how much are divorce lawyer fees in thailand

Full Answer

How long does it take to get a divorce in Thailand?

This takes too long because Bangkok area has a lot of family case that we need to wait for availability of court schedule. But if your case can fill outside of Bangkok, the case will take only around 6 months – 1 year. The process can be very easy if you can reach an agreement with your spouse.

How much does it cost to hire a Thai lawyer?

There are no binding legal fee tables in Thailand. You and the lawyer agree on rates on a case by case basis. by the hour (in case of a work load that can’t be predicted, like complex criminal law cases) To start, rates at the lower end range from 1,500 baht to 5,000 baht per hour. These rates are for routine work or to talk with a lawyer.

What percentage of divorce cases in Thailand are adultery?

Answer: 90% of the Divorce Case we handle with Thai is adultery. So, we know what is the court’s perspective in order to win the case. I do worry that my spouse will transfer the property during the case, what should I do? Answer: Once you file the case, you can also file for 2 more applications.

Is same-sex divorce legal in Thailand?

Same-sex or gay marriages are not legal in Thailand, however, it is important to note that there is no law in Thailand expressly stating that same-sex divorces are not allowed. The Thai Courts most probably won’t recognize same-sex marriage, therefore it is unlikely for the same-sex divorce procedure to be initiated.

How much is a lawyer fee in Thailand?

To start, rates at the lower end range from 1,500 baht to 5,000 baht per hour. These rates are for routine work or to talk with a lawyer. Large firms and boutique lawyers who handle commercial cases often price their lawyers in the range of 10,000 baht to 16,000 baht.

How long does divorce take in Thailand?

You can make it in one day. However, if you have to go to Court, it can take from few months (6 months to 1 year normally to get a judgment) to many years (in case of appeals or if you have to execute the judgment, example, to sell a property in order to get your part of the marital asset).

Is it easy to get divorced in Thailand?

Under Thai law, a divorce can be affected by mutual consent or by the judgment of the Court. Divorces made by mutual consent must be in writing and certified by the signatures of at least two witnesses. The divorce statement must contain the terms of the divorce and file at the place where the marriage is registered.

Can foreigners get divorced in Thailand?

For marriages that have not been registered in Thailand, the parties will have to file a divorce in Thai court. To file the divorce pleading to the Thai court, the filing party has to prove one of following grounds including one year abandonment, three year separation, adultery or grave misconduct.

How common is divorce in Thailand?

The divorce rate in Thailand has jumped over the decade, from 27% in 2006 to 39% in 2016. More than a third of Thai couples who registered their marriage in 2016 filed for divorce in Thailand during that same year.

Do I have to go to Thailand to divorce my Thai wife?

Do both the parties need to be present in Thailand for getting a divorce? Since administrative divorce takes place in a district office in Thailand, therefore it is necessary for both the spouses to be present in Thailand to sign and attest to the divorce registration.

Is adultery a crime in Thailand?

Sadly, for those who “play away from home”, adultery in Thailand comes with legal penalties. In fact, Thai law is very keen on protecting the sanctity of wedding vows and goes a step further to discourage infidelity by punishing adulterers with hefty fines and other penalties.

Is there alimony in Thailand?

Spousal Support in Thailand Spousal support is not mandatory in Thailand. There is no law which obligates the giving of spousal support, or one which dictates the amount to be given after the divorce is granted.

How do you get a marriage annulled in Thailand?

In order for a marriage to be declared void in Thailand, a court must issue an order declaring that the marriage is void based on one of the relevant provisions in the Code. An important distinction is to be made between a "void marriage" and a "voidable marriage".

Do you have to divorce in the country you were married?

Basically, no foreign court is going to question if the decree passed by an Indian court on a matter of divorce of a couple married in India is invalid. The divorce decree needs to be recognized in the foreign country if the couple jointly owns property in that country.

Can Filipino file divorce in Thailand?

If your marriage is registered in another country, you may still be able to get divorced in Thailand. In order to do so, the country where you were married must recognize divorces (there are countries, like the Philippines, that do not), and at least one spouse must be a legal resident in Thailand.

Can a husband file for divorce?

The husband has a right to file a petition for divorce with or without mutual consent. For the latter, the grounds for filing remain the same as that for a wife. These include cruelty, desertion, conversion, adultery, disease, mental disorder, renunciation and presumption of death.

What issues do divorced couples need to settle?

There are issues on marriage that the divorcing couple needs to settle such as child custody, division of marital property, provisions on spousal support or alimony, and child support.

What is a settlement agreement in Siam?

At Siam Attorney, we are experts in Divorce agreement or settlement agreement serves as the legal arrangement on rights and privileges of each partner after the divorce has been granted.

What are the aspects of a Thai divorce?

