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.