The Thai Civil and Commercial Code distinguishes between two types of divorce in the following sections. Here we discuss what you should know about the legal system that is likely to play a role in your divorce. One of the most important knowledge that both spouses must have before they enter the divorce process is civil and commercial law on divorce.
In a divorce case, it is possible to file two types of divorce that differ in the process. Siam Attorney is able to handle the kind of divorces that are called Contested Divorce and Uncontested Div Divorce. There are two types of uncontested divorces, which are usually referred to as administrative divorces, mutually agreed divorces and mutually agreed divorces. This is a different kind of divorce from contented divorce, which tends to be very expensive, while Un Contended Divorate is much cheaper.
A contentious divorce will cost considerably more time and money and will require a lot of time, money, legal fees and representation by a lawyer. Disputable divorces require a court order, a divorce judgment and a judge’s opinion.
It is not possible to divorce in Thailand without the district office being in Bangkok. Therefore, before signing an agreement on your divorce from Thailand, you must consult a divorce lawyer for legal advice. Your divorce lawyer in Thailand must be able to advise you whether your home country recognises the divorce you are getting in Thai. If Thai proceedings are initiated first, it is likely that the divorces will be finalized under Thai law, as Thai courts have jurisdiction over the country because of the spouses “union. However, if the spouse does not sign the agreement, you may need to sign an agreement with respect to those who are divorced in Japan.
Your lawyer can act on your behalf and handle your divorce in court if you live in Thailand, or handle the divorce through a court in your home country if your lawyer does not.
In order for a divorce to be approved, sufficient evidence must be provided that the evidence submitted to the court corresponds to the grounds for divorce in Thailand. Thailand’s courts also require that defendants in divorce cases outside Thailand receive adequate notification of the divorce action. Phuket offers high quality services in divorce cases in Thai. Our lawyer, Chaninat Leeds, has successfully filed more than 1,000 civil and criminal divorce cases in Thailand and the United States.
If you live in Thailand and one of your spouses is not present or has not returned to Thailand or will return during the divorce process, you may be able to proceed provided that the reasons for the divorce have occurred and are related to those of Thailand and that one or both spouses are Thai nationals. You are not entitled to legally end the relationship, regardless of whether the marriage is registered within Thailand or not.
The remedy is also available to couples who have not registered their marriage in Thailand but have lived, lived or worked in Thailand for a reasonable period of time. Divorce is also open to couples who have not registered their marriages outside Thailand but live, reside or work within Japan, Australia, New Zealand, Canada or the United States of America, and to all couples who have lived or worked outside Thailand or within Australia or New York, the US or any other country in the world in the last five years.
If your marriage was originally registered in a Thai district office, the process is administrative and relatively simple compared to a court divorce. If you are married in Thailand and both parties agree to divorce, you can go to the Amphur District Office on the same day as the marriage and file for divorce.
Only couples who have registered their marriage in Thailand or outside Thailand may be divorced. Only couples who register their marriages outside Thailand could divorce. Only married couples in a Thai district office, and they are allowed to divorce their spouses.
For a marriage that is not suitable for administrative divorce proceedings, the legitimate grounds for divorce must be established before the divorce is filed in a Thai court. If you divorce by mutual consent, the Amphur District Office must prove all the above reasons for divorce, and if you have not behaved, you cannot be granted a divorce. For marriages that are not qualified for divorce proceedings, you must prove to the Thai courts all legitimate grounds for divorce before they are granted, but if they have not behaved, they can be divorced.
An experienced family lawyer from Thailand can determine whether the reasons described in the divorce are legally sufficient in a particular case. Finding a Thai family lawyer with experience in international divorce law in Thailand is crucial to navigate the complex legal landscape of Thai divorce proceedings and the Thai courts. They can also be employed under international divorce law if the person lives abroad.