Thailand Divorce Agreement

The divorce agreement is signed by both parties in front of witnesses and included in part of the judicial or administrative file. Judicial divorce is also known as “contested divorce” in Thailand. For a court to order a divorce in Thailand, it is necessary that there be disagreements on the terms of the divorce between the spouses or spouses who consented to the divorce, but the uncontested divorce under Thai law is not recognized in the country of the foreign party. In addition, the applicant must submit at least one of the twelve grounds for divorce to the court so that the court can declare the couple divorced. Custody disputes between outgoing spouses are common in all countries when it comes to divorce. Such disputes can also arise between unmarried parents. Under Thai law, both legitimate parents would receive joint custody of their child(ren). However, it is important that they are the biological parents of the child in order to obtain custody of the children after the divorce. Therefore, since the administrative divorce takes place in a district office in Thailand, it is necessary for both spouses to be present in Thailand in order to sign and certify the registration of the divorce. However, when it comes to a judicial divorce, only the spouse who is the plaintiff must be present in Thailand, while the other spouse can be represented by a divorce lawyer.

There are many aspects of a divorce agreement that include alimony, child support, division of matrimonial property, and custody. These are all important things in life, and therefore they cannot be attributed so easily during the divorce process. When spouses start discussing the division of their property and parental privileges, things can get a little heated up. An undisputed divorce is also known as an administrative divorce, which is much cheaper and the procedure is simpler. The undisputed divorce concerns marriages registered in Thailand and has been registered in accordance with the Thai Civil and Commercial Code. The purpose of a divorce agreement is to legalize all agreements between outgoing spouses regarding custody, child support, alimony or “spousal support” and division of property. This is a legally binding document in which you and your spouse can agree on the terms of your divorce and cover a wide range of issues, including child support, spousal maintenance, division of property, custody and access rights, and any other issues relevant to your situation. The divorce agreement or settlement agreement is a contract between the divorced couple that contains provisions on custody, matrimonial property, alimony and/or child support. In a perfect world, everyone would agree. But we all know that the concept of perfection is far from achievable and so we must do our best to approach this tender situation in a friendly way as soon as disagreements arise. The spouse who is filing for divorce is called the applicant. Together with the lawyer, the applicant must identify the reason for the divorce application.

Once the reason has been identified and the evidence verified, the pleading must be prepared. A divorce agreement can be used bosth in an amicable or uncontested divorce and in a judicial divorce. If the agreement is used in an amicable or uncontested divorce, it will be registered with the Thai government along with an amicable divorce registration. How can a divorce agreement be used in Thailand? In the event of divorce, a divorce agreement is signed by both parties in front of witnesses and can then be part of the judicial or administrative file in the event of an uncontested divorce. In the case of a judicial divorce, the judge usually issues a judgment approving the divorce agreement. Once the document has been signed, attested and incorporated into the official protocol, it can be used in the future as a result of possible disputes over the issues mentioned in the settlement. However, with respect to certain matters, a party may invoke a breach of the Agreement or a “change of circumstances” that may require a change or modification of the Agreement. Below is an interview conducted by a Thai divorce lawyer from Siam Legal International, a Thai law firm based in Bangkok. You have a proven track record of dealing with foreign and Thai clients across Thailand who need representation in divorce, custody, child support and matrimonial property. Divorce in Thailand can take place in two ways, namely administrative divorce and judicial divorce, and the two are of a different nature. Administrative divorce or divorce at the district office is suitable for the couple who consented to the divorce and the marriage is either 1.) registered in Thailand 2.) registered at the Royal Thai Embassy abroad or 3.) registered in other countries, but one of the spouses is Thai.

However, if a couple cannot agree on the terms of the divorce, they can take the case to court. Marriage contracts are valid in Thailand, but it is important to meet all the procedural and substantive requirements set out in Thai law. There are certain requirements under Thai law regarding marriage contracts at the time of marriage. If you got married in another country and your marriage contract was registered there, it can still be accepted by a Thai court, provided it is compatible with foreign law. Administrative divorce is also known as “uncontested divorce” in Thailand. The prerequisite for registering an administrative divorce in Thailand is that there must be no disagreement between the spouses on any matter, including custody, property, etc. Spouses must report in person to the district office for divorce applications. The attorney cannot act on your behalf in this type of divorce, even by proxy. A Thai divorce agreement, also known as a divorce agreement, is a contract entered into by a departing couple who can agree on the important issues of divorce, such as: administrative divorce or uncontested divorce costs the least compared to judicial divorce or contested divorce in Thailand. However, most couples do not opt for an undisputed divorce and often opt for a judicial divorce, which tends to become costly for the outgoing couple. Judicial divorce requires more time, paperwork and legal proceedings.

In addition, the lawyer`s fees vary depending on the lawyer you hire. The divorce agreement is a substantial representation of the couple`s agreement on the rights and privileges that each of them will enjoy after the divorce. It lays down rules on the division of custody and matrimonial property. It may also prescribe the amount of spousal support and the amount of child support to be paid after the divorce. A couple who married outside of Thailand can file their divorce case in Thailand as long as they meet the jurisdiction requirements of Thai courts. The jurisdictional requirements for filing a divorce case in Thailand are as follows: A divorce agreement is signed between the outgoing spouses in the presence of witnesses. The divorce agreement can be used as a judicial or administrative act either for the court to order the divorce or for the district office to register the divorce. This will help avoid future disputes between outgoing spouses. There are four cases where contested divorces are available: If you and your spouse have both agreed to divorce and you agree on how to divide your property and assets, you can use this document to file for divorce. The agreement can also be used to set custody, visitation and child support if you have children under the age of 18. There are no fees when it comes to post-divorce custody, paternity is an issue that occurs most of the time. Paternity rights may be granted to the biological father only if he is married to the mother of the child, either by State registration or by court decision.

Since this agreement is signed by the parties and two witnesses and recorded in the amphur, it becomes a public instrument and becomes evidence that proves the consent of the parties to important issues about marriage and can therefore be brought before a court for enforcement if a provision is violated by one or both parties. It binds not only the outgoing couples, but also their executors, administrators, assignees and heirs. A contentious divorce may be chosen if one or both spouses do not agree on all aspects of the separation (e.B. Custody or matrimonial property) have agreed or do not want to divorce. The marriage is dissolved by the judgment of the Central Juvenile and Family Court in Thailand. Here are the two general types of divorce in Thailand under Thai law: According to Article 1516 of the Civil and Commercial Code, the main grounds for filing for divorce are the case when one of the spouses is the reason: the reasons can be defined as grounds for filing a divorce in legal terminology. These grounds can be used as evidence of a divorce action to be accepted by Thai courts. The valid grounds for divorce in Thailand are adultery or abandonment by a spouse. There are a total of twelve reasons to file for divorce in Thailand as follows: According to the principle of courtesy, divorce decrees are recognized in other countries in the United States and Great Britain. Therefore, it depends only on the laws of nations whether or not they want to recognize divorce registered in another country, that is, British law only recognizes judicial divorce, but not administrative divorce under Thai law. Section 1453 of Thailand`s Marriage Act specifies how long a woman must wait to remarry after a divorce in Thailand. According to article 1453, a woman whose marriage has ended or whose spouse has died must wait 310 days before remarrying.

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