Marriage is usually a legally binding agreement between two partners that will allows them to join their lives, responsibilities, in addition to finances together as a couple. however what if a marriage simply does not work, in addition to one or both partners want out of the arrangement? According to Thai law, a marriage officially ends upon the death of one of the partners, or through divorce, the legal dissolution of the marriage bond.
Thailand in addition to Divorce
Early Thai literature shows that will in Thailand's Buddhist society, women had the right to divorce husbands who mistreated them or committed adultery. In 2002, over 1 divorce happened for every 1000 people from the country, a rate of about 6500 divorces per year reflecting increasing economic power in addition to mobility of women in modern Thai culture. According to a recent article by Chiang Mai University law professor Somchai Preechasinlapakun, however, women still tend to end up raising the children on their own with little support via their ex-husbands. This specific stands as a stark contrast to many Western countries where parents can often fight viciously for the custody of their children.
Another phenomenon in Thailand is usually mixed marriage between Thais in addition to foreign nationals. The majority of these marriages are between Thai women in addition to foreign men, in addition to according to some online estimates up to 50% of first marriages of This specific kind end in divorce. Explanations include different cultural expectations in addition to communication difficulties. If one follows forums in addition to web postings, however, there is usually also the suggestion that will some of these interviews are based on exploiting the foreigner's financial assets in addition to divorce occurs when This specific is usually discovered or else when the assets run out.
In any instance in addition to for whatever reason, divorce can be a very difficult in addition to painful time for both divorcing partners as well as their children in addition to various other relatives. Increased rates of divorce tend to lead to increased single-parent families in addition to can negatively affect children's happiness in addition to security.
How Does a Divorce Work in Thailand?
As in most jurisdictions, Thailand recognizes a distinction between amicable in addition to contested divorces.
An amicable divorce is usually simply one in which both parties agree to end the marriage.
Such divorces are very easy to obtain, since in essence there is usually 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 in addition to declare their intention for divorce in front of two witnesses. They must sign dispute papers, provide identification in addition to a processing fee, in addition to answer questions about agreed financial support in addition to custody of any children resulting via their marriage.
The whole process is usually quick in addition to easy, so long as both parties remain amicable in addition to agree to the proceedings.
In case one spouse partner refuses to agree to a divorce, the partner wanting the divorce must apply 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 has committed adultery.
2. One partner is usually guilty of criminal or various other misconduct.
3. One partner has physically or psychologically harmed the various other.
4. One partner has rejected the various other for a period of 1 year or the couple has lived apart for 3 years.
5. One of the partners has disappeared for 3 years.
6. Maintenance in addition to 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 behavior.
9. One partner has an incurable, communicable disease that will may affect the various other.
10. One of the partners incorporates a physical disadvantage interfering with cohabitation as husband in addition to wife.
We suggest that will you look at section 1516 of the Thai Commercial in addition to Civil Code to find a list of grounds according to Thai Law.
via the above list, the item's clear that will there is usually room for interpretation from the grounds for divorce, which means the party filing must make a convincing case against the various other. This specific is usually often where divorce proceedings can turn ugly in addition to truths are distorted.
the item is usually important to note that will:
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 in court when your case is usually heard
3.in order to file for divorce, either or both of the plaintiffiff in addition to defender must be a resident of Thailand
4.You can not re-marry until your divorce is usually officially registered as final with your district office
Division of Assets in addition to Debts
Thai law holds a distinction between pre-marriage, personal property (sin suan tua) in addition to marriage property (sin som rot) in addition to maintains that will these be separated upon divorce. This specific means that will, even without a pre-nuptial agreement, your property in addition to debts via before marriage remain yours, while anything you accrued during marriage is usually split evenly between you. Prenuptial agreements are recognized in Thailand, however, in addition to they are mostly used to delineate which assets belong to which parties before marriage so there is usually clarity in case of divorce. Prenuptial agreements can also protect you in case of divorce in a foreign jurisdiction. Under Thai Law, the management of property can also be determined 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" however can also mean the "physical custody" of the child. These are different under Thai Law. Both parties can have parental powers, meaning deciding about the education, religion in addition to 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 the custody of the children in addition to how maintenance (child support) is usually paid, if any. In some cases, one party will attempt to hold the various other declared incompetent as a parent. If the item can be shown that will the party in question may endanger the child or has committed a crime or gross misconduct, then the court may remove custodial rights via that will parent.
the item's important to work which has a lawyer to protect your rights as a parent in any contested divorce proceeding, however remember that will Thai judges will rarely separate a child via a parent. In various other words, joint custody will normally be allowed because the item is usually from the best interest of the child to keep relations with both parents.
Spousal Support (also called "Alimony")
Legally known as maintenance, payments via one party to the various other may be arranged or court-ordered. This specific is usually usually done in instances when one party will suffer a marked decline in material quality of life following a divorce, however maintenance need not be permanent. Usually payment is usually ordered for a fixed period to allow the receiving party to become financially independent in addition to to allow the two parties to become fully separated. In Thailand, the Courts will rarely give an allegiance to one spouse, however they will separate the common property equally between spouses. (50% -50%)
Protecting Yourself via the Risks of Divorce
Of course the best protection via the risks associated with divorce is usually to ensure that will you enter into a marriage which has a partner you know well in addition to trust fully. from the case of cross-cultural marriages, however, This specific may be incredibly difficult, especially because of language barriers. One way to get around This specific is usually to investigate your potential spouse. This specific may sound distasteful, although an honest person has nothing to fear in addition to you can ask your Thai partner to cooperate with an investigation of his or her background creating sure that will you both have peace of mind before marriage.
A prenuptial agreement, as previously stated, is usually another way to safeguard your interests should your marriage fail. In Thailand, prenups are largely used to delineate pre-marriage assets of the two partners in addition to to agree to a jurisprudence where you would likely follow the law for divorce proceedings should they become necessary.
For property, a usufruct agreement, a lease or superfiches are common instruments to protect the rights of foreigners living in Thailand. As foreigners may not directly own land in Thailand, the land that will a couple inhabits will always be the property of the Thai partner. Should divorce occurs, a usufruct agreement allows the foreign partner to continue to live on the land for your lifetime, or for 30 years with possibility to renew.
Divorce is usually rarely a happy or welcome occasion, yet for some marriages the item is usually the final in addition to only remaining solution to allow both partners to move their lives past a failed relationship. Keeping the dissolution of the relationship amicable makes divorce easy to accomplish in addition to easier for the partners in addition to children involved. However, some marriages end badly in addition to lead to even messier divorces. If you need a divorce in Thailand, make sure you work which has a lawyer in addition to know your rights, most especially with regards to child custody so you can protect your family in addition to your finances.