have the following documents with you if you need more assistance.

  • The original Marriage Certificate;
  • The original Identification card of the Thai spouse;
  • The original passport;
  • The original Divorce agreement if you have one;
  • The original Prenuptial Agreement if you have one.

Before the divorce registration, in case that the parties do not have the divorce agreement with them, the registrar will ask the parties to fill in a blank form of the divorce agreement which have blanks with regards to the property, child custody, debts/liabilities and others, and when the parties can agree, both of them will have to sign the agreement.

The divorce agreement is only in Thai and it would cover the following:

  • Property
  • Child Custody / Guardianship
  • Debts/Liabilities
  • Others

Once the divorce agreement has been signed the registrar will draft the memorandum of the divorce registration and have both parties sign off on the documents. They would then be issued a divorce certificate. All the documents are in the Thai language and this is where most problems would set in.

Common problems occur with regards to the following:

  • Guardianship and/or Child custody.
  • Access to the children/child
  • Property (especially joint property)
  • Property inherited during the court of the marriage
  • Maintenance of minors or the spouse
  • Complications with regards to fixed property bought in the name of the other
  • Spouse‚Äôs support/ maintenance/ financial

Even though the process of a mutual consent divorce does appear simple, it does become complicated when all the variables are added. Once the documents are signed, it would take a court order to change any of the conditions later. It is best even during the process of a seemingly straightforward divorce to retain the services of an attorney.

 

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