How to Find a Divorce Lawyer in Thailand

Divorce is a difficult and emotionally taxing procedure that may be made even more difficult when it takes place abroad, such as may be the case in Thailand. Anyone may feel overwhelmed by the legal complexities, cultural variances, and other divorce-related issues. But with the right assistance, you may locate a divorce attorney in Thailand and effectively negotiate the complexities of dissolving your marriage. We'll provide you with our most insightful tips and guidance on starting and handling a divorce in the Land of Smiles in this post.

Understanding the Nuances of Divorce in Thailand

Understanding the nuances of divorce in Thailand is essential before beginning the search for a divorce lawyer. No matter where in the globe you are seeking a divorce, the procedure is frequently drawn out and requires commitment. But it's important to keep in mind that divorce isn't the problem; rather, it's a symptom of more serious underlying issues in a marriage.

Starting the Divorce Conversation

The first step is to bring up the subject of divorce with your husband or wife. It is critical to sit down and have a direct, courteous chat in order to resolve the issue. If you and your spouse can agree on critical topics like asset distribution, child support, and custody, you're on the right track.

Thailand Divorce Agreement

Settlement agreements, commonly referred to as divorce agreements, are essential to the divorce procedure. These agreements, which are legally binding between the separating parties, cover important issues including child custody, property distribution, spousal support, and child support. Once signed and witnessed by two parties, these agreements are registered at the local office.

Uncontested divorce is the quick and hassle-free route to ending your marriage in Thailand. This is the no-nonsense, administrative way, and it’s based on mutual consent. 

Both of you must be physically present when you decide to part ways, which takes place at your neighborhood registration office, called the Amphur, Amphoe, or Khet – depending on where you are in Thailand.

In case of any violations, the court can enforce the provisions outlined in the agreement. This legal document is the cornerstone of a peaceful and legally sound divorce.

Types of Divorce in Thailand

Understanding the type of divorce you're pursuing is vital. There are two main categories: uncontested divorce and contested divorce.

Uncontested Divorce: This is the simpler, more administrative form of divorce in Thailand. In an uncontested divorce, both spouses agree on all issues, such as property division, child custody, child support, and alimony. It usually involves less stress and lower legal fees.

Contested Divorce: Contested divorce is more complex, as it occurs when spouses can't agree on various issues in their divorce. This type often necessitates court intervention to make decisions on their behalf. Before filing, you should be clear about the grounds for divorce, which can vary depending on the situation.

What Documents Do You Need for an Uncontested Divorce?

The legitimate registration of your marriage in line with the Thai Civil and Commercial Code is one essential requirement when it comes to seeking an uncontested divorce in Thailand, often known as the administrative Thai divorce. Your documentation must be present in order for this procedure to go as smoothly as possible. Here's a breakdown of what you need, depending on whether you're returning to the same district office or if you're dealing with an Amphur or district office different from your marriage registration:

In the case of Returning to the Same District Office:

1. Both original marriage certificates.
2. The original ID card for the Thai national.
3. The Thai party's Tabien baan (household registration booklet or blue book).
4. The original passport for the foreigner.

If Divorcing in a Different Amphur or District Office:

1. Both original marriage certificates.
2. The original ID card for the Thai national.
3. The Thai party's Tabien baan (household registration booklet or blue book).
4. The original passport for the foreign national.
5. A legalized translation of the foreigner's passport copy.

What Can You Claim in a Divorce Case?

When it comes to the division of assets upon the end of a marriage, it's all about common property sharing the spotlight. Non-marital assets, often referred to as personal assets, are not necessarily divided.

The first thing that comes to mind when separating assets is the nature of the item itself, whether you're doing it because of a divorce or, regrettably, the death of a loved one. Is it considered personal or part of the common property? 

