About Divorce & Separation in Bangkok, Thailand
Divorce and separation are legal processes which form the dissolution of a marriage or a de facto relationship in Bangkok, Thailand. Unlike in many Western cultures, there is less stigma attached to divorce in Thai society. Divorces may happen by mutual agreement or upon the initiation of one party, with grounds ranging from infidelity to a breakdown of the relationship over one year.
Why You May Need a Lawyer
Legal consultation is useful in a divorce situation because of the complexities surrounding asset distribution, alimony and if applicable, custody of children. A lawyer’s role in a divorce case is to provide legal advice, negotiate agreements between parties, and represent their client in court if required. If you are unfamiliar with Thai laws and procedures, having a lawyer could also ease the process by efficiently navigating through legal documents and procedures.
Local Laws Overview
In Thailand, under the Civil and Commercial Code, marriages can be legally terminated by death, divorce by mutual consent, or by judgement of the court. Divorces by mutual consent must be made in writing and certified by the Registrar. For a court judgement divorce, reasons such as adultery, malicious desertion, excessive harm or insult, and one-year separation are valid grounds. The law also provides sections on child custody and alimony.
Frequently Asked Questions
1. Can I get divorced in Thailand if I got married overseas?
Yes, you can still get divorced in Thailand regardless of where you got married as long as the terms of the foreign country, as well as Thai laws, are satisfied.
2. How is property divided during a divorce?
As per the Thailand Civil and Commercial Code, any assets acquired during the marriage become 'common property' and are typically divided equally. However, any properties owned prior to the marriage are considered as 'personal property' and remain with the original owner.
3. What about child custody during a divorce?
The welfare and best interest of the child are of utmost importance when determining child custody. The court considers several factors such as the child's preference, the capability of each parent to take care of the child, and the conduct of the parents.
Additional Resources
An important resource for getting through a divorce in Bangkok is the Office of the Attorney General (OAG) which could provide legal assistance and advice. You may also contact the Central Juvenile and Family Court for custody-related disputes.
Next Steps
If you are considering getting divorced in Bangkok, Thailand, it is highly recommended that you consult with a Thai attorney who specializes in family law to better understand your legal standing, prospects, and potential complications. They can guide you through the process, prepare necessary documentation, and represent you in court if needed. Please remember that each case is unique, so professional advice is critically important.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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