What
if my spouse is living overseas or refuses to appear in
court?
If
your spouse is not present or will not return to Thailand
to fight the divorce, you may still be able to proceed
provided that he or she has been given adequate notice
of the action. Service must be applied through a Thai
court if your spouse is not in Thailand and substitute
service, (such as by publication) may be allowed in certain
circumstance.
What
if I live abroad and want to file a divorce action against
my spouse who resides in Thailand?
If
the defendant has a legal residence in Thailand, you may
file for divorce in the Thai Courts.
What
if my spouse does not respond to the summons by the court?
After
filing with the Thai courts if your spouse does not appear
in court the divorce case may proceed based on default.
What
happens to my property?
The
Court will divide the property according to the law and
individual facts of the case. Thai law is a "community
property" jurisdiction. This means that income received
by either husband or wife during the marriage belong to
both parties equally. "Separate Property" is
property belonging to the parties before the marriage,
and, in general, does not belong to the marital estate.
The actual rules are more complex however.
What
about outstanding debts and liabilities?
Debts
that were incurred during the marriage, whether they be
household, medical, or educational, are, in general, the
responsibility of both parties.
What
if I have a prenuptial agreement?
In
order for a prenuptial agreement to be valid in regard
to a marriage registered in Thailand it had to have been
signed by both parties, as well as two witnesses, and
must have been previously submitted to the local district
office.
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