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.
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
When the marriage has turned the other way and no matter how much effort the spouses exert to keep the marriage intact, there are times when nothing will work and the best solution the spouses feel is the right thing to do is file a divorce. This resort is accepted in Thailand and there are […]
A reading of the Thai Civil and Commercial Code on property between husband and wife will tell us what provisions are not allowed to be included in a prenuptial agreement in Thailand. To start with, the Thai CCC section 1465 gives a general qualification that any clause in the agreement which is contrary to public […]