For whatever reason, not all marriages go the distance. When this happens, spouses often mutually consent to end the marriage in Thai divorce. Filing for divorce is acceptable and possible in Thailand, and there are fair laws which provide guidelines on settling disputes as well as various arrangements that need to be made both during the divorce process and after.
How to divorce in Thailand?
In Thailand, there are two ways to pursue a divorce. If the married couple mutually consents for a divorce, all they need to do is go to the local Amphur where their marriage is registered and file paperwork for dissolution of marriage. The paperwork must be signed by both parties in the presence of at least two witnesses. The purpose of the witnesses is to ensure the authenticity of the divorce agreement. Those wishing to get divorced need to bring legal documents such as the original marriage certificate and government identification to the Amphur in order to be granted the divorce agreement and subsequent paperwork.
It should be noted that the right of one spouse filing for divorce can be terminated if there is evidence of forgiveness of the action which is the basis for the divorce.
However, in some situations, divorce proceedings can be tricky. If the dissolution of married has not been agreed, the process becomes more difficult and it will need to go through the Thai court system.
The Law of Divorce in Thailand.
If the divorce process reaches the Thai court system, an action for grounds for divorce must be stated. The couple wishing to divorce can file a petition for divorce, but that petition must adhere to a specific list of actions.
These grounds for divorce actions include adultery by the husband or wife, one of the marriage party inflicts shame, insult or injury to the other, physical or mental abuse to the spouse or the parents of the spouse, one of the marriage party has left the other for more than a year, or been imprisoned for a year due to criminal action.
Additionally, if one of the spouses has disappeared or they have lived separately for over three years, a petition for divorce is legal. Also, if one of the spouses has failed to financially support the marriage, been mentally capacitated for over three years or has broken the good behavior and deeds between spouses, a petition can be filed. The last two actions for grounds for divorce include a clause relating to dangerous and communicable diseases which are incurable, and stating a physical injury that makes it impossible for the spouses to live together as husband and wife.
In order to carry out divorce proceedings in the Thai court system, a petition for divorce needs to be filed in the Family Court by one of the spouses. Upon the filing of the petition, the other spouse will be served papers. The first hearing at the court includes a mediation with the hopes that both parties can come to a mutual agreement. If this is the case, the agreement will be submitted to the court for a signature.
In the event that a divorce agreement cannot be reached, a trial will be set with witnesses and testimony from both spouses. Upon completion of the trial, the court has 30 days to render its decision regarding the divorce.
A divorce proceeding in the Thai court system is very difficult. It is recommended that both spouses have an experienced attorney on hand to represent their case.
What help can Harwell Legal give for divorce cases in Phuket?
Harwell Legal International is able to provide legal consultation when it comes to divorce in Thailand. Based on the island of Phuket, our team of professional lawyers has a proven track record in dealing with both foreign and local clients. To learn how we can assist you, reach out via email .
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