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How to Divorce in Thailand

How to Divorce in Thailand

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Published by CareyH231
Divorce Help
Divorce Help

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Published by: CareyH231 on Jan 29, 2012
Copyright:Attribution Non-commercial


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 ==== ====Divorce helpdivorce.shared4u2.com ==== ====Marriage is a legally binding agreement between two partners that allows them to join their lives,responsibilities, and finances together as a couple. But what if a marriage simply doesn't work,and one or both partners want out of the arrangement? According to Thai law, a marriage officiallyends upon the death of one of the partners, or through divorce, the legal dissolution of themarriage bond. Thailand and Divorce Early Thai literature shows that in Thailand's Buddhist society, women had the right to divorcehusbands who mistreated them or committed adultery. In 2002, over 1 divorce happened for every1000 people in the country, a rate of about 6500 divorces per year reflecting increased economicpower and mobility of women in modern Thai culture. According to a recent article by Chiang MaiUniversity law professor Somchai Preechasinlapakun, however, women still tend to end up raisingthe children on their own with little support from their ex-husbands. This stands as a stark contrastto many Western countries where parents can often fight viciously for custody of their children. Another phenomenon in Thailand is mixed marriage between Thais and foreign nationals. Themajority of these marriages are between Thai women and foreign men, and according to someonline estimates up to 50% of first marriages of this kind end in divorce. Explanations includedifferent cultural expectations and communication difficulties. If one follows forums and webpostings, however, there is also the suggestion that some of these marriages are based onexploiting the foreigner's financial assets and divorce occurs when this is discovered or else whenthe assets run out. In any instance and for whatever reason, divorce can be a very difficult and painful time for bothdivorcing partners as well as their children and other relatives. Increased rates of divorce tend tolead to increased single-parent families and can negatively affect children's happiness andsecurity. How Does a Divorce Work in Thailand? As in most jurisdictions, Thailand recognizes a distinction between amicable and contesteddivorces. Amicable Divorce An amicable divorce is simply one in which both parties agree to end the marriage. Such divorces are very easy to obtain, since in essence there is no legal conflict between the two
parties. To obtain a divorce in Thailand, both parties must go to the local district office (Amphoe)where their marriage was recorded and declare their intention for divorce in front of two witnesses.They must sign divorce papers, provide identification and a processing fee, and answer questionsabout agreed financial support and custody of any children resulting from their marriage. The whole process is quick and easy, so long as both parties remain amicable and agree to theproceedings. Contested Divorce In case one marriage partner refuses to agree to a divorce, the partner wanting the divorce mustapply to the courts for divorce on one of the following legal grounds. Grounds For Divorce 1. The husband has married or given financial maintenance to another woman, or if the wife hascommitted adultery. 2. One partner is guilty of criminal or other misconduct. 3. One partner has physically or psychologically harmed the other. 4. One partner has deserted the other for a period of 1 year or the couple has lived apart for 3years. 5. One of the partners has disappeared for 3 years. 6. Maintenance and support have not been adequately provided. 7. One partner has been incurably insane for 3 years. 8. One of the partners has broken the bond of proper behaviour. 9. One partner has an incurable, communicable disease that may affect the other. 10. One of the partners has a physical disadvantage interfering with cohabitation as husband andwife. We suggest that you look at section 1516 of the Thai Commercial and Civil Code to find a list ofgrounds according to Thai Law. From the above list, it's clear that there is room for interpretation in the grounds for divorce, whichmeans the party filing must make a convincing case against the other. This is often where divorceproceedings can turn ugly and truths are distorted. It is important to note that: 1.A Thai lawyer must file your divorce with the Thai Court
2.Your lawyer may act for you in filing through power of attorney, however you must be present incourt when your case is heard3.in order to file for divorce, either or both of the plaintiff and defendant must be a resident ofThailand4.You cannot re-marry until your divorce is officially registered as final with your district office Division of Assets and Debts Thai law holds a distinction between pre-marriage, personal property (sin suan tua) and marriageproperty (sin som rot) and maintains that these be separated upon divorce. This means that, evenwithout a pre-nuptial agreement, your property and debts from before marriage remain yours,while anything you accrued during marriage is split equally between you. Prenuptial agreementsare recognized in Thailand, however, and they are mostly used to delineate which assets belongto which parties before marriage so there is clarity in case of divorce. Prenuptial agreements canalso protect you in case of divorce in a foreign jurisdiction. Under Thai Law, the management ofproperty can also be decided in a prenuptial agreement. Custody of Children In amicable divorces, the partners can decide for themselves who will take custody of the children,or else how to share joint custody. The term "custody" often refers to "parental powers" but canalso mean the "physical custody" of the child. These are different under Thai Law. Both partiescan have parental powers, meaning deciding about the education, religion and others for the child,while only one party can be given "physical custody" of the child. In contested divorces, the courts will rule as to which of the parents will retain custody of thechildren and how maintenance (child support) is paid, if any. In some cases, one party will attemptto have the other declared incompetent as a parent. If it can be shown that the party in questionmay endanger the child or has committed a crime or gross misconduct, then the court may removecustodial rights from that parent. It's important to work with a lawyer to protect your rights as a parent in any contested divorceproceeding, but remember that Thai judges will rarely separate a child from a parent. In otherwords, joint custody will normally be allowed because it is in the best interest of the child to keeprelations with both parents. Spousal Support (also called "Alimony") Legally known as maintenance, payments from one party to the other may be arranged or court-ordered. This is usually done in instances when one party will suffer a marked decline in materialquality of life following a divorce, however maintenance needn't be permanent. Usually payment isordered for a fixed period to allow the receiving party to become financially independent and toallow the two parties to become fully separated. In Thailand, the Courts will rarely give alimony toone spouse, but they will separate the common property equally between spouses. (50%-50%) Protecting Yourself from the Risks of Divorce Of course the best protection from the risks associated with divorce is to ensure that you enter into

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