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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 Nakhon Ratchasima, like any other part of Thailand, is governed by the Civil and Commercial Code of Thailand. The proceedings can be both straightforward and complicated, depending on the circumstances of each case. Uncontested divorces, where both parties agree to terms, are straightforward, while contested divorces, in which terms have to be negotiated or adjudicated, can be complex and long-drawn.
Even though an uncontested divorce can be processed without a lawyer, having professional legal advice is still crucial. A lawyer can help protect your personal interests, especially when the separation involves financial matters or child custody. In the case of a contested divorce, it becomes imperative to have a lawyer. Professional legal advice guides you through complex negotiations and, if required, court proceedings. A lawyer can also help ensure that all documents are correctly completed and submitted on time.
The main laws regarding divorce and separation in Thailand are found in sections 1515 to 1530 of the Civil and Commercial Code. These laws cover everything from grounds for divorce, division of property, alimony, and child custody. In particular, divorce is allowed if one party is found to be at fault — for example, for committing adultery or causing significant harm to the other spouse physically or mentally. In terms of property division, marital assets are usually split equally, but pre-marital assets remain with the original owner. Additionally, the law provides for the welfare and custody of any minor children.
1. Can I get a divorce in Nakhon Ratchasima if I was married in another country?
Yes, foreigners can get divorced in Thailand if they meet certain residency requirements. It's often advised to seek legal guidance on this matter.
2. Whom do the courts usually grant child custody to in case of a divorce?
The Thai courts usually prioritize the child's best interests when deciding custody, without any presupposed preference for either parent.
3. Do I need my spouse's agreement to get a divorce?
For an uncontested divorce, both spouses need to agree. If not, a contested divorce can be pursued, and you will need to show the court that your spouse is at fault.
4. How is the property divided in a divorce?
Usually, marital property is divided equally, but any property owned before marriage remains with the original owner.
5. Are there any residency requirements to file for divorce in Nakhon Ratchasima?
Yes, at least one spouse needs to have residence or domicile in Thailand at the time of divorce filing.
You may find it helpful to consult materials published by the Thai Ministry of Justice. The Family Court in Nakhon Ratchasima also provides resources and support for individuals going through divorce and separation.
If you need legal assistance in Divorce & Separation, start by identifying and contacting a reputable family law firm or lawyer in Nakhon Ratchasima. Once a relationship is established, they can review your case, provide advice, and guide you through the necessary steps, whether it's an uncontested or contested divorce.
