If you and your partner have decided to separate, you need to file for a divorce in Chiang Mai, Thailand. Before you file, you need to work out all the details of your marriage. The Thai court will take the lead in deciding the custody of any children, child support, and individual property. It will also determine the ownership of community property. If you have children, you should discuss child custody and support with your spouse before you file.
Uncontested Divorce
If you want to file for an uncontested divorce in Chiang Mai, Thailand, you must first register for a divorce. You can go to your local District Office to get the forms. While you do not need to hire a lawyer, you can ask him or her to help you with the paperwork. You must be registered for a divorce in the same Amphur where you were born. Filing for a divorce in Chiang Mai requires you to use your maiden name, which is required by law for women. You must also make sure to have two (2) witnesses witness your documents. A divorce with no children can take as long as a year, and if you have children, it may even take longer than two years.
Prenuptial Agreement
If you are considering getting a divorce in Thailand, you may be wondering if a prenuptial agreement Thailand is necessary. This legal document is designed to help you avoid arguments about property and other assets in case of divorce. It also helps show who is entitled to manage certain properties during the Thailand marriage. Prenuptial agreements in Thailand may also allow one party to manage certain joint assets, a provision referred to in section 1476 of Thailand’s Civil and Commercial Code.
Petitioner’s Custodial Rights
If you are planning to file for a divorce in Chiang Mai, Thailand, you will need to understand how the Thai court will decide on the custodial rights of the Petitioner. A court in Thailand is not likely to grant sole custody to one party. The other party will be awarded support costs as well. It is imperative that the children have a safe place to live in Thailand.
Compensation in Case of Adultery
While Thai courts are notorious for their lack of understanding of divorce, the process is relatively simple, and if you do commit adultery in a Thai marriage, you will likely receive compensation. To file for divorce in Thailand, you will have to petition the court based on Section 1516 of the Thai Civil and Commercial Code. In addition, you must publicly allege that your spouse has been unfaithful. This can be as serious as having an extramarital affair, so if you are in this situation, you should get legal advice.