Divorce Lawyer Pattaya

. Divorce agreement, divorce litigations. Judicial conciliation. Family Court Chonburi
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Divorce Lawyer - Divorce Litigations - Divorce by Mutual Consent - Divorce Agreements Registration
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The Social Lawyers Co., Ltd.

             
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  MARRYING AND DIVORCING IN THAILAND
 Divorce and Marriage Divorce and Marriage
I will love you forever but...
How to protect yourself and your children in case of separation.
 
1) what are the various forms of divorce in Thailand? 
2) What can the obligations of the parents be in case of separation? 
3) Can foreigners adopt Thai children? 


1) Forms of divorce.
 First of all it is necessary to distinguish between two main types of divorce:
Consensual and Non-Consensual. Consensual divorce means that both spouses agree to divorce,  Non-Consensual  divorce means that one of the two spouses does not agree to divorce.
In the first case the Thai legislation deeply differs from the western law.   In Thailand in fact, in case the two spouses agree, it won't be necessary to appear in front of a judge. Consensual divorces can be quickly obtained and registered at the local municipality even if the couple has produced offspring - with no children you can literally be divorced in half an hour! Even though this certainly represents the fastest and easiest way, a petition to obtain consensual divorce can also be presented to the Family Court. 
judicial consensual divorce could be, in fact, necessary in particular cases such as, for example, the need to register the Thai act abroad. Some European countries (Italy for example), against any logic and common sense, do not accept divorces registered at the  municipality of the country of origin, despite the fact that, here,  these acts are considered and certified as perfect, and demand a proper sentence from a court of justice. Fortunately this is not the case of the French Embassy.
 
Things become much more complicated in case of disagreement between spouses. In this case it will be necessary to present the case exclusively at the competent family court. The trial can last from a minimum of six months to several years, depending on various circumstances. Furthermore, believe it or not, in some cases litigious-divorces can simply be denied! 
My professional advice is, therefore, to always try to negotiate a consensual divorce before embarking in the rough waters of a litigation, especially in case the couple has produced children.
 
2) Parent obligations.
In Thailand parent obligations are very similar to the ones enforced  in Europe or in other western countries with one very relevant difference:  terms of divorce and obligations toward children can be totally agreed by the parents and registered in the act of divorce at the municipality. Nevertheless this kind of agreement, unlike a judicial sentence, is easily impugnable by both spouses in case one of the two should not respect in full the terms of the agreement or in case circumstances should change.
In such cases the court will first try a "conciliation" summoning both parents even several times, then judge according to what they deem reasonable and best for the children. Usually both parents are obliged to participate in accordance with their incomes, social position, etc. 
I would like to remind all foreign nationals that to "run away" from obligations toward children is never a solution and can easily configure a serious crime, punishable everywhere. 
 
3) Adoptions. Can foreign nationals adopt children?
In theory we can lightly answer this final question with the famous Obama's first campaign slogan: "yes you can!"...but in real life things are, to say the least, very difficult in this field. 
A couple who wants to adopt a Thai child from abroad, must firstly be compulsorily married and then has to obtain  an "international adoption certificate " in their own country. In this case only orphans guested in public or recognized structures can be adopted. If the couple lives in Thailand and one of the two is a Thai citizen, things are relatively simpler. The couple must be married and both potential adoptive parents must be at least 15 years older then the child. Differently than in Europe they can, in theory, be both ultra-centenarian (more then 100 years old) following the wise Thai principle that older is better, 
which is, among many others, very much one of the reasons that makes me love this country!
                    A Pre Nuptial Agreement
              will avoid many future problems in case of divorce.

                   Divorce Lawyer Thailand