Divorce Agreements in Thailand

Thailand Divorce Agreement is a contract entered into between divorcing couples who wish to settle their issues on marital property division and/or child custody before a divorce is granted to them. In some countries, this is also known as the settlement agreement. Aside from the settlement of issues on the sharing of child custody and marital property, the divorce agreement may also contain provisions on spousal support or alimony, and more importantly, child support.

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Purpose

The divorce agreement is a material representation the couple’s arrangement on rights and privileges which each of them will enjoy after the grant of the divorce. It provides for the arrangements on the sharing of child custody and marital property. It may also provide for the amount of spousal support or alimony, as well as the amount of child support that shall be delivered after divorce.

Since this agreement is signed by the parties and two witnesses, and registered at the amphur, it ascends to become a public instrument and becomes a piece of evidence that will prove the parties’ concurrence to vital after-marital issues, and thus may be brought to court for enforcement in case any provision is violated by one or both parties. It binds not just the divorcing couples but also their executors, administrators, assigns and heirs.

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Advantages

Having a document to materially represent the agreement of parties is very important. Thailand divorce agreement becomes a valuable piece of evidence which can be relied on if any of the terms is violated by the parties. The court will foremostly consider what is provided in the agreement as reflecting the intent and covenant of the couple.

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