Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Browse our 7 legal questions about Divorce & Separation in Thailand and the lawyer answers, or ask your own questions for free.
In Pattaya, Thailand, divorce and separation are subjects governed by the Civil and Commercial Code. The marital dissolution process can either be uncontested (both parties agree) or contested (disagreements on terms). Even though both Thais and foreigners can file for divorce, integral issues such as division of assets, child custody, and alimony can be complex, which is why legal assistance is often necessary.
You might require a lawyer when circumstances such as disagreements on child custody or asset division arise. A lawyer can articulate your interests and strive for a settlement that benefits you. Legal professionals are also instrumental in handling cross-border divorces or when one or both parties live outside of Thailand. In these instances, understanding the laws of multiple jurisdictions can be challenging for a non-lawyer.
Thai law recognizes two types of divorce: administrative and judicial. An administrative divorce can be finalized at a district office, given both parties agree to the terms and there are no disputes. A judicial divorce must be filed in court, typically in cases where parties cannot agree on terms or when a specific legal ground for divorce, like adultery or abandonment, is present. The laws around custody, property, and alimony are complex in Thailand and usually issued on a case-by-case basis.
1. Do I need to be a Thai citizen to file for divorce in Pattaya?
No, you need not be a Thai citizen. Foreigners can file for divorce in Thailand if the marriage was registered there or if the cause occurred in Thailand.
2. How is child custody determined in divorce proceedings?
The welfare of the child is given primary consideration. Factors like the parents' behavior, economic status, and relationship with the child are evaluated.
3. How is property divided between the spouses?
Typically, properties acquired during the marriage are seen as marital assets and divided equally. Anything owned before the marriage remains the property of the original owner unless it was intended to be a mutual gift.
Many governmental and private bodies can lend advice in these matters. The Ministry of Justice and the Legal Aid Office offer advices and legal aid for socio-economically challenged individuals. Law clinics and lawyer associations can also provide assistance.
If you need legal assistance in matters of divorce and separation in Pattaya, it's best to enlist a local attorney or contact a legal aid organization nearby. Besides personally representing you, they can help you understand the intricacies of the legal processes, ensuring your rights and interests are upheld.
