Category: Divorce
Justifications to Divorce in Thailand
Grounds of Divorce Section 1516 of the Thai Civil and Commercial Code outlines a range of situations that qualify as legitimate grounds for divorce. These encompass: Adultery: When one spouse engages in extramarital affairs, it serves as grounds for divorce. Misconduct: Instances of misconduct leading to severe shame, animosity, substantial injury, or disrupting cohabitation […]
Methods of Uncontested Divorce in Thailand
Mutual Divorce Section 1514 of the Thai Civil and Commercial Code (TCCC) lays down specific conditions that need to be satisfied for a divorce to be considered mutually agreed upon: Written Mutual Consent: Both spouses must express their mutual agreement to end the marriage in written form. This written consent is a crucial element to […]
How to get Divorced in Thailand?
Under Thai law, a divorce can be affected by mutual consent or by the judgment of the Court. Divorces made by mutual consent must be in writing and certified by the signatures of at least two witnesses. The divorce statement must contain the terms of the divorce and file at the place where the marriage is registered. The couple must bring the signed divorce agreement, original marriage certificate, and government identification documents to the Amphur when filing the divorce.
If the divorce is through the court system, there must be grounds for the divorce action. The parties can file a petition for divorce and the petition must allege one of the grounds for divorce stated in Grounds for Divorce Section 1516 of the Thai Civil and Commercial Code.
Recognition of Foreign Divorce for UK Citizens
In April 1988, the United Kingdom introduced amendments to its Family Law on the recognition of divorces granted to its citizens by foreign jurisdictions such as divorces granted in Thailand. The amendments set standards for the recognition of divorces obtained by means of proceedings, as well as those obtained by means other than by means […]
Thai Family Law: How to Parent with Child Custody
After a divorce in Thailand where there is mutual consent, the terms of divorce may be attached to the divorce certificate and has legal force according to Sections 1566(4) and 1520 paragraph 1 of the Civil and Commercial Code. If the couple has children, then the most important term that is agreed to by the […]
Divorce Scenarios for Foreign Nationals in Thailand
Siam Legal International receives several inquiries every day regarding the divorce process in Thailand. Most of these cases involve a Thai girl living in Thailand and a foreign national returning back to their native country. We will go through different variations of this fact pattern and try to address the issues. “I am a British […]
Validity of Marriage Under Thai Family Law
According to Section 1495 of the Thai Civil and Commercial Code, any marriage that violates the conditions of marriage causes a marriage to be invalid. However, the Code provides that only a court judgment may determine a marriage to be invalid. Sections 1496, 1497. Therefore, an important issue that must be addressed concerns legal standing. […]
Will marriage and divorce in Thailand be recognized in Australia?
Will a marriage in Thailand be recognized in Australia? Generally speaking, Thai marriages will be recognized under Australian law provided the parties to the marriage meet certain conditions. For the marriage in Thailand to be recognized it must have been compliant with Australian law in the following ways: Neither party at the time of the […]
Will a Thai prenuptial be recognized in Australia?
Prenuptial agreements in Australia are referred to by Australian legislation as “binding financial agreements” rather than prenuptials in Thai law. Financial agreements have been introduced into Australian law relatively recently comparative to other Australian family law legislation, through Part 90 of the Family Law Act in 2000. This sets out the various conditions under which […]
Recognition of Foreign Divorce in Thailand for US Citizens
There is a great number of Americans married to foreigners. As such, there are also numerous divorces applied for and granted to Americans in foreign jurisdictions. There is no legal obligation for states to recognize foreign judgments of divorce issued by other countries. However, most states in the US recognize divorces granted to its citizens […]
