What You Should Know About Divorce Settlement in Thailand 您應該知道的泰國離婚協議
When getting divorce in Thailand, part of the process is to draft divorce settlement. Generally, divorce settlement contains provisions in relation to the terms of sharing assets, child, custody, support, visitation rights, alimony, and other important matters.
Divorce settlement should be signed by both parties in the presence of two witnesses. Such witness can be Thai or foreigners, but must be over 20 years or older, with a sound of mind and have never been bankrupt before. According to Supreme Court No. 417/2494, the two witnesses are not required to be present at the same time; however, they must acknowledge who and what document they have signed.
Furthermore, divorce settlement can be used as court record or administrative record for either the court to order the divorce or the amphur to register the divorce. It helps preventing any future dispute arising between the divorce parties. Please be noted that both parties have to attend the district office personally for the divorce registration. Lawyers cannot act on behalf of the spouses for this kind of divorce even by power of attorney. According to Supreme Court No. 215/2519, even if both parties have entered into a divorce settlement with two witnesses, it will not take effect as deemed to be completed if it is not registered at district office.
此外，離婚協議可以用作法院記錄或行政記錄，供法院下令離婚或在縣政府登記離婚。離婚協議有助於防止離婚的雙方未來發生任何糾紛。請注意，雙方必須親自到縣辦公室辦理離婚登記。即使有授權書，律師也不能代表配偶處理這種離婚。根據最高法院第 215/2519 號，即使雙方已經與兩名證人簽署離婚協議，如果沒有在縣辦公室登記，協議也不會完成生效。
In addition, according to Section 1453 of Thai Marriage Law, female whose marriage is terminated, or spouse passes way, she has to wait for 310 days before getting married again. This period is to prevent child from previous marriage being born during the second marriage, which may lead of confusion of the biological father of the child.
In the case of a prenuptial agreement, the terms/conditions the parties agree in the divorce settlement should also be consistent with the prenuptial clauses previously agreed upon, unless both parties have agreed to a different arrangement from the prenuptial agreement.
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