The Civil and Commercial Code of Thailand governs divorce in Thailand. Here are some details on the Thai divorce procedure:
- Thai law recognizes a number of grounds for divorce, including adultery, desertion, confinement, and irreconcilable differences. One of the spouses must submit a petition to the court for divorce and offer proof to back up their case.
- Jurisdiction: The court in the province where the couples last cohabited or where the defendant resides must receive the divorce petition. The petition can be submitted to a Thai embassy or consulate even if one or both of the parties reside overseas.
- Divorce that is contentious versus uncontested: An uncontested divorce is one in which both parties consent to the divorce and the conditions of the settlement. It is a disputed divorce if there is a disagreement regarding assets, child custody, or any other matter, in which case the court will have to determine the terms of the settlement.
- Mediation: The court may occasionally mandate mediation to assist the parties in coming to a resolution. The court will hold a trial and issue a judgment based on the evidence presented if the parties are unable to come to an agreement.
- Property division: In the event of a divorce, the court will decide how to split up the couple’s assets based on each party’s contributions to the union and other circumstances. Unless there are unique circumstances that call for a different allocation, each spouse is entitled to a 50% share of the marital assets..
- Child support and custody: If the parties have kids, the court will make decisions about support and custody based on what’s best for the kids. Children must be supported by both parents, and the court may order one parent to pay the other child’s support.
Overall, divorce can be a difficult procedure in Thailand, especially if there are disagreements regarding property or child custody. It is crucial to obtain the counsel of a knowledgeable family law expert to help you navigate the procedure and defend your rights.