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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.

How can I get a divorce in Thailand?
Divorce & Separation
There are two types of divorce in Thailand, a contested divorce is when one or both parties do not agree on parts of the separation, such as custody rights or marital property, or in the case when one spouse is not willing to divorce, a contested divorce can be very costly. An uncontested divorce is less costly and usually results in a mutual agreement. It is recommended to consult with a lawyer in Thailand who specialises in divorce law for legal counsel before signing any agreement related to your divorce in Thailand.
When is an uncontested divorce in Thailand usually recommended?
Divorce & Separation
An uncontested divorce is usually preferred if both parties agree on a divorce and have no disagreement about marital property sharing and/or child custody.
What must a divorce agreement in Thailand contain?
Divorce & Separation
The agreement must include the terms the parties will live by after the divorce is decreed. Provisions on sharing of marital property, custody of children, alimony and child support must be clearly defined in the divorce agreement.

About Divorce & Separation Law in Hua Hin, Thailand:

Divorce and separation in Hua Hin, Thailand, are governed by the Thai Civil and Commercial Code. In Thailand, there are two types of divorce: contested and uncontested. Contested divorce occurs when the parties cannot agree on the terms of the divorce, such as division of assets or child custody. Uncontested divorce is when both parties agree to the terms of the divorce without going to court.

Why You May Need a Lawyer:

There are several situations where you may need a lawyer for divorce and separation in Hua Hin, Thailand. These can include complex financial situations, disputes over child custody, or if you are a foreigner seeking a divorce in Thailand. A lawyer can help guide you through the legal process and ensure your rights are protected.

Local Laws Overview:

In Hua Hin, Thailand, family law follows the Thai Civil and Commercial Code. Some key aspects of local laws relevant to divorce and separation include the division of marital assets, child custody, and financial support for children. Foreigners seeking a divorce in Thailand may need to navigate additional legal requirements.

Frequently Asked Questions:

1. Can I get a divorce in Hua Hin, Thailand if I am a foreigner?

Yes, foreign nationals can file for divorce in Thailand under certain conditions. It is advisable to consult with a lawyer familiar with international divorce cases.

2. How are assets divided in a divorce in Thailand?

Marital assets are typically divided equally between spouses unless agreed upon otherwise. Assets acquired before marriage or by gift or inheritance may be exempt.

3. What factors are considered in child custody cases?

The best interests of the child are paramount in child custody cases. Factors considered include parental involvement, stability, and the child's preferences if they are old enough to express them.

4. How long does the divorce process take in Hua Hin, Thailand?

The length of the divorce process can vary depending on whether it is contested or uncontested. On average, uncontested divorces can be finalized in a few months, while contested divorces may take longer.

5. Do I need to appear in court for a divorce in Thailand?

For an uncontested divorce, parties may not need to appear in court. However, for contested divorces, court appearances are usually required.

6. Is mediation required in divorce cases in Thailand?

Mediation is not a legal requirement for divorce cases in Thailand, but it can be a helpful tool for resolving disputes amicably.

7. Can I change my name after a divorce in Thailand?

Yes, you can revert to your maiden name or change your name after a divorce in Thailand. This can be done as part of the divorce proceedings.

8. How is child support determined in Thailand?

Child support is calculated based on the income of both parents and the child's needs. The court will consider various factors to determine a fair amount of financial support.

9. What happens if my spouse refuses to sign divorce papers?

If your spouse refuses to sign divorce papers, you may need to pursue a contested divorce. In such cases, legal assistance is highly recommended.

10. Can I appeal a divorce decision in Thailand?

Yes, you can appeal a divorce decision in Thailand within a specified timeframe after the judgment. An experienced lawyer can guide you through the appeals process.

Additional Resources:

For more information on divorce and separation in Hua Hin, Thailand, you can contact the Thailand Department of Consular Affairs or seek assistance from a reputable law firm specializing in family law.

Next Steps:

If you require legal assistance for divorce and separation in Hua Hin, Thailand, it is recommended to consult with a qualified family law attorney who can provide guidance and representation throughout the legal process. Be prepared to gather all relevant documents and information related to your case before meeting with a lawyer.

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.