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Understanding Divorce Under Thai Law

Deciding to divorce is a major life change, involving complex legal steps concerning Child Custody (Parental Power) and the Division of Marital Assets (Sin Somros). Proceeding with an expert Family Law Attorney ensures the process is smooth and fair.

Step 1: Assessing the Type of Divorce

Thai law recognizes two primary types of divorce, which dictate the legal process:

1.1 Divorce by Mutual Consent

• • Occurs when both spouses agree to the divorce and agree on all conditions (marital assets, child custody, maintenance).

  • Procedure: Simply registering the divorce at the District Office (Amphur) or local registry office, accompanied by a Divorce Agreement Record (which must clearly stipulate terms for property and children).

1.2 Divorce by Court Judgment (Contested Divorce)

• • Occurs when one spouse refuses the divorce or if terms cannot be mutually agreed upon. This requires filing a petition with the Juvenile and Family Court.

  • Key Requirement: There must be a legally recognized Ground for Divorce as specified under Section 1516 of the Civil and Commercial Code, such as adultery, physical harm, or abandonment for more than one year.

Step 2: The Litigation Process for Contested Divorce

When mutual agreement is not possible, our Juvenile and Family Law Department attorneys take the following action:

1. Evidence Collection: Gathering evidence to prove the grounds for divorce (e.g., proof of adultery or severe misconduct).

2. Filing the Petition: Submitting the divorce petition to the Juvenile and Family Court with jurisdiction.

3. Mandatory Mediation: The court mandates mediation before the trial begins, providing the parties a final opportunity to reach an amicable settlement.

4. Trial and Judgment: If mediation fails, the case proceeds to the hearing and examination of witnesses. The court will issue a judgment granting the divorce or not, along with orders regarding Child Custody and Marital Assets.

Step 3: Managing Rights and Assets Post-Divorce

These are the main issues that must be clearly addressed in the petition or agreement:

3.1 Child Custody (Parental Power)

• • The court primarily considers the Best Interest of the Child.

  • The court may grant custody solely to one parent or shared custody (Joint Parental Power).

3.2 Division of Marital Assets (Sin Somros)

• • Marital Assets are properties acquired during the marriage (excluding personal separate property).

  • The law mandates an equal division (50/50) unless otherwise agreed upon in a contract or ordered by the court.

3.3 Maintenance (Alimony)

The parent not granted custody may be ordered to pay Child Maintenance, and, in certain cases, Spousal Maintenance may be ordered.

Let Expert Family Law Attorneys Represent You

Managing the legal process for filing for divorce, which impacts your marital assets and the future of your children, is highly sensitive. If you are unsure of your rights or need the process to be swift and fair, contact our Juvenile and Family Law Department.