Divorce in Thailand

Divorce Under Thai Family Law

Thai Family Law gives couples a few different ways to obtain a divorce. First, contested divorce can be a valid remedy if the couple hasn’t been married for a reasonable period of time. This remedy is also available to couples who haven’t registered their marriage in Thailand but have been living in the country for at least two years.

Uncontested Divorce

An uncontested divorce is an administrative form of divorce under the Thai family law. It is a popular choice among Thai couples because it avoids conflict among spouses and their families. In most cases, couples will decide on the terms of their divorce agreement privately, and only consult a divorce lawyer if they cannot come to an agreement. However, if you live in another country and wish to get a divorce in Thailand, you must follow certain procedures.

A Thai divorce lawyer can help you file for an uncontested divorce. There are many factors to consider when filing for an uncontested divorce. Firstly, the divorce process must be done in person. Usually, the divorce will take place in a district office, which means that both parties must be physically present. On the other hand, a contested divorce will require the two parties to go to court and fight for their divorce.

Child Custody

If you are facing a divorce, you may be wondering if you have a right to child custody. In Thailand, child custody is a legal right. It is one of the main provisions of the Family Code, which governs rights and responsibilities of parents. It states that the child’s well-being and interests are paramount, and parents have an obligation to provide for them.

The father of a child born outside of marriage has a legal right to child custody, but must first legitimize the child. This requires the consent of both the mother and the child. If this is achieved, the father can then apply for joint or sole custody of the child.

Prenuptial Agreement

Divorce can be a very difficult time for both parties, and having a prenuptial agreement can prevent this from happening. It allows you to specify the division of common assets upon divorce. However, you should remember that prenups aren’t the same as a will and should not include spousal support or child support.

Prenuptial agreements can protect your financial security if you are in debt or have a poor financial background. It can also protect your interests if you get divorced. It is a good idea to consult a legal professional to make sure you get a prenuptial agreement signed. It is also important to note that a prenuptial agreement cannot dictate how foreign laws will be used to settle a divorce.

Court Jurisdiction for Divorce Lawsuits

If you’re facing a divorce in Thailand, you will likely need to know where to file your lawsuit. There are two ways to file a divorce in Thailand – administratively, or through the court system. Both processes involve the filing of paperwork at a government District office. A Thai divorce lawyer can help you navigate the legal process and assemble the necessary evidence to protect your interests.

The process of a Thai divorce requires both parties to appear in court. In an uncontested divorce, the two spouses must appear in person. In a contested divorce, the spouse who filed the lawsuit must live in Thailand or have lawful presence in the country. If neither party is present, the spouse may file a divorce complaint through a lawyer.

Thai Prenuptial Agreement

Prenuptial Agreement in Thailand

A Thai Prenuptial Agreement is a legal contract between the two people who are getting married. It lays out the terms of the marriage so that the parties know what they will be doing financially when the marriage ends. It can be beneficial if you want to protect your assets and avoid inheriting your partner’s debts after the marriage. This contract must be drawn up in both languages of both parties and cannot be amended after the marriage.

Prenuptial Agreements

If you are planning to get married in Thailand, you must know that prenuptial agreements are governed by Thai family law. These agreements must specify the property and debts of each spouse, and they should be drafted by a Thai family law lawyer. The lawyer will make sure that your agreement is enforceable and accepted by the Thai courts.

The civil and commercial code section 1465 recognizes prenuptial agreements. Your agreement should deal mainly with the property you will jointly own with your future husband. This will help to prevent any disagreements down the road. The contract must be in writing, signed by both parties, and witnessed by two witnesses. In addition, it must be registered with your marriage, since it cannot be changed after the marriage.

Protection from Inheriting Spouse’s Debt

One way to protect yourself from inheriting your spouse’s debt is to sign a prenuptial agreement in Thailand. This type of contract can be signed before you get married or after, and it only protects you from your spouse’s debt if the agreement is followed. Many couples choose to do this because they are worried about the effects of divorce or the possibility of financial misunderstandings.

It’s important to understand that a prenup will not protect you from your future spouse’s debt, but it can protect you from a variety of potential liabilities. For example, it can protect you if your partner has poor credit habits or is a stay-at-home spouse. Also, if you’re married to a lower-earning spouse, a prenup will protect you from being held responsible for their debt.

Protecting Your Assets Against Divorce

If you live in Thailand and have significant assets, you should make sure that you have a prenuptial agreement in Thailand before you tie the knot. These agreements are a way to protect your assets in the event of a divorce. While prenups are not binding, they can protect your assets if you get divorced. If you have children, a prenup is especially important. Both parties should sign the document and have it entered into the marriage register.

Prenuptial agreements are legal in Thailand and are recognized under the civil and commercial code section 1465. The only exception is if the agreement contains provisions that are against good morals. Thailand has a civil law system and the civil and commercial code are the primary sources of law.

A Good Compromise in the Event of Divorce

Prenuptial agreements are a good way to protect the interests of your spouse in the event of a divorce in Thailand. These documents guarantee that each spouse will receive a minimum share of the assets they have amassed during their marriage. Thailand’s family law system recognizes prenuptial agreements as valid and upheld by the courts.

In one recent case, a husband and wife filed a divorce petition in Thailand, citing a prenuptial agreement. While the petition focused on child custody issues, it included a section entitled “No Marital Property,” which cited the prenuptial agreement. The wife, however, did not explicitly state that she was seeking enforcement of the prenuptial agreement in Thailand. Moreover, her husband failed to submit an affidavit signed by his Thai legal counsel stating that the prenuptial agreement is required to be enforced.

Housing and Land Tax in Thailand

Housing and Land Tax in Thailand

If you own or thinking of buying a house in Thailand then there is an annual tax which needs to to paid. This is based on 12.5% of the rental income of the property. If you live in the house which you own then this is not needed. If you are leasing the property to another this tax is payable even when it is commercial property.

Common Questions in Thailand

Common Questions in Thailand

These are a list of common questions asked in Thailand when it comes to Thai property laws and also Thai immigration laws. We have listed these questions about Thailand in the listed format for easy reading and broken it down into sections. If you have any other questions then speak to us online for anything you wish to know which has not been listed.

Thai Marriage Visa

Thai Marriage Visa

If you are married to a Thai national you can now apply for a 3 month Thai marriage visa. Thai Thai “O” visa allows you to live in Thailand with your Thai wife. When you apply at the Thai embassy the documents are easy enough to understand and provide. The extension of this visa into a 12 month visa requires more documentation.