One of the most difficult experiences that a person can go through is a divorce. Divorces can be emotional and difficult. Every family law case presents its own unique challenges and this is doubled when a party is in a foreign country with foreign laws. For a divorce or any other family law issue, you need an experienced and respectful Thai divorce lawyer to represent you. A properly drafted divorce decree is important to minimize future conflict by clearly delineating the rights and obligations of the parties.
What should be included in a properly prepared Thai divorce decree?
A Thai Divorce Agreement should identify the parties and children of the marriage, information about the marriage relationship, and the causes of the divorce. Children of the marriage needs to be identified and Thai law requires that the cause of the breakdown of the marriage be identified.
Issues in regards to child custody must be resolved in the Divorce Decree. The Divorce Decree should lay out the legal and physical custody rights of any children of the marriage. The issues of child’s education, health care, and child support should be addressed in addition to the visitation schedule.
Spousal support is not required in Thailand but it has started to be accepted by Thai courts. A Thai court is more likely to order spousal support if the breakdown of the marriage is caused by the actions of one party and the other party will have difficulty to support themselves. However if spousal support is in the divorce decree, it is important to outline the payment details and the termination dates of the support.
A section on marital property details the division of marital property and the division of marital debt. Property that was received or debt accumulated prior to the marriage is considered separate property unless it was mixed with the marital property or marital debt. The marital property division provision in a Divorce Agreement should label which property is confirmed separate property and divide the ownership of the marital property and the marital debt.
Divorce is a difficult process for a non-native Thai speaker. It is recommended that a foreigner be represented by an English speaking Thai attorney or lawyer. The ability to communicate with your attorney allows you to understand your rights and duties under Thai family law. If you are contemplating a divorce in Thailand, call a law office in Thailand for a consultation.