Although getting a divorce in Thailand is as unpleasant as going through the procedure anywhere else, the speed with which uncontested divorce proceedings are carried out may relieve some of the stress. The alternative is to contest the divorce and this leads to court proceedings and an average of 6 months for all the details to be ironed out. If you are looking for a divorce in Thailand and have no issues with property or child custody, an uncontested divorce is probably the right decision.
What Happens With An Uncontested Divorce?
First of all, you need to be aware that an uncontested divorce in Thailand can only take place between couples who had their marriage registered in Thailand to begin with. It is a non-confrontational type of proceeding and causes significantly less stress than its contested counterpart. What happens is that the husband and wife go to their local registry office, submit the necessary legal documents and make a personal declaration that they intend to have a divorce. Having grounds of divorce is unnecessary if both parties agree to end the marriage. Please remember that you canít ask your lawyer to appear on your behalf. To end the marriage, both parties must appear in person.
What Is Contained In The Divorce Agreement?
It is still possible to avail of an uncontested divorce in Thailand if there are a couple of outstanding issues between the couple. First of all, they need to settle their differences privately and present a written agreement to end the marriage. This agreement must outline the rights which will be enjoyed by both parties after the divorce. When it comes to financial issues, property, alimony and child custody, the divorce agreement must clearly outline the conditions that have been agreed upon.
If a pre-nuptial agreement was made before the marriage, the terms must be considered during divorce proceedings. The agreement must be signed by both parties after the divorce, these signatures have to be witnessed by two capable adults and it needs to be registered at the amphur.
How Long Does An Uncontested Divorce In Thailand Take?
This depends entirely on how prepared both parties are. If all documentation is in order, the divorce can be completed and registered on the day. The marriage certificate must be presented along with passport ID if one or both of the parties are foreign. If one or both of the parties is Thai, it is necessary to produce the Thai national ID card and household registration certificate. The foreign party must also have his/her passport certified at the requisite Embassy. The Ministry of Foreign Affairs in Thailand then receives a translated copy of the divorce agreement and legalises it. Expect 4-5 working days to pass before this is completed.
A word for warning for those looking for an uncontested divorce in Thailand: It is possible that your home country will not recognise the divorce. As a result, you should talk to a Thai legal team and find out more before following through with the divorce proceedings.
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