If both of you can agree in all detail such as divorce, Thai divorce have a lot of aspects such as division of assets, children support and custody.

Why is it important to know what kind of divorce you are getting?

It is also significant for you to identify what type of divorce you want to get as it will help the lawyer to give you the best outcome for your problem.

Why is court intervention necessary?

The court’s intervention is necessary to put an end to the marriage and the existing issues. Before filling the case, you must know what ground you need to present to the court. You can read or find the ground from here : Grounds for Divorce in Thailand.

How many witnesses are needed for divorce?

Divorce Agreement is signed by two parties in front of two witnesses, and registered at the local register office. In case any provision has been violated by one or by both parties, it may be brought to court for enforcement. The court will make sure the covenant of the couple in the agreement will be administered. 3.

How long does it take to get a judgment?

You can make it in one day. However, if you have to go to Court, it can take from few months (6 months to 1 year normally to get a judgment) to many years (in case of appeals or if you have to execute the judgment, example, to sell a property in order to get your part of the marital asset). 6. I lost my case!

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What do expat firms do?

General expat firms help expats with anything from prenups to incorporating businesses.

Why do law firms check?

Large law firms check to make sure they don’t know the person suing you. You might have to ask smaller law firms to check as they might not always do it. Illegal or Unethical Suggestions. If your lawyer suggests an illegal or unethical tactic, take it as a sign that your lawyer has no regard for the law.

What to do if you are unhappy with your lawyer?

If you’re unhappy with your lawyer, you can switch to a new lawyer at any time. Law firms deal with this professionally.

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Law firms differ based on language skills, ethics and values, legal skills, business processes, how they communicate, and the rates they charge.

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A lawyer performs depending on how much you prepare for and understand your case. If you prepare yourself, you can work more efficiently with skillful lawyers.

What is a catch all firm?

Catch-all firms offer small companies anything from accounting to incorporating services, work permit help, and even help with Last Will of Testaments.

What is the process of uncontested divorce in Thailand?

Process for the Uncontested Divorce: Uncontested Divorce is applicable if one of the couple does not consent to divorce. Thus, The Petitioner or the party who wants to file for a divorce needs to file proceeding at Thai family court and choose a Ground for Divorce.

How to file for divorce in Thailand?

If yes, and the divorce is Uncontested, then the couple could proceed to that district office and file for a divorce. If the place of marriage is outside Thailand and was not reported in Thailand, you need to report first the marriage registration at the district office in Thailand. Marriage certificate will be required and it needs to be written in Thai. So if the marriage certificate issued is in foreign language, it needs to be translated to Thai. The translated Thai marriage certificate needs to be legalized at the Ministry of Foreign Affairs in order to affirm that it is true and correct translation. Only in the event that the marriage has been reported to the Amphur where the Thai party lives would it be allowed to register divorce at the same district office.

What documents are needed for intercultural marriage in Thailand?

The divorcing Thai and foreigner needs to file a divorce at a district office. Civil documents will be required such as marriage certificate (in Thai), Thai ID card, house registration.

What are the grounds for divorce in Thailand?

The following are the accepted Grounds for divorce under Thai law: 1 adultery 2 misconduct (be it a criminal offense or not)#N#causing the other spouse to be:#N#(a) seriously ashamed;#N#(b) insulted or hated for being the spouse of the person committing the act;#N#(c) excessive trouble or injury 3 serious harm or torture caused to the body or mind of one spouse by the other, or seriously insulting the other’s ascendants 4 desertion more than 1 year 5 one party being imprisoned for one year or more, w/o the knowledge, consent or participation of the other party 6 separation for more than 3 years 7 one spouse disappeared or has left his or her domicile (residence) for 3 years and the other spouse does not know if he or she is dead or alive 8 failure to give proper maintenance and support 9 Insanity of one party 10 broken the bond of good behavior 11 suffering from a communicable and dangerous disease that is incurable and may cause injury to the other 12 physical disadvantage that would cause permanently unable to cohabit as husband or wife

What is mutual consent in divorce?

Divorce by mutual consent means both spouses agree and seek for the dissolution of marriage. The husband and the wife willingly end their marriage. For an Uncontested Divorce, the couple just need to register their divorce at the District Office where they marriage registration was held, or at least at the Register Office ...

What is a court approved settlement?

Court-approved settlement. If the couple agreed to divorce however there are issues to settle such as division of marital assets, child custody, spousal and child support , visitation rights, court settlement needs to be seek. The court will decide and issue an order about the settlement which is directly enforceable.

What is the definition of insanity?

Insanity of one party. broken the bond of good behavior. suffering from a communicable and dangerous disease that is incurable and may cause injury to the other. physical disadvantage that would cause permanently unable to cohabit as husband or wife.