Divorce in Thailand is a legal term which means the dissolution of a marriage, pronounced either by the judgment of a court or by the Amphur (district government administrative office) upon request in person by both spouses when there is mutual consent on the terms of divorce between husband and wife. This procedure is less expensive, quicker and easier than the procedure of a contested divorce.
A divorce in Thailand is a formal termination of a marriage and requires an agreement between the parties as to the division of marital property, custody of children and how much alimony will be paid. If this is not possible, each party can file a petition for the dissolution of the marriage with the local district court on one of the grounds for divorce listed under section 1516 of the Civil and Commercial Code.
In this case, the dissolution of the marriage will be pronounced by the judge and will take into account all the factors including the law and individual circumstances of the parties. However, it is important to note that Thailand is a 'community property' country, where all marital and jointly owned assets are considered shared property, subject to mandatory legal rules.
This can lead to some confusion with respect to the way in which properties are distributed between the parties after a divorce. In such cases, the parties must enter into a written agreement about how the distribution of property will take place, including how custody over any children will be divided between the spouses and how debts and liabilities will be dealt with.
It is also necessary to ensure that a divorce effect by mutual consent is recorded and certified by the signature of two witnesses according to section 1514 of the Civil and Commercial Code. This procedure can be undertaken at a district office or in a law firm.
As a result, it is important to make sure that the document is properly translated into Thai and that the spouses understand what they are signing for in order to avoid any problems. This is especially important for couples who are not native speakers of the language, such as Thai-Foreigner couples.
Once a divorce effect by mutual consent has been recorded and certified, it must be registered at the amphur for it to have any legal value. The couple must be present when registering and both spouses must sign the documents.
The couple must also bring a marriage certificate and their passports or Thai identification cards to verify their identity. Moreover, they should bring any separation agreements that were made during the marriage as well as a prenuptial agreement, if applicable.
The divorce is also valid if the dissolution is granted under article 1518 of the Civil and Commercial Code, which provides that the right to bring a divorce action ends if the spouse who is entitled to it has committed an act showing his/her forgiveness for the act that gave rise to the right to bring a divorce action. Forgiveness may be a more practical solution than a trial, since it is not as time-consuming and costly.
A Prenuptial Agreement in Thailand is a contract entered into by a couple before they are legally married that specifies their property rights in the event of divorce or death. This is an important step for couples who want to protect their assets and minimize the financial toll of divorce.
A prenuptial agreement complies with the Thai Civil and Commercial Code, which is a statutory law that governs all private contracts in Thailand. However, it is always advisable to seek the counsel of a competent Thai family lawyer, solicitor or attorney familiar with both the laws of your home country and Thailand when making a prenuptial agreement.
The first step in preparing a prenuptial agreement in Thailand is to identify all of the personal properties and debts that each party owns before marriage. This information is required to be listed in the documents attached to the prenuptial agreement that will be registered at the time of marriage.
This will prevent any disputes over the distribution of the properties and debts in case of a divorce. It will also help to ensure that each spouse is provided for in the event of divorce and can avoid future problems due to insufficient funds.
Prenuptial agreements can include provisions such as waiving alimony, spousal maintenance or support, inheritance rights and child custody. These can all be incorporated into the agreement to ensure that both spouses have their interests protected.
In addition to limiting the scope of dispute over property in the event of divorce, prenuptial agreements can also protect your personal interests in cases where you own a business. This can include limiting your spouse’s rights and claims to any part of the business in the event of your death.
A prenuptial agreement can also help to resolve a variety of other issues that may arise during the course of your marriage or if you divorce. For example, it can be used to assign certain debts (credit cards, mortgages, school loans) to the appropriate spouse.
If a person is in debt, it can be difficult for them to maintain their lifestyle in the event of a divorce. Having a Thailand prenuptial agreement can be beneficial in this regard as it will prevent the other spouse from taking on this debt and credit history as their own.
Moreover, it is possible to state that in the event of divorce or death, certain assets will be distributed between the parties based on how the assets were acquired. This can be particularly helpful in cases where the couple has a large amount of money and other resources, such as land or property.
As for spousal support, it can be waived in some Western jurisdictions, which can make a significant difference to the level of maintenance that the couple will receive. For this reason, it is advisable to consult an experienced Phuket divorce lawyer with expertise in international family law to assist you with the drafting of a prenuptial agreement.
Marriage in Thailand is a legal and binding agreement between two people. It creates a number of rights, duties and responsibilities for both parties including an obligation to provide maintenance to each other, a legal relationship with children born, and consequences for property that they own.
A marriage in Thailand is not legal unless it has been registered at the local District Office (known as an amphur or khet). However, you do not need to be married in Bangkok to have your wedding registration done; you can file this at any amphur nationwide.
The marriage process is fairly straightforward but it can be time consuming. First, you need to decide on a date for your wedding and make an appointment at the local District Office, known as an amphur or khet. You will need to bring your authenticated affirmation, certified translation and copies of your passports.
You should also be sure to have a translator with you to ensure that all of the documents you are submitting are translated into Thai and are notarized before being submitted. This will make the entire process a lot less stressful.
Normally, a foreign couple will require at least four days in Bangkok to complete the marriage paperwork and registration. This is a time-consuming process but it can be well worth the effort to have your Thai wedding done right.
When you arrive in Thailand for your wedding, the first thing that you should do is to make an appointment at the local District Office to get your marriage registered. This is the only way to legally marry in Thailand and will be recognized by the embassy or consulate that you have visited.
The District Registrar will then register the marriage and issue you with a Marriage Certificate. The registration will be valid for a period of six months and can be renewed for another six months at an additional cost.
There is no requirement to have a civil ceremony before you are registered for marriage, although this can be a good idea if you want a more traditional wedding. There are also religious ceremonies that can be performed in addition to a civil one, but you cannot have either of them officially registered so they will not be recognised in the country or abroad.
Both the groom and the bride should be at least 17 years of age or, if the laws of their home country allow it, be of marriageable age. They should be free from any criminal convictions or psychiatric illness, which can hinder their ability to function in a marriage.
If the bride and groom are not of marriageable age, they may have to seek permission from a court to marry before they attain this legal age. This can be a lengthy process so it is important to prepare for this and ensure that both the bride and groom are ready to commit to a life-long commitment.
Once the marriage is legalized, both parties will be required to submit an Affirmation of Freedom to Marry that must feature notarization from their embassy or consulate. This must then be translated into Thai and be legalized by the Ministry of Foreign Affairs in Bangkok.