Divorce in Thailand is a legal process where the couple is legally separated. Divorce is governed by the Thai Civil and Commercial Code which includes chapter 6 on termination of marriage and section 1516 on divorce. It is important to note that divorce is a legal process in Thailand and Thai language will be used.

Uncontested Divorce

In Thailand, an uncontested divorce is a more affordable and faster way to get your divorce. It will also be less stressful on your children. You may also want to choose an uncontested divorce over a contested divorce because it is more likely to end amicably. Listed below are the steps to get an uncontested divorce in Thailand.

First, you need to determine whether you and your spouse can agree on a divorce. If both parties are in agreement, the divorce will be uncontested. Otherwise, you will have to go through court proceedings. If you cannot agree on the divorce, you can go for a contested divorce. This is a good option if you and your spouse disagree on property distribution and child custody.

Contested Divorce

If you’re planning to get a divorce in Thailand, there are several different ways to go about it. Generally, an uncontested divorce is the preferred method as it avoids any thorny issues between the spouses, or between the children. It also allows couples to settle the matter privately without the need for legal representation. However, if there are deeper issues to work through, it’s a good idea to hire a lawyer to draft a divorce agreement. The divorce agreement is then registered with the local district office.

The parties will need to agree on how to split the marital property and children. If the parties are unable to agree on these issues, the Thai courts will decide these matters.

Prenuptial Agreement

Prenuptial agreements in Thailand are an important legal tool for a couple to protect their assets during the marriage. These agreements can help you avoid a costly divorce by guaranteeing your spouse a minimum share of your combined assets. In addition, they help you prevent disputes over property, as well as avoiding the expense of long court battles.

Generally, a prenuptial agreement will state the division of assets in the event of a divorce. Thai divorce laws require equal division of all marital property, which means that a prenuptial agreement can help avoid disputes over which spouse is entitled to what. A prenuptial agreement is important because it lists all the marital assets and clearly indicates who will get which property in the event of a divorce.

Alimony

Alimony in Thailand is a common issue when separating a married couple. Thai family law can be complex, so it is essential to consult an experienced lawyer before settling on a divorce settlement. In Thailand, alimony is determined by the court, who will make the final determination of the amount of support to be paid to the ex-spouse.

The court will determine the amount of alimony in a divorce settlement based on the financial needs of the ex-spouse. This payment is typically lower than what would be awarded in a Western court. Alimony in Thailand can be granted as part of a settlement agreement or by a court judgment.

Restrictions for Foreigners

There are restrictions on foreigners owning Thai property during a Thai divorce. Foreigners may be able to retain legal rights to the property, but they will not have practical access to it. This is because the Thai spouse has the right to sell, mortgage, transfer or exchange the property.

Unless one spouse is a Thai citizen, a foreign spouse may not co-own Thai property. However, if the foreign spouse had used personal funds to buy the property, it would be illegal for the Thai spouse to mortgage it or sell it without the foreign spouse’s consent. In the past, Thai spouses would lease their land to their husband and remain in it after the land was sold.