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Skillsmisse i Thailand – Divorce in thailand
Regelverk
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GROUNDS FOR DIVORCE
Thai law has several provisions on the grounds for divorce.
You may file for a divorce if your marriage has undergone any of the following circumstances:
1. a 3-year period of separation from your spouse
2. your spouse has deserted you for over one year
3. your spouse has taken another person as a spouse
4. your wife has committed adultery
5. your spouse is guilty of misconduct (criminal or otherwise)
6. your spouse has physically or mentally harmed you
7. you can prove a lack of maintenance and support during the marriage
8. your spouse has had incurable insanity for at least 3 years
9. your spouse has broken the bond of good behavior
10. your spouse has an incurable, communicable and dangerous disease
11. your spouse has a physical disadvantage which makes living together as husband and wife impossible.
Kilde:
http://www.siam-legal.com/legal_services/thailand-divorce.php
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THE DIVORCE PROCESS
If your marriage has been registered under Thai law, then divorce is permitted in two categories.
- One is divorce by mutual consent, which is possible only if it is uncontested, meaning you have no disputes over property or custody.
But if you have disagreements and one party may not be in Thailand at the moment, then you must proceed to the courts to file for the divorce for cause. However, both parties must be in Thailand during the set court date for the case.
The divorce process in Thailand usually takes around a year and all documents concerning the matter are translated into Thai. Once the divorce is granted, divorce certificates can be obtained from the district office where the divorce was filed.
Marriage outside of Thailand |
If you were married outside of Thailand, you can only divorce according to the laws of the country concerned. It is possible to file for divorce in Thailand but only under certain circumstances involve the laws in your country of marriage, no conflict with the law in Thailand, your residency and the grounds for your divorce.
How to Divide the Property
Normally, under Thai law, any property that either had at the time before marriage otherwise referred to as personal property, remains with that party even though without a Thai prenuptial agreement. Any properties that both parties accrued after marriage, which is termed, "conjugal property" will be shared on an equal basis upon divorce. The actual rules are naturally more complex and Thai courts will usually divide the property in accordance with the law as well as individual circumstances. It is highly recommended that you have a prenuptial agreement drafted before you decide to marry as this maybe useful in protecting your personal property as mentioned above.
Debts and Liabilities
Any debts and liabilities that were accrued after the registration of marriage will be shared by both parties.
Child Custody
In regards to child custody or guardianship of the child, any party in the divorce can mutually agree on the terms of arrangement. This should be made in writing and then registered with the Registrar who will record it on the Memorandum of the Marriage Certificate. In the event that both parties cannot come to a mutual agreement, either party may pursue the case in court seeking custody or the rights of guardianship of the child.
Maintenance
The basic principle is that spouses shall maintain and support each other according to his or her ability and condition in life. With that in mind, where the divorce is granted on the grounds of physical or mental health, the spouse affected on this ground may apply to the Court for authorization to live apart while the danger persists and in such cases, the court may order a certain amount of maintenance to be furnished by one of the spouses to the other depending on individual circumstances.
If one of the parties becomes insane, irrespective of whether he or she has been adjudged incompetent or not, and the other spouse fails to give proper maintenance to the insane spouse, a guardian may enter an action against the other claiming maintenance for the insane spouse, or apply for any order of the Court to protect the insane spouse.
In other words, the courts have a wide discretion whether to attach maintenance measures in divorces in Thailand.
How to Safeguard your Assets |
Prenuptial Agreement
As it is often said, this agreement will let you determine in advance how your assets and debts would be handled in the event of dissolution of marriage. If you end up needing your prenuptial agreement to be enforced by the court, it is wise to make the agreement reasonable from the beginning (and therefore enforceable). For example, a provision of reasonable support structure for your spouse in the event of a divorce. This agreement defines the support limit, terms, amount and duration. If you left it up to a court, you would have little control over any of the terms.
Lease or Usufruct Agreement
When a foreigner along with his/her Thai spouse purchases land in Thailand, the foreign spouse must appear at the Land Department to sign a declaration stating that the funds used for the purchase belongs entirely to the Thai spouse. Therefore, the land is not part of any settlement should there be subsequently a divorce. In order for the foreign spouse to safeguard this financial investment in the property, a lease or usufruct agreement should be prepared allowing him the right to reside on the land. A lease agreement can be made for 90 years (initial registration of 30 years at the Land Department with two renewal periods). A usufruct agreement will allow the foreign spouse the rights to occupy the property either for 30 years or his lifetime. Under these two agreements, the foreign spouse will have his name recorded on the back of the Land Title Deed.
Conclusion
A divorce in Thailand is very difficult, and the financial and emotional costs can be devastating. One of the best predictors of a better divorce outcome is the couple's knowledge and understanding of their options. Many people do not fully educate themselves prior to the proceedings; either because they don't want the divorce, they are hurt and overwhelmed, or that they believe that they understand what is expected. The result is that they often make decisions without fully understanding the consequences, including the potential damage that those decisions will have on their lives and the lives of their children.
Better planning will help couples better manage all aspects of their divorce in Thailand including the emotional, financial, spiritual, physical and legal aspects.
Siam Legal specializes in Family Law specifically Marriage and Divorce in Thailand, Prenuptial Agreements and Thai Will. This is aside from the inclusive legal services which our firm offers. Should you need legal assistance please feel free to contact us or visit us in one of our 8 offices for consultation. Our licensed Thai lawyers, foreign lawyers and solicitors are here to help you.
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Papirer som trenges for å skille seg i Thailand
Original documents required.
1. Foreign Passport
2. Thai ID card
3. House registration card
4. Both wedding certificates.
Photocopies required. 2 copies of each.
1. Foreign Passport data page
2. Foreign Passport page with latest entry visa.
3. Thai ID card (ensure this is an updated ID card with any name changes shown)
4. House card.
Two Witnesses are required (Umphur will unofficially arrange for a small payment)
On arrival the Umphur receptionist checked the documents and a form was completed, photocopies attached to form. A queue number was given.
Proceed to processing area and hand over documents. An official will call both parties and ask the reason for divorce and if any financial agreements are required. Once satisfied both parties understand they are being divorced the official will type up the divorce paperwork.
Wait to be called to the desk. The officer will talk the parties through the official paperwork. The officer, both parties and witnesses will sign the typed paperwork.
Then proceed to the senior officer who will closely inspect all paperwork ensuring all paperwork is in order before he and both parties sign the divorce certificates.
He then requested one of he parties took the written document to make 4 copies.
On return the senior official stamped the 4 photocopies and handed over 2 divorce certificates, 4 photocopies of the divorce paperwork plus passport, ID and house card.
No payment was required.
The process should take less than an hour If the Umphur is not busy.
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Skillsmisse på ambassade
Det er mulig å skille seg på ambassade.
Det som er problemet er å få disse papirene godkjent denne i Norge.
Grunn er at Norge ikke godtar denne typen for skillsmisse.Og mener at ambassaden ikke kan utføre skillsmisser.
Og derfor blir dette en lang prosses for å få papirene godkjent.Dette mener den Thailandske myndigheter at Norge ikke kan bestemme.
Altså er det en konflikt mellom den Norske stat og Thailandske myndigheter på dette spørsmålet.
Noen erfaringer
http://www.chiangmailaw.com/divorce.htm
http://www.thaiembassy.com/marriage/marriage.php
Advokat (lawyer) Thailand
http://www.hg.org/law-firms/Divorce/Thailand.html
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