The Reality Of Divorce In Thailand

By: panit p

No one ever really wants to think about splitting up but divorce in Thailand is an uncomfortable reality. While divorce proceedings in other nations can be long drawn out affairs, it can be a relatively quick process in Thailand depending on the circumstances and if a competent legal team is used. If it happens to be a contested divorce, things could get very costly whereas an uncontested divorce has the potential to be done and dusted rather quickly. Divorce in Thailand is also a very different process depending on whether the couple are two foreigners, two Thais or a mix of one Thai and one foreigner. We will discuss all of these issues below.

Contested Divorce
A contested divorce in Thailand is one that all parties would like to avoid because it involves court hearings and potentially great expense. There are a number of grounds for divorce in Thailand and if one party believes he/she has the right, a court hearing can be set. The grounds for divorce in the kingdom of Thailand include adultery, if one party has deserted for over 12 months, if a spouse has been suffering from a mental illness for more than years and if a spouse is guilty of causing serious harm to their partner.

Uncontested Divorce
This is a relatively straightforward form of divorce in Thailand. It is an administrative divorce and neither party needs to have grounds. This occurs when the couple are in mutual agreement that their marriage is over. In order to successfully follow through with this form of divorce, both parties need to be present. It occurs at the local register, otherwise known as the khet or amphur.

Thai & Non-Thai
Thailand is known worldwide as a centre or tourism and has attracted individuals from dozens of countries around the world. Many of these people settle, fall in love with a Thai national and marry. Unfortunately, the marriage sometimes doesn’t last and a divorce is necessary. If the marriage took place in Thailand, the Thai national will look for an uncontested divorce. It is important for foreigners to remember that an uncontested divorce in Thailand is not always recognised internationally.

Thai & Thai
Thai nationals prefer to have an uncontested divorce in order to preserve honour and avoid future conflict between the individuals in question. All issues relating to property and child custody are usually settled between the couple in private.

Two Non-Thais
It is important to contact a legal team in order to discover if a divorce in Thailand will be recognised by the home countries of the married couple. There are cases where the couple go through the legal process in Thailand only to find that it doesn’t count in their homeland.

If you are looking for a divorce in Thailand, you must know that the procedure may be radically different to what would happen in your home nation. Clearly, you will need the aid of a legal team to follow through with the divorce but before you make the decision, carefully go through all the rules and regulations pertaining to the process with your legal team.

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