Once you've decided to divorce, you must consider what you want to claim in the divorce case. Here are four key points to remember:

1. Common Property Separation: Assets acquired during the marriage are typically considered common property and must be divided equally. The specific recipient of an asset doesn't impact this division.
2. Child Custody: If you seek full custody of a child, you can request the court to terminate the other party's custody rights and grant you sole custody.
3. Child Support: Even after the spousal relationship ends, parents remain responsible for child support equally.
4. Compensation for Adultery: If the grounds for divorce are related to adultery, you can sue the third party involved and seek compensation. The amount may vary depending on the level of damage incurred.

How Easy is it to Get Divorced in Thailand?

The divorce process might be difficult to start in Thailand, therefore it's crucial to speak with a seasoned Thai lawyer for help and direction. 

There is a legal course of action to take in cases when a husband and wife are unable to agree on the terms and circumstances of their divorce. According to Section 1516 of this legal code, you may file for divorce for the reasons listed in the Civil and Commercial Code. These grounds, under which a divorce can be sought, include:

Adultery and Honor Given to Another: The aggrieved spouse has the right to apply for divorce if the other has committed adultery or maintained a connection that is analogous to marriage with another person.

Misconduct Leading to Shame, Insult, or Harm: Whether or not it qualifies as a criminal violation, one spouse's wrongdoing that seriously degrades, harms, or humiliates the other is cause for divorce. Consideration is given to the severity of the harm and suffering.

Serious Harm or Torture: If one spouse inflicts serious physical or mental harm or engages in significant insults towards the other or their family, the affected party may initiate divorce proceedings.

Desertion: If a spouse has been abandoned for more than a year they may file for divorce.

Imprisonment: If one spouse stays together while receiving a term of more than a year in jail without the other's knowledge or consent, a divorce may be sought.

Voluntary Separation: If a couple has been living apart voluntarily for more than three years due to their inability to cohabitate peacefully or if they have been officially separated for a comparable period of time, any spouse has the right to petition for divorce.

Disappearance: The other spouse may ask for a divorce if the other spouse has been missing for more than three years or has abandoned their home.

Failure to Provide Maintenance and Support: If one spouse does not give the other the necessary maintenance and support or takes activities that gravely harm the marriage, that is grounds for divorce.

Mental Incapacity: The other spouse may seek a divorce if the other spouse has been mentally incapacitated for more than three years in a row, has little chance of recovering, and makes maintaining the marriage impossible.

Violation of Good Behavior Bond: If one spouse breaches a good behavior bond executed by them, the other spouse can file for divorce.

Communicable Disease: Divorce may be an option if one spouse has a contagious, incurable illness that might damage the other.

Physical Disadvantage: If one partner has a chronic physical ailment that makes it hard for them to live together as husband and wife, the other spouse may file for divorce.

These are the legal justifications for filing for divorce in Thailand. Understanding these grounds is essential if you ever find yourself in the unfortunate situation of considering a divorce in the country.

Does Thailand Have Prenuptial Agreements?

Understanding prenuptial agreements might be a crucial step if you're thinking about getting married in Thailand and want to protect your possessions. Let's take a quick look at the legal considerations and how it functions under Thai law.

Legal Framework for Prenuptial Agreements

Prenuptial agreements are governed under sections 1465 to 1469 of the Thailand Civil Code in the country. The specifics of what you can put in your prenup are governed by this legal framework.

Thailand Civil Code: Sections 1465-1469

Scope of a Thai Prenuptial Agreement

In Thailand, prenuptial agreements are more focused on the division of personal and marital property between couples than they are in other areas of the world. It's crucial to remember that a Thai prenuptial agreement cannot touch on topics that are illegal or immoral.

Timing and Registration

A critical requirement under Thai law is that a prenuptial agreement must be established before the marriage. Furthermore, it must be officially registered alongside your marriage in the government's 'marriage register.' This registration serves as a public record of your prenup's existence.

Timing Matters

The timing is everything when it comes to prenuptial agreements in Thailand. If you attempt to create a prenup after your marriage has already been registered, it won't hold. The prenuptial agreement should be a proactive step taken before the marriage becomes official.

