Thailand law Divorce. In Thailand Phuket, under the Civil and Commercial Code of Thailand (CCC), divorce may be made by mutual consent or by grounds for divorce which includes the fault or no-fault . This article gives you essential information about divorce by mutual consent.
Be noted that in case of parner (living together without legal marriage), their rights and duties in regard with property may apply by Co-ownership property law and when they want to separate they may need to make a separation agreement.
Divorce by Mutual Consent
Divorce by mutual consent must be made in writing and certified by the signatures of at least two witnesses (Section 1514 of CCC). The divorce paper (settlement agreement made by spouses) does not require the husband and wife to sign in the presence of witnesses (Supreme Court Judgment No. 151/2487). Also, the husband and wife are not required to sign the same copy of the divorce paper, it may be made two copies and the husband and wife may be signed the different copy (Supreme Court Judgment No. 1160/2494).
In case of the breach of devoice agreement and the marriages was made at oversea, when enforcement the divorce contract by court trial, the plaintiff needs to provide the court that the law of the country where the marriages was made is allow the couple marriage to divorce by mutual consent. The evidence may be advice letter from a lawyer to a lawyer such as.
“Dear Attorney Thongplod:
On behalf of (plaintiff name), I here advise you concerning State of Hawai‘i divorce law.
In the State of Hawaii it is legal for a married couple to get divorced by mutual consent based on irreconcilable differences. Hawaii Revised Statutes Chapter 580-41 “Divorce” subsection 580-41(1) (marriage irreconcilably broken).
Marriage and divorce are matters of state law, so there are not any federal divorce laws.
Law office LLLC”
Importantly, if the marriage had been made in Thailand, divorce by mutual consent is valid only by registration with the Family Department (Section 1515 of CCC). Basically, the spouse often enters into the divorce agreement and registers the devorce in front of the Family officer. However, in some cases the spouse makes the divorce paper themself and the divorce paper mentioned that the divorce will be registered with the Family Department later, in this case if one them refused to register the divorce as agreed, the other can sue for divorce registration, the prescription for this sue is 10 years (Supreme Court Judgment No. 610/2496 and No. 1820/2537).
However, if you haven’t married in Thailand, the divorce by mutual consent is valid when the divorce paper is signed, it doesn’t need to be registered with the family department (Supreme Court Judgment No. 1291/2500).
Anyway, although you are going to divorce by mutual consent, if you haven’t married in Thailand, the law of the country where you married must also allow you to divorce by Mutual Consent. (Supreme Court Judgment No. 5887/2533).
Condition of Validity
Keep this in mind, divorce by mutual consent is also subject to the condition of validity of contract. For example, divorce with the intention to avoid taxes or to evade debt is a deceptive intent, the divorce is not legally complete. (Supreme Court Judgment No. 3628/2524 and No. 5690/2552). It means the marriage and all rights and duties under Family law still apply to the spouse.
Interesting Precedent Cases
After the divorce paper was signed, the husband and wife are still living together as husband and wife, under this circumstance, it means the husband and wife don’t have real intention to divorce. Therefore, the divorce paper can’t be used for lawsuits and can’t request the court order for divorce registration (Supreme Court Judgment No. 388/2522).
After the divorce paper was signed but not before registering with the family department, if the husband and wife agreed to terminate the divorce paper, the divorce paper therefore can’t be used for lawsuits and can’t request the court order for divorce registration (Supreme Court Judgment No. 2898/2525).
If you are in need of a family lawyer, or for more information, we can help, just feel free to contact us at any time.