If you are going to get divorced in Thailand, you will need to speak to a divorce lawyer in Thailand for more information and assistance. There are two types of divorces in Thailand. The first is an administrative divorce and the other is a litigated divorce. The administrative divorce only requires the required documents as well as the divorce agreement. This is not very common with foreigners in Thailand.
Unopposed Divorce
The unopposed divorce in Thailand is the most cost efficient divorce you will find as it does not require an appearance in court but only at the Amphurs Office in your area. It is normally done where you got married and you will need all the documents such as your marriage certificate (both types) as well as your ID documents and birth certificates of your children born out of the marriage. The divorce agreement must be drafted and everyone has to agree to its content. This normally covers the assets and liabilities of the joint estate and provisions for the children such as child custody and also child maintenance for the child or children. A family lawyer in Thailand would normally draft the agreement and ensure that all the documentation is in order. The process is fast and also cost efficient.
Opposed Divorce
If you cannot reach agreement on the divorce, then litigation will be the only way out. For this you would need to consult and attorneys so that the disagreements can be viewed to see if they are fair and also if there is a way of settling the matter by mediation in Thailand. This is not very common however if the issues are small these can be settled without the need for going to court. Major issues tend to be property and child custody.
These become very costly and lengthy. The Family Courts in Thailand are clogged with Thai families also litigating over child custody. Consider all your options and also consider with the eye on speedy settlement. What you would be willing to ‘horse trade’ to shorten the divorce process with the least amount of cost. There is no point litigating over a scooter or car as the legal costs would be more than the value.
Documents needed
Many divorces can be settled by mediation in Thailand if the parties are not out for revenge or anger wanting to seek a litigated court case. Many times these issues can be settled in a reasonable form. Documents you will need for your attorney:
- Your passport and children’s passports or ID cards and birth certificates
- School reports for the children
- Your Thai marriage certificates and contact details of your wife
- Copy of your property title deeds
- Also copy of any movable assets you own in Thailand
- Copy of any business registration(s) you have in Thailand
You will normally only need to appear when the court proceedings. Then start and the court will then excuse you if you have to return home. This and only summon you when you can come to Thailand for the divorce proceedings. Child custody battles can take more than a year so take this into consideration and the courts will also take into consideration that you may no longer live in Thailand.
Speak to a divorce lawyer in Thailand today for proper legal advice and assistance.