Easy and quick some say? If you married in
Thailand and both parties agree to the divorce,
If you are married and your spouse does not agree to a divorce in Thailand then you will need to obtain a judgement from the Court. You need a lawyer for these steps BUT YOU MUST APPEAR YOURSELF IN PERSON. You cannot remarry until this has been allulled. Judegement for divorce is granted only if the application is based on any of the 12 grounds for divorce & becomes effective at date of final judgement & must be registered at a District Office or a Thai Embassy.
If in the US each state has their own set of rules. Most states require a 6-month cooling off period (separation) before the divorce becomes final. On the other hand, Nevada only requires six weeks of living in Nevada (for non residents).
Qu: What if my Thai wife won't agree? Then you need to file to the court for an annulment on grounds. Use a lawyer to do this AND you must appear in person yourself..
Qu: If I am a foreigner & live in Britain & my wife will not divorce me what do I do? You must file to the Thai Court in Thailand & be present (can take 2 months). Normally a Thai Lawyer will file for you and act as your power of attorney but YOU must attend the Court. A lawyer cannot represent you in Court..
Qu: Can I get my Thai wife's parents to sign on her behalf? No
Qu: Can the Thai Embassy assist me as a foreigner? No
Qu: Can I prepare myself? No you must use a lawyer to file. However if by mutual consent you can do yourself.
Qu: If both parties agree is it straight forward? Yes you can then apply direct to the local Amphur yourself.
Qu: How long must I be separated before I apply? 3 years separation
Qu: Must I travel to Thailand to divorce if my wife won't sign? Yes---there's no other way.
Qu: What if my wife leaves you in the USA? tough ----you must pay the support she will receive from the Social Welfare or whatever benefits she may receive for the rest of your life unless she goes back to Thailand..
Qu: If I marry a Hmong or ethnic tribal girl or Shan is this marriage recognized under Thai law? No
SECTIONS OF THE ACT:
Section 1514 Divorce by mutual consent must be made in writing and certified by the signatures of at least 2 witnesses.
Section 1515 Where marriage has been registered as provided by this code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife.
Section 1516: GROUNDS FOR DIVORCE:
1/. Husband has given maintenance to or honoured such other woman as his wife, or the wife has committed adultery, the other may claim for divorce.
2/. One spouse is guilty of misconduct, criminal or otherwise.
3/. One spouse has harmed the other via torture or mental circumstances.
4/. One spouse has deserted the other for over 1 year.
Either party lives apart for 3 years.
5/. One or the other partner has disappeared for 3 years.
6/. Lack of marital support.
7/. One spouse insane for more than 3 years & its incurable.
8/. One partner has broken the bond of good behaviour.
9/. Incurable disease that may affect the other.
10/. Physical disadvantage permanently unable to cohabit as husband & wife.
If in doubt ask us. We are only an email away!!
THAI DIVORCE LAW:
When a couple divorce in Thailand all marital property (sin somros) is divided equally. Personal property (sin suan tua) remains owned by the individual. Thus marital property is anything acquired during marriage by way of gift, bought, or inherited. Personal property is anything acquired before the marriage like a house, tools, equipment & possessions. If both parties agree then the proceedings are straight forward.
Both parties are responsible for debts incurred from household affairs, education and medical bills. One can have a prenuptial agreement which is law & where property is subject to foreign laws. To be valid the prenuptial must be tendered at the marriage registration to be effective & signed by both parties & 2 witnesses. Most of these prenuptial agreements are between foreigners and Thais.
If one partner is employed, property is split equally. If the wife stays home and looks after the children she has the right to half even though she is not receiving payment. The parents divorcing can agree on who pays for the children's education and day to day living expenses and maintenance. if they cannot agree the Court will rule. the Court may also decide on living allowances based on the ability of the grantor & the status of the receiver.
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