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Divorce Agreement

FAQs Relating to Divorce Agreement

A Divorce Agreement in Thailand is a legally binding document that allows both spouses to settle key matters related to their divorce. It is strongly recommended to agree on and formalize these terms before registering the divorce, as this helps prevent future conflicts and ensures a smoother process under Thai family law.

What does a Divorce Agreement contain? Do we need to enter into an agreement before we separate?

A Divorce Agreement covers important details such as how assets will be divided, child custody and support arrangements, visitation rights, alimony, and other key matters. It’s best to settle these issues ahead of time and put them into a written divorce contract. This helps avoid misunderstandings or disputes when you register the divorce.

If you and your spouse cannot agree on the terms, the case will likely go to court, where the judge will decide on all related issues.

What are the benefits of entering into a Divorce Agreement in Thailand?

A Divorce Agreement in Thailand allows both spouses to settle issues amicably without the need for court proceedings. It reduces emotional stress for the couple, their children, and their families, enabling both parties to end the marriage in a respectful and civilized manner. Since the terms are mutually agreed upon, both spouses are more likely to comply with the agreement.

The Divorce Agreement must be signed before two witnesses and registered at the District Office. Once registered, it becomes a binding contract that both parties are legally obligated to follow. If one party violates or fails to comply with its terms, the other may bring the matter to court for enforcement.

Can the Agreement be modified?

Yes. You may modify a Divorce Agreement if there is a significant change in circumstances after the divorce has been finalized. You can revise provisions related to child custody, visitation, and child support, as long as the change is substantial and the modification serves the best interests of the child.

How can we modify a Divorce Agreement in Thailand?

If both parties agree on the new terms, they should draft and sign a revised agreement. Consult a lawyer to confirm that the new provisions comply with the law and to avoid future disputes. After signing, the couple must file the revised agreement with the court to make it officially enforceable.

Do I need a lawyer to make a Divorce Agreement?

It’s highly recommended to hire a lawyer when you create your Divorce Agreement in Thailand. If your spouse prepares the agreement, have your own lawyer review it to protect your rights and interests. A lawyer can explain every provision clearly and make sure you understand the legal implications before you sign. By working with legal experts, you can avoid overlooking important terms that may affect your rights later. Handling the process without proper guidance can lead to costly disputes if disagreements arise in the future.

Get Expert Legal Guidance for Your Divorce

Going through a divorce can be challenging, but having the right legal support makes the process smoother and less stressful. Magna Carta Law Firm’s experienced family lawyers are here to help you draft, review, or update your divorce agreement with fairness and confidence.

Contact us today to schedule a consultation and let our experts guide you through every step of your divorce process in Thailand.