Divorce Lawyer in Phuket

Divorce is an intricate process in any country including Thailand. It requires a great deal of effort and can be emotionally draining. However, in many cases, the dissolution of marriage is inevitable. The divorce process can either be simple if the couple can amicably settle the conditions of their separation or it can be very complex and time-consuming if the issues cannot be resolved through mutual agreement.

In Thailand or Phuket in particular, interracial marriage is very common. Depending on the type of divorce, the divorce legally granted in Thailand may not be recognized in some foreign countries. In addition, there may be other issues accompanying the divorce process, whether it be child custody, property division, or proof of paternity. On those accounts, if you are staying in Phuket, it is important to consult with a lawyer in the area to guide you through the process and help protect your best interests.

Divorce Types and Procedures in Thailand

In general, there are two types of divorce in Thailand. The type of divorce which you will need to go through depends upon the situation between you and your partner.

Uncontested Divorce

This form of divorce can be executed when both parties mutually agree to terminate the marriage and settle the terms of the divorce. With consent from both husband and wife, the law allows the dissolution of marriage to be performed without any grounds. In this case, the process is relatively straightforward and less time-consuming. The issues such as child custody, alimony, or division of assets should be negotiated and agreed upon in writing by both spouses before the filing of a divorce. The procedure takes place at the local Amphur where both parties must be personally present.

The general documents required for divorce registration include:

• Divorce agreement signed by the two parties
• Identification document of the parties
• Marriage certificate

It is noteworthy that the uncontested divorce is not accepted in every foreign country and a court order might be necessary. Once the divorce is officially registered at the Local District Office in Phuket, a divorce certificate will be issued.

Though the presence of a legal representative is not necessary for this form of divorce, the assistance and guidance of a legal professional in Phuket will be beneficial in helping the spouses understand the procedures and legal implications, draft and review the divorce agreement and prepare all supporting documents for the registration.

Contested Divorce

Contrary to the uncontested divorce, the contested divorce is when one party disagrees with the dissolution of marriage, or the spouses fail to settle on the terms of divorce through negotiation. Under this circumstance, the court’s intervention is required. The party filing the divorce to the court must declare a ground to terminate the marriage by providing sufficient evidence against the opposite party. The ground used to file for a divorce must be based on the Thai Civil and Commercial Code.

These legal grounds include:

• Act of adultery
• A misconduct that causes severe damage including injury or shame to the other party
• A serious harm that inflicted emotional or physical pain to the other party including insults towards the spouse’s family
• A spouse deserted the marriage for more than one year
• A spouse has been missing for over 3 years
• A spouse failed to provide appropriate support to the other party or caused serious distress that severely affects the relationship as husband and wife
• A spouse has been suffering from mental illness for over 3 years
• A spouse violated the bond of good behavior
• A spouse suffers from a contagious illness that is deemed incurable
• A spouse is physically handicapped and is permanently unable to be in a marital relationship

A spouse filing for a lawsuit may claim compensation or living allowance if the other party is proven to be at fault.

Additionally, a contested divorce is chosen when both parties cannot come to an agreement regarding issues such as child custody, sharing of jointly owned assets, or financial issues. In case a prenuptial agreement has been made between the couple, it can be used as supporting evidence for the court’s decision.

This form of divorce requires more time and dedication. The partner(s) as well as the legal representatives will need to appear before the court several times until the resolution is made.

Once all is settled and the termination of marriage is granted by the court, the matter must be notified to the local Amphur in Phuket in order to obtain an official divorce certificate.

It is highly recommended to consult your case with an experienced lawyer in this field from a well-recognized law firm in Phuket due to the complications of the legal proceeding.

How Long Does the Divorce Process Take?

In the case of uncontested divorce where both parties agree on all terms, the registration at the local district office only takes one day.

On the other hand, if the court decision is necessary, the proceedings can take from a few months up to a few years depending on the complexity of the case.

The divorce law in Thailand may be different from the law in your home country. A local lawyer who is experienced in Thai family law and can explain the procedures to you in English will help make the process much less chaotic. The family lawyers in Phuket can assist you from providing consultation on your personal case to handling the matter in court if ever needed.

We realize the significance and sensitivity of family problems. With our expertise, we can help you manage every aspect of the whole process with care and professionalism. Please contact us to receive advice on how we can help ensure your best interests are taken care of.

Siam Legal (Phuket)

123 / 27-28 Moo 5, Bangtao Place, Cherngtalay, Thalang, Phuket, 83110, Thailand
Phone: +66 76 326 322

Siam Legal Phuket