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Browse our 7 legal questions about Divorce & Separation in Thailand and the lawyer answers, or ask your own questions for free.
Divorce and separation in Khon Kaen, like elsewhere in Thailand, is governed by the Civil and Commercial Code of Thailand. Thailand is a no-fault divorce jurisdiction, which means that one does not have to prove any fault on the part of their spouse during divorce proceedings. There are two types of divorce in Thailand, Contested and Uncontested divorce. For a divorce to be finalised both parties need to agree on arrangements for property division, child custody, and alimony.
Engaging in divorce and separation procedures often involves navigating complex legal principles, property division, child custody arrangements, and possible alimony discussions. A local attorney who is experienced in divorce and separation can provide valuable advice that can protect your interests and rights. Further, an attorney can handle court proceedings, bureaucratic tasks, and ensure that all divorce papers are done correctly and in a timely manner. In the case of a contested divorce, where your spouse disagrees to the terms, hiring a lawyer becomes even more essential.
Thai law stipulates that all ‘Sin Somros’ or marital property (assets acquired during marriage) be divided equally in the case of divorce. Personal property or ‘Sin Suan Tua’ (assets owned before marriage), is not subject to division. If there are prenuptial agreements in place, these will be honoured provided they meet the legal requirements.
Regarding child custody, the court usually prioritizes the best interests of the child. As per the Child Custody Act, the court will consider factors such the child’s preference, the parent’s behaviour, the relationship between child and parent, and the capacity of parent to provide for the child while deciding on custody matters.
1. Can I file for divorce in Khon Kaen if I was married overseas?
If you and your spouse are residing in Thailand, then yes, it's possible for you to file for divorce in Thailand even if you were married overseas; however, it's crucial to consult with a local lawyer.
2. How is property divided in a divorce?
In Thailand, marital property, classified as 'Sin Somros,' is typically split equally between the partners. Assets acquired before marriage are generally not divided.
3. Who will get the custody of children after divorce?
Child custody is decided based on the best interests of the child. Various aspects are taken into consideration by courts while awarding custody.
4. How long does the divorce process take? The length of the divorce process in Thailand strongly depends on whether the divorce is contested or uncontested. Uncontested divorces can be done within a month or two. Contested divorces however, can take several months, even years, due to property issues or child custody disputes.
5. What if we reconcile during the divorce process? If the spouses decide to reunite during the divorce proceedings, the process can be halted. It’s best to communicate with all parties involved, especially any legal representatives.
Before entering into any legal proceedings, it's wise to seek different voices and views on the matter. It can be beneficial to conduct online research and seek advice from Thailand's Legal Development Program that educates the public on legal matters. Moreover, the Ministry of Social Development and Human Security and the Office of Women's Affairs and Family Development also aid with divorce information and resources.
If you feel that divorce or separation is the best option for your circumstance, it's advisable to consult with a lawyer who specializes in family law, and more specifically in divorce and separation. They may guide you through the necessary paperwork, court proceedings, and negotiations that might be required. Furthermore, they can provide specific advice, tailored to your situation, ensuring the best possible outcome from a difficult time.
