Almost inevitably, the breakdown of any family relationship
will mean that there are personal and financial issues
which need to be resolved. This time is often accompanied
by great stress as well as high emotions - not the best
of times to make decisions which may have long lasting
effects.
PBRL can support you at this difficult time by offering
sound and practical legal advice and assistance in all
aspects of family relationship breakdown, including
such areas as:
If you married in Thailand and both parties agree
to the divorce, it is a relatively simple process.
The divorce application is registered at the registrar's
office where your marriage was registered. Both
parties must be present at any Amphur (local government
office), produce wedding papers, passport, ID card,
and the divorce is applied for.
Questions concerning any children, finances and
property are covered before the divorce may be granted.
Your wife must change her name to yours before the
divorce can be granted and she can then revert to
her old family name, the minute after the divorce
is granted.
If you are married and your spouse does not agree
to a divorce in Thailand then you will need to obtain
a judgement from the Court. At this point a lawyer
becomes a necessity, not just prudent precaution.
You cannot remarry until this has been annulled.
Divorce by mutual consent must
be made in writing and certified by the signatures
of at least 2 witnesses.
Section 1515
»
Where marriage has been registered
as provided by this code, divorce by mutual consent
is valid only if the registration thereof is effected
by both the husband and wife.
Section 1516
Grounds For Divorce:
»
Husband has given maintenance to
or honoured such other woman as his wife, or the
wife has committed adultery, the other may claim
for divorce.
»
One spouse is guilty of misconduct,
criminal or otherwise.
»
One spouse has harmed the other
via torture or mental circumstances.
»
One spouse has deserted the other
for over 1 year / Either party lives apart for
3 years.
»
One or the other partner has disappeared
for 3 years.
»
Lack of marital support.
»
One spouse insane for more than
3 years & its incurable.
»
One partner has broken the bond
of good behaviour.
»
Incurable disease that may affect
the other.
»
Physical disadvantage permanently
unable to cohabit as husband & wife.
When a couple divorce in Thailand all marital property
(sin somros) is divided equally, personal property (sin
suan tua) remains owned by the individual. Marital property
is defined as anything acquired during marriage by way
of gift, bought, or inherited. Personal property is
anything acquired before the marriage like a house,
tools, equipment & possessions. If both parties agree
then the proceedings are straight forward.
Both parties are responsible for debts incurred from
household affairs, education and medical bills. One
can have a prenuptial agreement which is law & where
property is subject to foreign laws. To be valid the
prenuptial must be tendered at the marriage registration
to be effective & signed by both parties & 2 witnesses.
Most of these prenuptial agreements are between foreigners
and Thais.
If one partner is employed, property is split equally.
If the wife stays home and looks after the children
she has the right to half even though she is not receiving
payment. The parents divorcing can agree on who pays
for the children's education and day to day living expenses
and maintenance, if they cannot agree the Court will
rule. The Court may also decide on living allowances
based on the ability of the grantor & the status of
the receiver.
