There are two options when getting divorced in Thailand. The first is by mutual agreement and the other is by way of litigation. If you are getting divorced in Thailand by mutual agreement, you have to have a signed divorce agreement. This has to be drafted by an attorney and needs to be handed in at the Amphur Office (or district office) in Thailand.
The divorce process does not take very long if the divorce is by agreement and there are no objections. If the divorce does not involve property or children then this would be a very fast and easy divorce. The District Office will look at the following:
1. Both parties had to have signed the agreement. The District Office will check if you also had two competent witness to witness the agreement. Note that a deaf and dumb mute is not seen as a competent witness neither is a deaf person seen as a competent person as a witness. This is covered in Section 1670 of the Civil and Commercial Code. Check with your lawyer about your witnesses to the agreement.
2. They will also check that there is a provision for the children. In terms of Section 1520 of the Civil and Commercial Code stipulates that you have to designate who will exercise parental control over the children. If you have property registered in the name of one of your children then after the divorce you ex-wife who has parental control now exercise control over that property. Seek legal advice with regards to property and parental control.
3. Note also that Section 1522 of the Civil and Commercial Code also needs to be completed as you have to state the amount of maintenance for the children, how this will be paid and also where and when. If you are moving back to your home country then this could become a problem.
4. Also note finally that Section 1532 of the Act stipulates that the real estate also needs to be divided as it is at the date of the divorce being granted.
Note that the divorce is final as soon as the documents have been accepted by the Amphur and having been completed correctly. The divorce agreement is mainly used by parties in an uncontested divorce in Thailand. Even though it is uncontested, there are many problems which are best viewed by a divorce lawyer in Thailand. There is the issue of where will the children live, do they get to leave the country to visit their father if he goes back to his home country. If you have a prenuptial agreement then this also needs to be considered as this will become part of the divorce agreement. These are complex issues which are unique to each person.
If you are getting divorced then speak to a family lawyer in Thailand for assistance and to see how best to complete the process with the least amount of stress and trauma. Email us for more information or walk into our offices in Bangkok for an assessment of your situation.