The Role of Registration

By registering your prenuptial agreement at the same time as your marriage, you ensure that your contract is legally recognized and valid. This registration is a crucial step to safeguard both parties' interests.

In a nutshell, a prenuptial agreement in Thailand is a legal document designed to protect personal and marital assets, ensuring that they are governed by a predetermined set of rules rather than standard statutory marriage laws. However, the process is time-sensitive and requires proper registration to be legally enforceable.

How Long Does it Take to Get a Divorce in Thailand?

The timeline for a divorce in Thailand varies depending on the location of the case. If your case is filed in Bangkok, it can take approximately 2-3 years due to the high volume of family cases. Cases outside Bangkok are generally resolved faster, taking around 6 months to 1 year. The process can be expedited significantly if both parties reach an agreement with their spouse.

Seek Expert Guidance for a Smooth Divorce Process

Divorce is a sensitive issue that can profoundly impact your emotions, property, and children. To navigate the complexities of divorce in Thailand successfully, it's essential to have the right expertise by your side. The process is further defined by whether you opt for an uncontested or contested divorce, and it's always advisable to explore the former when possible, as it offers a win-win solution for all parties involved.

In case an uncontested divorce isn't feasible, it's crucial to handle the process of a contested divorce with care. Keep in mind the specific grounds for divorce, and the type of agreement you wish to reach, and always consider seeking legal assistance to ensure a smooth and legally sound separation.

How Long After Divorce Can You Remarry in Thailand?

In Thailand, there is a 310-day waiting time following your divorce before you may be married again. All of this is done to make sure that there won't be any doubt regarding the biological father of any children born during your second marriage.

This is essential in Thailand because there's a common assumption that any child born while the couple is wed belongs to the current husband. So, to steer clear of complications and maintain clarity, while this waiting period is in place.

Finding a Divorce Lawyer in Thailand

Now that you understand the basic principles of divorce in Thailand, it's time to explore how to find the right divorce lawyer to guide you through this challenging process. Here are some essential steps to consider:

Research and Recommendations

Begin your search by conducting thorough research. Seek recommendations from friends, family, or acquaintances who have undergone a similar process in Thailand. Personal referrals can provide valuable insights into the quality and reliability of a lawyer.

Consult Professional Directories

Reputable legal directories such as Lawzana.com can help you identify potential lawyers and are an excellent resource for finding experienced divorce lawyers in Thailand.

Interview Multiple Lawyers

Don't settle for the first lawyer you come across. It's crucial to interview multiple candidates to find a lawyer who aligns with your specific needs and preferences. Arrange initial consultations with each lawyer to discuss your case, ask questions, and assess their expertise.

Check Qualifications and Experience

Verify each attorney's credentials and background before your interview. Look for a lawyer with experience in managing divorce disputes and a focus on family law. The subtleties of Thai divorce law will be best understood by an educated and skilled attorney.

Assess Communication Skills

Working with a divorce attorney requires effective communication. You need a lawyer who can clearly and concisely explain complicated legal topics. Examine the attorney's communication skills and whether you feel at ease discussing your situation with them.

Review Client Testimonials

Client testimonials and reviews can provide valuable insights into the lawyer's reputation and the quality of their service. Look for testimonials from clients who have been through divorce cases in Thailand.

Evaluate Fees and Costs

Discuss fees and costs upfront with potential lawyers. Make sure you understand the fee structure and the expenses associated with your case. A transparent discussion about costs will help you avoid financial surprises.

Trust Your Instincts

Ultimately, trust your instincts when selecting a divorce lawyer. Choose someone with whom you feel comfortable, and who instills confidence that they can handle your case competently.

How to Find a Good Divorce Lawyer in Thailand

Finding a divorce lawyer in Thailand is a critical step in successfully navigating the complexities of ending a marriage in this beautiful country. Understanding the legal process and seeking expert guidance can help you achieve a peaceful and legally sound divorce. 

Browse the Lawzana directory for the Best Divorce and separation Lawyers in Thailand for your divorce in the country.