Best Divorce & Separation Lawyers in Cambodia

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:

CACC LAW OFFICE

CACC LAW OFFICE

Phnom Penh, Cambodia

Founded in 2019
8 people in their team
About UsCACC Law Firm: Built on Passion and ExperienceOver 12 years ago, one lawyer with a big heart and a love for property and business law started...
English
Husky and Partners Law Firm

Husky and Partners Law Firm

Phnom Penh, Cambodia

Founded in 2018
9 people in their team
Husky & Partners Law Firm is a full service professional advisory firm established by experienced lawyers who know well Cambodian emerging...
English
Chinese
Khmer

Browse divorce & separation law firms by city in Cambodia

Refine your search by selecting a city.

About Divorce & Separation Law in Cambodia:

Divorce law in Cambodia is governed by the 1989 Marriage and Family Law. The law allows for legal recognition of divorce in several circumstances, including mutual agreement of both parties, cases of unfaithfulness, and if one of the spouses is declared missing or presumed dead. It is important to understand that property acquired during marriage is considered as community property and is divided equally among the spouses in the case of divorce. Child custody is determined according to the best interests of the child.

Why You May Need a Lawyer:

Legal procedures related to divorce and separation in Cambodia can be complex. For instance, determining child custody, dividing marital property, and negotiating alimony payments require clear understanding of Cambodian laws and regulations. Professional legal advice is often beneficial in navigating these issues. A knowledgeable lawyer can also help in ensuring that any divorce settlements or court orders are fair and comply with Cambodian laws.

Local Laws Overview:

The Marriage and Family Law of 1989 carefully states that both spouses must agree in writing for a divorce to proceed. If not, the plaintiff must adequately prove wrongful acts by the defendant. These wrongful acts can include actions such as unjustified abstention from cohabitation, physical violence, or misconduct. The law also determines how community property, acquired during the marriage, is to be divided in case of a divorce. Courts have the authority to make this division on a case by case basis, taking into consideration factors such as fault involved in ending the marriage.

Frequently Asked Questions:

What are the grounds for divorce in Cambodia?

A divorce can be granted in case of mutual consent, or if there is evidence of serious misconduct by one party.

How is property divided in a divorce?

Property acquired during the marriage is considered community property and divided equally among the spouses in the event of divorce.

Who gets custody of children in a divorce?

Child custody is determined according to the best interests of the child.

What if my spouse is not in Cambodia?

You can still proceed with the divorce proceedings if your spouse is not in Cambodia. However, this might make the process more complicated, and you might need a lawyer’s assistance.

Can I change my name after divorce?

Yes, you can revert to your maiden name after a divorce if you wish.

How long does it take to get a divorce in Cambodia?

The duration of a divorce proceeding in Cambodia varies with the complexity of the case and whether it is contested or not.

Can a foreigner get a divorce in Cambodia?

Yes, a foreigner can get a divorce in Cambodia if he/she is married to a Cambodian citizen, or if the marriage took place in Cambodia.

Do I need a lawyer for a divorce in Cambodia?

While it is not strictly necessary, engaging a lawyer can help ensure your rights are protected and the process is legally correct.

What is the cost of a divorce in Cambodia?

The cost can vary greatly based on the complexity of the case, whether lawyers are involved, and other court-related fees.

What if I don’t agree with the divorce?

If you don't agree with the divorce, it is recommended to engage a lawyer. The divorce can proceed if there is evidence of serious misconduct.

Additional Resources:

Persons seeking further information about divorce and separation in Cambodia can consult the Ministry of Justice. The Ministry provides various resources and can guide you on the necessary procedures. Alternatively, for foreigners, the Embassies in Cambodia can provide useful resources and information.

Next Steps:

If you are considering a separation or divorce in Cambodia, the first step is to consult with a lawyer familiar with Cambodian family law. They can guide you on the required paperwork, legal procedures, and protect your rights during the process. It is recommended to collect all relevant documents such as marriage certificates, any existing prenuptial agreements, proof of income, and other relevant documents. This preparation can help ease the process and assist your lawyer in advocating for your best interests.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.