There are a lot of common misconceptions about divorce. Experiences of divorced couples may not necessarily be the same as your case as every situation is different. Misinformation can lead you to trouble so better be sure to get all the correct informations about the legalities, rights, and obligations before signing any agreements concerning divorce.
Here are a few misconceptions that should clear up some points of confusion about divorce:
All divorce cases require both parties to appear in court proceedings
Not all divorce cases are brought to the court and many couples are able to reach out-of-court settlement. There are various procedures that allow you to legally end your marriage in an amicable manner.
In case of uncontested divorce wherein both spouses can agree on the major issues, a divorce can actually be relatively simple and typically faster and cheaper as there is no need for a representation in court. Uncontested divorce in Thailand is possible only if the couple has no disagreements over children or property. Filing for uncontested divorce is as simple as registering your marriage. You can complete the process in one day at the Local District Office. There is no need to have a ground for divorce. The couple’s mutual decision to end the marriage is enough.
MOTHERS ALWAYS GET CUSTODY OF CHILDREN AFTER DIVORCE
This is not always true. The decision on the child custody in Thailand may come from either the parents or the court. For couples going through an uncontested divorce in Thailand, they can create an agreement to specify the sharing of the custody between them. Under Thailand law, both lawful parents would get joint custodial rights over their child/children.
In case of divorce by judgment of the Court or in case the Divorce Agreement has no provisions about the children’s maintenance, the Court shall determine it. The Court usually considers all the facts and conditions of your family in determining what is best for the children.
All marital properties are always divided equally
There are many considerations when dividing assets, which include the timeline of incurring the assets. Any personal property, which is acquired before the marriage, remains to the individual. When a couple divorces in Thailand, there will be equal division of all marital properties. If both parties agree to the terms, then the proceedings are not complicated. However, if the couple cannot agreeably settle the distribution issues, the court will have to resolve the issues based on Thai laws. In case there is a divorce settlement agreement and a prenuptial agreement in place, it can change the division of the assets between the divorcing spouses.
FALLING OUT OF LOVE WITH MY SPOUSE IS ENOUGH REASON TO DIVORCE
You are not eligible to do that when your spouse disagrees. In Thailand, the law requires the mutual consent of the spouses in order to divorce. Otherwise, the spouse must have a specific ground for divorce such as adultery, physical cause or mental harm, duress, torture, etc.
I CAN FILE FOR DIVORCE EVEN IF MY SPOUSE DISAGREES; WE ARE ALREADY LIVING SEPARATELY AND HE ONLY VISITs MY CHILD ONCE IN A WHILE
Desertion for more than 1 year is a ground for divorce. However, if your spouse still gets in touch with your child within that period, you cannot use this as a ground to file a petition for divorce.
GOT ANY QUESTIONS ABOUT DIVORCE OR DIVORCE MISCONCEPTIONS?
It is important to seek the help of Divorce Lawyers to help you gain clarity on this difficult decision that you and your spouse have to make. Contact us now for any concerns about divorce in Thailand.