Divorce American Style

Source:
http://www.stickmanweekly.com/ReadersSubmissions2009/reader4911.htm


Divorce Thailand - Divorcing under Thai Law - Family and Marriage

 http://www.thailawonline.com/en/family/divorce-in-thailand/how-to-divorce.html

Grounds for Divorce in Thailand : Defences

Certain defences may be raised when opposing a divorce. These defences are noted in the following statues in Thai law. The relevant subsections listed below are the most common used defences when getting divorced. speak to a divorce lawyer in Bangkok or a divorce lawyer in Pattaya or anywhere in Thailand if you are in the middle of a complex divorce as the legal system for defended divorces in Thailand is complex, costly and may take 2-3 years to reach its end. Always seek alternative options to a defended divorce if you have a prenuptial agreement in Thailand or there are child custody issues or a voidable marriage.

Section 1517: Divorce Defences in Thailand

Section 1516 (1) and (2) No action for divorce in Thailand may be instituted by the husband or wife, as the case may be if such spouse has consented to or connived at the acts under Section 1516 (1) and (2) upon which the action for divorce is based. This section takes away the grounds for divorce based on consent. As an example of the grounds for divorce in Thailand Section 1516 (1) and (2) would not be applicable if for example John and Lek are swingers in Thailand. Neither John nor Lek could apply for a divorce based on the other having sexual liaisons with one of their swinging partners during a night out swinging.

Section 1516 (10) If the ground of action for divorce in Thailand is under Section 1516 (10) has resulted from the act of the other spouse, the action for divorce based upon such ground may not be instituted by such other spouse. With reference to this subsection you are not able to use it as grounds for divorce in Thailand if the physical disadvantage was caused by your own actions or inaction.

Section 1516 (8)

Where the action for divorce in Thailand is based upon the ground under section 1516 (8) has been instituted, the Court may not pronounce judgment to effect the divorce if the behaviour of the husband or wife that causes the bond to have been executed is a minor cause or of no importance in relation to peaceful cohabitation as husband and wife. This simply spells out that you may not use a frivols excuse as a reason for your divorce in Thailand. Good behaviour has a wide definition and as such the court would frown on and deny a divorce application in Thailand on such bases.

Section 1518: Divorce Defences in Thailand
If there was ever a broad stoke of the brush for divorce in Thailand, this must be it. Under this section governing the divorce laws in Thailand the right to institute an action for divorce would be terminated if the spouse entitled thereto has committed any act showing his or her forgiveness to the act done by the other that has caused the right to institute the action for divorce. Raising this section or defeating any attempt to use this section would require expert legal advice for your divorce in Thailand.

Section 1529: Divorce Defences in Thailand Defending a divorce in Thailand can be complex. Rights of action based upon any of the grounds provided in Section 1516 (1), (2), (3) or (6), or Section 1523 for a divorce in Thailand are extinguished after one year when the fact which can be alleged by the claimant has been known or should have been known to him or her. Grounds upon which a claim for divorce can no longer be based may still be proved in support of another claim for divorce based upon other grounds. Hence grounds for divorce in Thailand have time limits. As explained above, those time limits are based on one year after the act or breach being known or should have been known. Those grounds are therefore not usable or applicable after a year. Making application for a divorce in Thailand is a very complex legal process and can cost you more than you think if you don’t have the appropriate legal assistance. Your divorce in Thailand will be conducted in Thai. What might look like a simple divorce in Thailand could become a costly affair as you might not speak or even read Thai. Always find a reputable law firm in Thailand when you have reached the end of your marriage and are thinking of applying for a divorce in Thailand.
 

Ground for Divorce in Thailand

If one party will not agree to a divorce by mutual consent then you need to file with the courts for a divorce. In order to proceed with a divorce in this instance you will need to assert grounds for divorce and make personal appearance in court. Grounds for divorce in Thailand include the following circumstances:

1. a 3-year period of separation
   
2. One spouse has deserted the other for over one year
   
3. The husband has taken another woman as his wife
   
4. The wife has committed adultery
   
5. One spouse is guilty of misconduct (criminal or otherwise)
   
6. One spouse has physically or mentally harmed the other
   
7. Lack of Maintenance and Support
   
8. One spouse has had incurable insanity for at least 3 years
   
9. One spouse has broken the bond of good behavior
   
10. One spouse has an incurable, communicable and dangerous disease
    
11. One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife.

 

Prenuptial Agreements forms

http://blanker.org/files/premarrital-agreement-sample-1.doc 

http://blanker.org/files/premarrital-agreement-sample-2.doc

http://blanker.org/files/premarrital-agreement-sample-3.doc



Premarital Agreement is binding legal contract between you and the one you intend to marry. Among the purposes people have in wanting such written agreements is to try to ensure that their assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of them, go to their children in the event of death, and to work out arrangements for matters that may become problems after the marriage. For some, it is a smart and practical way to acknowledge the fact that nearly half of all marriages end in divorce.

Pre-marital agreements usually determine how property will be distributed when the marriage terminates either because of death of one spouse or divorce. Property may refer to property either partner is bringing into the marriage and property either partner accumulates during the marriage. Property may be real estate or personal property. Personal property includes tangible property such as vehicles, jewelry, and furniture; and intangible property such as stocks, bonds, bank accounts, and pensions.

If the premarital agreement is valid, the court will enforce these property agreements when the marriage is terminated. For example, if the agreement specifies that property, and its accumlated value, that the wife inherited from her father is to remain her separate property, the husband would have no right to any of the property at divorce or at the wife's death.

Premarital Agreements about personal items, such as church affiliation or who does household tasks, may be in the agreement but are legally unenforceable. For example, if the agreement says each spouse will do one-half of the food shopping, prepare one-half of the meals, and wash one-half of the dishes, a judge will not order either spouse to cook and wash dishes. However, even though not enforceable by the court, discussing personal items and putting them in writing is often useful to the couple, because it gives them the chance to consider the nature of their relationship.

Premarital Agreements about the support or custody of children of the marriage, if the marriage ends in divorce, are also unenforceable. These are rights that belong to the child. At divorce, child-support decisions are based on the incomes of both parents. Custody decisions are made on the basis of what is in the best interest of the child.

Thailand Prenuptial Agreement - contract template