Define Thai Divorce - Divorce law in Thailand
| Divorce settlement agreement and legal advice (Thai/ English) by lawyers | 9,800 THB |
The district offices are responsible for marriage registrations and have the authority to again dissolve a marriage in a 'divorce on mutual consent'.
A divorce before the amphur in Thailand requires agreement between both spouses to the division of marital or jointly owned assets, custody of children and if and how much alimony will be paid. If no agreeable solution can be found parties can file a petition for the dissolution of the marriage by the court and the court will decide for them on these matters according to Thai law and individual circumstances.
When both parties agree to on the terms of the divorce (divorce on mutual consent) the procedure at the local amphur will be shorter, less expensive and less time consuming. Parties must however agree on all types of potential issues such as division of properties, spousal maintenance and child custody. It is not required that the parties request a divorce at the same location where the marriage is registered.
A contested divorce, dissolution of the marriage by the judgment of the court in Thailand, will take considerably more time, money and requires several court appearances.
There is no need to visit us at our office in a do it yourself divorce, almost everything can be done online. We offer legal advice by email, explain the rights of each party in a divorce and draw up divorce agreements in Thai and English online. A professionally prepared divorce settlement agreement in Thai and English for a divorce on mutual consent.
Tags: divorce law
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Unless the parties agree on divorce on mutual consent the grounds of action for divorce in a Thai court are as follows:
| (1) |
the husband has given maintenance to or honored such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;
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| (2) |
one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:
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| (a) | to be seriously ashamed; | |
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(b)
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to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
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(c)
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to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; |
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| (3) |
one spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
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(4)
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one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
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(4/1)
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one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;
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(4/2)
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The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
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| (5) |
one spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
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| (6) |
one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
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(7)
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one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
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| (8) |
one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
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| (9) |
one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
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| (10) |
one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.
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Tags: Thailand Divorce, Thailand Prenuptial Agreement, Start Family Legal
