What is a divorce by mutual consent in Thailand? There are two options in Thailand when getting divorced. The first is a potentially costly ligated divorce while the other is a divorce by mutual consent which can be completed in a week with minimal cost. These are the options however most expat divorces which involve children tend to end in litigation.
Divorce by Mutual Consent
See this website for the requirements for a divorce in Thailand and see if your reasons for a divorce are covered in Thai law. Once you have seen which condition applies to you then consider the documents that the divorce lawyer in Bangkok would require. These have also been listed on this website. Once you have all the needed documents you will need to schedule an appointment with a divorce attorney in Thailand to start the process. Note that you will need to be at court when the matter starts however unless called upon most do not attend the court proceedings as you many expats tend to return back to their home countries.
If there are no disagreements then you and your wife can approach and attorney and have a divorce agreement drafted. This will divide the property and also appoint guardianship to one of the parents with the agreed conditions. Monthly maintenance and visitation rights should also be included in this agreement. This should not take more than a week to agree on all the needed points and to draft this agreement. This divorce agreement will then be filed with the District Office where you got married.
District Office
The documents for the District Office or Amphurs office would be the divorce agreement. Also a copy of your prenuptial agreement if you had one. Copies of your children’s birth certificates. In addition to copies of all the assets which are listed in the divorce agreement such as company documents if you own a business or your property is in the name of a business. The same goes for cars, motorbikes as well as any other registered assets.
Note that if there is a dispute about the amount of maintenance for the child or children then the matter also has to go to court to decide what each parent will pay as provision has been made for this under Section 1522 of the Act.
Getting divorced in Thailand can be difficult. However if all parties are on good terms then the divorce normally goes well and smooth. Always take legal advice from a family lawyer in Thailand. This for proper legal advice and assistance. Some divorces in Thailand do end in violence as has been documented in the Thai newspapers. However with proper legal guidance and with an open mind to compromises most of the issues can be solved.
