There are a few things that foreigners must know before filing for divorce in Thailand. Firstly, they must be aware of the differences between a judicial and administrative divorce. If both parties are foreign, they should get the divorce decree translated into English. Additionally, they should have the divorce legalized in Thailand. In some cases, they will also need to report the divorce to their home country or Embassy.
Uncontested Divorce
Filing an uncontested divorce in Thailand is easy as long as both parties agree. The procedure involves completing a form and submitting it with two witnesses. The divorce document should then be registered at the district office of Amphur or other relevant office. A Thai national id and a copy of the couple’s passport must be presented to the divorce registration officer.
Contested Divorce
A contested divorce in Thailand is a process in which the parties cannot reach an amicable settlement. Rather, the Thai courts will try to decide the fate of the couple’s children and assets based on the terms of the agreement.
Administrative Divorce
There are a number of legal issues to consider when filing for an administrative divorce in Thailand. First, you must understand the law in this country. Thailand is a “Community Property” jurisdiction, which means that the property you acquired during your marriage will be divided equally between you and your spouse. This is important to keep in mind as you will be sharing all the assets you acquired during your marriage.
Judicial Divorce
There are two main types of divorce: contested and uncontested. A contested divorce requires a court order while an uncontested divorce is handled through administrative procedures. A mutual consent divorce is when both parties agree to end their marriage without a court order. Depending on the circumstances, the issues a spouse will need to settle include child custody and spousal support. In addition, it is also necessary to consider whether a divorce will be recognized in other countries.
Prenuptial Agreement
If you and your spouse are living in Thailand and you’re looking into the possibility of filing for divorce, you should be aware of the prenuptial agreement laws. Thailand follows conflict of laws principles, which are rules that apply when two jurisdictions have conflicting laws. For this reason, Thailand’s prenuptial agreement laws differ from other countries’.
Division of Assets
Land division in Thailand is an important consideration for foreign and Thai couples. In Thailand, a Thai wife almost always owns the land, and a foreign husband cannot have any land, unless he has made very large financial investments in the country. Foreigners, however, may obtain the right to own land in Thailand through a court order. The foreign spouse can still claim other property, however.