Divorce is never an easy process, no matter you live in which part of the world. It can be very difficult both in terms of emotional and financial aspects. Many people take such a decision without even completely understanding the impacts it can bring. In spite of being a hard choice, the process of divorce in Thailand can be completed in the smooth manner if the couple has the right knowledge and understands their options properly.
Why people overlook the importance of right knowledge.
There are several factors why people do not acquire sufficient knowledge before heading towards the process of divorce. First of all, they probably do not want the separation, they are in emotional distress and don’t bother about the practical consequences about the process, or they know what is required. All these factors lead to hurried decisions that might cause severe damage to their as well as their children’s lives.
The most important knowledge that both spouses must have prior to get into the process of divorce is the Civil and Commercial Code regarding divorce in Thailand.
The Process for Divorce In Thailand
There are 2 ways to divorce in Thailand:
1.Mutually consented divorce in Thailand.
Mutually consented divorce in Thailand is possible only when both the husband and the wife agree and consent on all the issues such as property or children. It is normally conducted at a Registrar Office in Thailand. Two people must witness the divorce and the consent must be given in the written form. At the time of divorce, the couple is required to show legal proof of their married status by presenting the marriage certificate to the Thai Lawyer at the Registrar Office. Apart from the marriage certificate, the proof of being a citizen of Thailand is to be shown in the form of national identity card or passport. It takes just one day to complete the process at the Registrar Office, which issues the certificate of the administrative divorce. Do note that most Registrar Office today, require foreigners to translate and legalized (at the ministry of foreign affairs) before being able to divorce by mutual consent.
2. Contested divorce in Thailand
In this type of divorce, the applicant of the divorce must first show that he or she has a ground, a legal reason, to divorce . It is always advisable to appoint a Thai lawyer and get the right tips and suggestions regarding the proceedings in the case.
At Isaan Lawyers, we try our best to get an agreement between the spouses. We know by experience that going to Court can be long, expensive and stressful.
If an agreement is impossible, you will have to go to Court. First, you will have to prove that you have a ground according to the law. A ground is a legal reason to divorce. You will find these grounds at article 1516 of the Commercial and Civil Code of Thailand. Adultery, separation of 3 years, desertion of 1 year are examples of grounds in Thailand.
A typical divorce in Thailand usually takes about 4-6 months in Court.
We can help you to succeed in your divorce and do not hesitate to contact us.