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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.
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.
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.
A divorce can be granted in case of mutual consent, or if there is evidence of serious misconduct by one party.
Property acquired during the marriage is considered community property and divided equally among the spouses in the event of divorce.
Child custody is determined according to the best interests of the child.
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.
Yes, you can revert to your maiden name after a divorce if you wish.
The duration of a divorce proceeding in Cambodia varies with the complexity of the case and whether it is contested or not.
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.
While it is not strictly necessary, engaging a lawyer can help ensure your rights are protected and the process is legally correct.
The cost can vary greatly based on the complexity of the case, whether lawyers are involved, and other court-related fees.
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.
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.
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.
