Divorce in Thailand has become typical nowadays among Thai couples, Thai-Foreign couples and also to Foreign couples. The number of divorce cases in Thailand has significantly increased in the past few years. In this article, the focus is on foreign couples and Thai-foreign couples, as most are expecting the same processes from their home country when it comes to having a divorce.

This expectation would lead to serious difficulties between both parties and their respective lawyers handling the case. For those who are unfamiliar with how a divorce in Thailand works, here are some key factors to take note:

Grounds for Divorce

Thai law requires a party to specify one of the various grounds for divorce; including adultery, abandonment, separation, serious physical and mental abuse among others. Thai family courts take these grounds quite seriously, and should be proven or admitted by one party before the divorce will be granted by court.

No judgement of Joint Child Custody

Thai Family Courts does not have authority to grant a joint custody unless both parties come up to an agreement regarding all the existing issues. When a child custody case goes to court, the judge will be forced to make decision to grant sole custody to one of the parents.

Management of resources

This plays a very important role in divorce litigation in Thailand. Drastic situations may require court intervention, so both the parties involved are expected to fund their own lawsuit and personal expenses while waiting for the proceedings.

Court intervention is minimal regarding personal disputes

Thai courts have a high standard in deciding which event initiates the need to intervene when it comes to family law matters.

Standards for determining child support

Both parties have the right to have a subpoena issued for acquiring bank records from their spouse’s employer and bank, which would result to having such document inspected and used as evidence in court. This does not apply to unknown and hidden accounts or other forms of income. Child support is awarded based on Thai standards with certain adjustments for large expenses such as international school fees.

Formal alternative ways to resolve disputes

Thai courts prioritize using the mediation process to sort out divorce cases. A lay-judge who is not assigned to the main case conducts the mediation for all cases. The court will regulate repeated mediated sessions until the case is resolved, or until such time that the court finds that an agreement is not possible will the case be set for trial.

 

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