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Thailand Divorce & Separation Legal Questions answered by Lawyers

Browse our 9 legal questions about Divorce & Separation in Thailand and the lawyer answers, or ask your own questions for free.

Moving out of the house before a divorce trial
Divorce & Separation
Family
This depends on the nature of the divorce trial. Who started the divorce case? What were the grounds for divorce? Is a mutual divorce possible? Yes, you can move out of your wife's house before a divorce trial, but it is important to understand the answers to the aforementioned questions before being able to advise further. You can contact us directly for more information and advice. 
Divorce
Divorce & Separation
Family
Dear Sir,Thank you for reaching out to us with your inquiry regarding divorce in Thailand. We appreciate your trust in our expertise, and we would be delighted to assist you on the matter.In Thailand, uncontested divorces, where both parties are in agreement and there are no contested claims, are indeed possible. Our legal system recognizes the importance of facilitating such processes to ensure a smooth and efficient resolution. Here are the key steps involved:1. Mutual Agreement:Both parties must be in mutual agreement to proceed with the divorce.There should be a clear understanding that neither party has contested claims, such as alimony, property disputes, or child custody issues.2. Jurisdiction:The jurisdiction for filing the divorce case is typically the Amphur (District Office) where the marriage was registered.If both parties reside in different jurisdictions within Thailand, the case can be filed in either jurisdiction.3. Divorce Petition:A divorce petition, along with relevant supporting documents, needs to be submitted to the Amphur.The petition should include details about both parties, the marriage, and a statement confirming the uncontested nature of the divorce.4. Presence or Representation:While it is not mandatory for both parties to be physically present, at least one party or their legal representative must appear at the Amphur to finalize the divorce.5. Marriage Certificate and Identification:Original marriage certificate and identification documents of both parties are required.6. Divorce Certificate:Once the Amphur processes the case and is satisfied with the provided information, a divorce certificate will be issued.Legal Assistance:While it is technically possible to handle an uncontested divorce without legal representation, seeking professional advice is highly recommended.Our law firm can assist you in ensuring that all legal requirements are met, documents are properly prepared, and the process is expedited smoothly.Costs:The costs associated with an uncontested divorce can vary based on factors such as legal representation, document preparation, and administrative fees. We can provide you with a detailed estimate based on your specific situation.Please feel free to contact us by visiting our profile to schedule a consultation. Our legal experts are here to guide you through the process, ensuring that your uncontested divorce is handled with the utmost professionalism and efficiency.We appreciate your consideration and look forward to assisting you.
Do SIN SUAN TUA and SIN SOMROS apply to all marriages?
Divorce & Separation
Marriage
Family
Sin Somros, which entails tenancy by the entirety with right of survivorship, is the default marital property regime in Thailand, unless the spouses opt for Sin Suan Tua.Sin Suan Tua (Separate Property) consists of:Property belonging to either spouse before marriage.Property for personal use, (dresses or ornaments, professional tools, etc.).Property acquired by either spouse during marriage through a will or gift.Khongman (betrothal gift or dowry).Should you require more information, do not hesitate to reach out to Mahanakorn Partners Group Co., Ltd. Kian Gwan House III, 9th Floor, 152 Wireless Rd., Lumpini, Pathumwan, Bangkok, 10330, ThailandEmail: [email protected]

About Divorce & Separation Law in Cha-am, Thailand

Divorce and separation in Cha-am, Thailand, follows the country's Civil and Commercial Code. The process can be complex, involving legal documentation and court proceedings. It is essential to seek legal advice to navigate the legal system effectively.

Why You May Need a Lawyer

There are various situations where you may require legal help for divorce and separation, such as property division, child custody issues, alimony, and negotiating settlements. A lawyer can provide guidance, representation in court, and ensure your rights are protected throughout the process.

Local Laws Overview

In Cha-am, Thailand, divorce can be granted on various grounds, including adultery, abandonment, imprisonment, or separation for a certain period. The division of property and assets is governed by the Civil and Commercial Code. Child custody is determined based on the best interests of the child. Alimony may be awarded to the spouse in need.

Frequently Asked Questions

Q: How long does it take to get a divorce in Cha-am, Thailand?

A: The time frame for divorce proceedings can vary depending on the complexity of the case and court availability. It may take several months to years to finalize a divorce.

Q: Can I apply for a divorce without a lawyer in Cha-am, Thailand?

A: While it is possible to apply for a divorce without a lawyer, it is highly recommended to seek legal advice to ensure your rights are protected and the process is conducted correctly.

Q: How is child custody determined in Cha-am, Thailand?

A: Child custody is determined based on the best interests of the child, considering factors like the child's age, relationship with each parent, and ability to provide care. The court may award joint custody or sole custody to one parent.

Q: What is the process for dividing property in a divorce in Cha-am, Thailand?

A: The division of property and assets in a divorce is governed by the Civil and Commercial Code. Marital assets acquired during the marriage are typically divided equally between spouses, unless otherwise agreed upon.

Q: Can I modify alimony payments after a divorce in Cha-am, Thailand?

A: Alimony payments can be modified if there is a change in circumstances, such as a decrease in income or an increase in expenses. It is advisable to seek legal advice to petition the court for a modification.

Additional Resources

For legal advice on divorce and separation in Cha-am, Thailand, you can contact the Lawyers Council of Thailand or the Thai Bar Association. They can provide recommendations for experienced family law attorneys who specialize in divorce cases.

Next Steps

If you are considering divorce or separation in Cha-am, Thailand, it is important to consult with a qualified lawyer who can guide you through the legal process. They can provide personalized advice and representation to protect your interests and rights. Schedule a consultation with a family law attorney to discuss your case and explore your options.

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.