Not all marriages are meant to last. If you and your partner are currently on the verge of ending your relationship through divorce, it is necessary to contemplate on your possible divorce options. Breaking up is never simple especially if you have finances and children that you need to consider.
2 Types of Divorce in Thailand:
Uncontested divorce is the termination of marriage by mutual consent. The procedure is typically faster. There is less emotional stress involved to both parties, as well as to their children and respective families because it enables the couple to end their marriage in a civilized manner.
Uncontested divorce is possible only if the couple has no disagreements over children or property. There is no need to have a ground for divorce. The couple’s mutual decision to end the marriage is enough.
A settlement or divorce agreement should contain provisions regarding the terms of sharing of assets, child custody and support, alimony, and other important matters. Without such agreement, the matter shall be decided by the court. We recommend that you decide these matters beforehand and formalize them in a divorce contract. This will guarantee that there are no disagreements before you go to the registrar’s office. The details of the divorce conditions shall be specified in the divorce registration.
Contested divorce is when either spouse does not agree with the terms of the separation or has broken the marriage agreement. This type of divorce allows one party to seek the court’s help in dissolving the marriage subject to one of the grounds prescribed under Thai law:
- 3-year period of separation;
- Desertion for over one year;
- The wife has committed adultery;
- The husband has taken another woman as his wife;
- One spouse is guilty of misconduct (criminal or otherwise);
- One spouse has physically or mentally abused the other;
- Lack of maintenance and support;
- One spouse has broken the bond of good behavior;
- One spouse has had incurable insanity for at least 3 years;
- One spouse has an incurable, communicable and dangerous disease;
- Uncontested dissolution of marriage
While a couple may agree to divorce, things could become complicated and be contested when it comes to some important conjugal matters such as child custody and sharing of properties. Unlike uncontested divorce, you lose control of the divorce process once a judge becomes involved. The judge may come up with an arrangement that neither of you will be comfortable with. He may also come up with a property settlement where you lose things that were more valuable to you.
Speak to a lawyer at MAGNA CARTA Law Firm before signing any agreements concerning a divorce in Thailand.
Please See Related Articles under Family Law