Divorce agreements are good to have. If your divorce in Thailand is by mutual agreement then the unopposed divorce or divorce by consent needs to have a divorce agreement. The agreement is normally drafted by a divorce lawyer in Thailand as even though the divorce is by consent the agreement needs to cover all the aspects of the family and property afterwards. This includes property rights, child custody and how the family will deal with each other later.
The divorce agreement once signed is easy to have processed at the local Amphurs office or district office in Thailand. There are no courts involved in a mutual consent divorce. Note that once the agreement has been drafted there needs to be two witnesses. Speak to an attorney about this as there are also requirements which the witnesses need to meet. In Thai law a deaf person as an example cannot be a witness to an agreement. Most times the attorney will provide the witnesses for you at the signing of the agreement.
With children in the agreement it can become complicated as Section 1520 of the Civil and Commercial Code states that there has to be a written agreement about parental control. Child custody needs to be settled in writing or it heads to court for litigation. Note that in the agreement the children are each listed separately as only one of the children might be yours and the others might be under the parental control of their father from a previous marriage. These situations do become very complex as you will need to show this in the agreement where parental control falls for each child.
Divorce Agreements in Thailand
Now note also the Section 1522 of the Civil and Commercial Code demands that there is also a written agreement on the maintenance for the child or children. How much, where and when also becomes important. Many expats leave Thailand after a divorce and their payments might be done twice yearly to keep the costs down or the ex-wife might get an ATM card from the country of residence of her ex-husband so she can draw the money each month at a local ATM in Thailand. These issues need to be settled as well.
Property is another important issue and in terms of Section 1532 this needs to be settled in the divorce agreement and this needs to be drafted as property at the date of the divorce being granted. If you are in the middle of selling a house that you may or may not be able to sell then it is best to either postpone the property sale till after the divorce or delay the divorce in order to sell the property first. Again you need to take legal advice in these matters. If your wife has a mortgage bond over a property then this also needs to be settled.
Having an uncontested divorce in Thailand is much simpler than litigation and also much cheaper. You can also leave Thailand much earlier and not have the need to return for any court proceedings where the cost of legal fees, airline fees and hotel stays add to the cost of the divorce. Speak to a family lawyer in Thailand today for more legal advice.