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Easy and quick some say? If you married in Thailand and both parties agree to the divorce, it's as simple as going to the registrar's office where your marriage is registered and filing the divorce. You just go with your wife to any Amphur, show them your wedding papers, your passport, her ID card, and tell them that you want to divorce. They will ask you some questions, like have you children together and what have you decided for their future?... are there financial problems pending?..,They will fill a form. You both sign it then wait a few minutes, the time needed to fill the divorce certificate... the wedding certificate was in "portrait form '' the divorce certificate is "landscape form".You will have to pay 50 baht & your wife must change her name to yours BEFORE the divorce can be granted...and she can reverse to her old family name, the minute after the divorce is granted.
IF LIVING OVERSEAS WHAT TO DO:
If you are married and your spouse does not agree to a divorce in Thailand then you will need to obtain a judgement from the Court. You need to use a lawyer for these steps. You cannot remarry until this has been annulled and you must be present in the Court in Thailand yourself. However the lawyer will act as power of attorney on your behalf to do the preliminaries but you must appear at the final hearing in person. You are not permitted to have a power of attorney acting for you. Therefore "YOU MARRY IN THAILAND & Register in the local Marriage Office YOU MUST DIVORCE IN THAILAND".
We can assist you if living abroad. We will act as power of attorney and file to the Court on your behalf. You need to send us a copy of your passport, marriage certificate, Thai partner's ID copy and as much information regarding your marriage, children, address of your last homes and circumstances surrounding the breakup including dates and circumstances when the separation took place. This is important. Once we have a Court date you must appear before the Court for this final stage but we will still be acting for you. Costs: approx standard fee is 30,000 baht excluding travel expenses but depending on the complexity of the divorce costs can by higher.
If in the US each state has their own set of rules. Most states require a 6-month cooling off period (separation) before the divorce becomes final. On the other hand, Nevada only requires six weeks of living in Nevada (for non residents).
Qu: What if my Thai wife won't agree? Then you need to file to the court for an annulment on grounds. Approx time if straight forward 2 months but can be longer?
Qu: If I am a foreigner & live in Britain & my wife will not divorce me what do I do? You must file to the Thai Court in Thailand & be present (can take 2 months). Normally a Thai Lawyer will file for you and act as power of attorney until you are required to appear in Court in which case you have NO OPTION BUT TO APPEAR.
Qu: Can I get my Thai wife's parents to sign on her behalf? No
Qu: Can the Thai Embassy assist me as a foreigner? No
Qu: Can I prepare myself? No a lawyer must file to the court. However if by mutual consent you can do yourself.
Qu: If both parties agree is it straight forward? Yes you can then apply direct to the local Amphur where you were married.
Qu: How long must I be separated before I can apply for divorce? 3 year separation
Qu: Must I travel to Thailand to divorce if my wife won't sign? Yes but you can use a lawyer for the prelim's.
Qu: What if my wife leaves you in the USA? tough ----you must pay the support she will receive from the Social Welfare or whatever benefits she may receive for the rest of your life unless she goes back to Thailand..
Qu: Can 2 westerners divorce in Thailand? No? but please check with your respective embassies
Qu: If my foreign husband leaves me in Thailand what can I do if he is selling our condo? Apply to the Court under section 1483 & or 1484 for the Court seeking an order protective measures regarding the marriage property.
Costs: Some lawyers will charge you 100,000 baht down payment for such an order of litigation but remember EVERY CASE IS DIFFERENT ACCORDING TO THE COMPLEXITY OF THE CASE. We send lawyers to Bangkok and all over Thailand & our costs are [ HERE ].
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SECTIONS OF THE ACT:
Section 1514 Divorce by mutual consent must be made in writing and certified by the signatures of at least 2 witnesses.
Section 1515 Where marriage has been registered as provided by this code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife.
Section 1516: GROUNDS FOR DIVORCE:
1/. Husband has given maintenance to or honoured such other woman as his wife, or the wife has committed adultery, the other may claim for divorce.
2/. One spouse is guilty of misconduct, criminal or otherwise.
3/. One spouse has harmed the other via torture or mental circumstances.
4/. One spouse has deserted the other for over 1 year.
Either party lives apart for 3 years.
5/. One or the other partner has disappeared for 3 years.
6/. Lack of marital support.
7/. One spouse insane for more than 3 years & its incurable.
8/. One partner has broken the bond of good behaviour.
9/. Incurable disease that may affect the other.
10/. Physical disadvantage permanently unable to cohabit as husband & wife.
If in doubt ask us. We are only an email away!!
THAI DIVORCE LAW:
When a couple divorce in Thailand all marital property (sin somros) is divided equally. personal property (sin suan tua) remains owned by the individual. Thus marital property is anything acquired during marriage by way of gift, bought, or inherited. Personal property is anything acquired before the marriage like a house, tools, equipment & possessions. If both parties agree then the proceedings are straight forward.
Both parties are responsible for debts incurred from household affairs, education and medical bills. One can have a prenuptial agreement which is law & where property is subject to foreign laws. To be valid the prenuptial must be tendered at the marriage registration to be effective & signed by both parties & 2 witnesses. Most of these prenuptial agreements are between foreigners and Thais.
If one partner is employed, property is split equally. If the wife stays home and looks after the children she has the right to half even though she is not receiving payment. The parents divorcing can agree on who pays for the children's education and day to day living expenses and maintenance. if they cannot agree the Court will rule. the Court may also decide on living allowances based on the ability of the grantor & the status of the receiver.
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