Divorce in Thailand is legal, as long as both partners agree. It must be written, and certified by two witnesses, and both parties must sign it. In Thailand, marital property is divided equally. Personal property, on the other hand, remains in individual ownership. This includes personal items, purchases, inheritances, and gifts.
Uncontested Divorce
A thai uncontested divorce in Thailand is one of the easiest ways to end a relationship peacefully. During a thai uncontested divorce, the parties agree to the terms of the divorce and will not involve a court. This divorce is often the cheapest way to end a marriage in Thailand. However, if there are any issues that the couple cannot agree on, they are advised to consult with a lawyer. In addition, they must file a divorce agreement at the district office, or “Amphur”. This requires a translation of the passport if the spouses are living in a foreign country.
To obtain an uncontested divorce in Thailand, you need to have a written agreement signed by both parties. This document must be signed by two witnesses and may be filed in court or in the district office. To be legally binding, the document must be translated into Thai and registered with Amphur.
Mutual Consent Divorce
A mutual consent divorce in Thailand is a legal process in which the parties agree to divorce one another. The divorce must be in writing and must be certified by at least two witnesses. In addition, the divorce must be registered and signed by both parties. In Thailand, marital property and other assets are divided equally. However, personal property, such as inheritances, purchases, and gifts, remains the property of the parties.
If both parties are in agreement, the process of divorce is much simpler and less expensive than the traditional legal process. Thai lawyers can assist couples with issues such as child custody, property division, and alimony. The parties do not need to meet in the same place but both spouses must be present at the filing of the divorce.
Administrative Divorce
An Administrative divorce in Thailand requires a settlement agreement between the two parties. During the divorce, both parties must pay the other’s debts. If there were children in the marriage, the children are also part of the divorce settlement. The amount of alimony is based on the needs of the former spouse. The amount of alimony is usually less than what a Western court would order.
The process of getting an administrative divorce in Thailand is quick. It can be completed on the same day. The process includes determining child custody, property, and financial issues. Thai law is complex, and only a lawyer skilled in applying the specifics of the case can get the best result.
When filing a divorce petition, you must first file your pleadings at the Family Court. You must also pay court fees. This fee is 2% of the total amount you are claiming. In some cases, you may also have to pay a Court Delivery fee, which is a fee for delivering your summons to the Respondent. This fee may vary depending on where the Respondent lives. Also, you must include hearing expenses as part of your fees. Generally, the fewer hearings you have, the less you will have to pay in court fees.
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