Getting Divorced in Thailand

Getting Divorced in Thailand

Getting Divorced in Thailand

Getting divorced in Thailand is straight forward unless there is a property dispute or a dispute relating to the children. This is where you need a divorce lawyer as the process will become complex. If both parties agree that they wish to divorce then they simply need to file the forms at the local government office. If there are children there a forms which need to be filled in with the application for a divorce. No courts are needed when both parties agree on settlement however when property is involved or children more often than not they end up on the court role. The justice system in Thailand is slow and complex and it is best to have an attorney with you as the proceedings will be in Thai.

 

If you are not in Thailand and your wife has petitioned the court you can file your objection from outside Thailand however you will need to appear in court when called to do so. Speak to one of our divorce lawyers as how to best deal with your divorce and how the division of property would normally occur. If you have a prenuptial agreement you will also need this during the divorce proceedings. Speak to one of our lawyers online, in person or via our toll-free US or UK telephone numbers.

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Moving to Thailand – Thailand Imports

When you retire in Thailand you are allowed to bring in your personal effects from your home country. There are time limits to bring in your goods duty free.  Retirement starts with good arrangements and assistance. The following list is from Thai Customs and the procedures are listed for importing your goods. If you are not certain how to arrange this speak to one of our attorneys who will be able to assist you while we apply for your retirement visa. Personal Effects refer to items clearly identifiable as personal use, such as clothes, shoes, books, etc. These items at the time of his/her entry into the Kingdom of Thailand are exempted from customs duties. However, such items do not include automobiles, weapons and ammunition, and food items. If not certain speak to the lawyers who did your retirement visa application as they normally know how to bring in your goods duty free within 6 months after your visa has been issued.

Personal effects not granted exemption from payment of customs duty

Pets. Pets brought into the Kingdom of Thailand are not exempted from customs duties. A permit must be granted from the Livestock Department prior to the date of entry.

Food. Any person wishing to bring food items into the Kingdom of Thailand must obtain a permit from the Food and Drug Administration, Ministry of Public Health.

Weapons. A permit must be granted from the Department of Provincial Administration.

Automobiles. A permit must be granted from the Commerce Ministry and the Department of Industrial Works, Ministry of Industry.

Household Effects refer to other properties not considered personal effects and which were in the owner’s possession prior to his/her change of residence, such as televisions, refrigerators, air conditioners, household decorations, etc., which have been previously used. In the case of individuals entering the Kingdom of Thailand, only one unit each of such item is eligible for tax and duty free allowance. In the case of a family change of residence, two units each of the items will be allowed to bring in tax and duty free. Items may be imported free of tax. Any excess unit shall be subject to regular taxes and are charged according to the most highly priced unit or the unit subject to duties the highest tax rate respectively.

Items must arrive in the Kingdom of Thailand not more than one month prior to the owner’s arrival or not more than 6 months after his/her arrival and/of the necessary permits are obtained.

Documentation
1. Passport
2. Bill of Lading or Airway Bill
3. Invoice (if any)
4. Delivery Order
5. Inventory or purchase document
6. Customs Permit (if items shipped by air)
7. Identity Card (in the case of personal items)
8. Proof of Change of Residence
8.1 Foreigners must have documentary proof of having received permission to work or reside in Thailand for not less than 1 year. This includes a work permit from the Department of Employment, Labor Ministry, of a visa from the Immigration Department.

8.2 Thai nationals must present proof of having lived abroad for a period of not less than one year.
9. If you are unable to complete these customs procedures yourself, you must provide a letter of proxy appointing someone else to act on your behalf.

Clearance Procedures

1. The importer/agent submits documents for inspection at the Customs Department/port of entry.
2. Customs officials complete importation forms, determine eligibility, and assess duties, if any.
3. Importation forms are returned to the importer bringing goods into the country, who then takes them to be recorded and pay customs duties, if any.
4. Importer/Agent Collects Items from the port of entry.

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Having children in Thailand

Having children in Thailand Many expats in Thailand tend to wonder what the status of their children will be if they marry a Thai. Does the child become a Thai citizen and how does the  birth registration work. Even if you are not married to the child’s mother the child will receive Thai citizenship. The birth is normally registered at the district office where the child was born. For most expats this would be the district where the hospital is located. The hospital will provide you with a birth certificate when your child is born. Speak to a local lawyer in Thailand if you need to arrange dual nationality for your child born in Thailand.

Your wife or girlfriend will take the birth certificate and her ID card and tabian baan – house registration certificate and a copy of your passport to register the birth. A good example has been provided by a hospital in Phuket with regards to birth registration in Thailand.  If the baby is born at Vachira Phuket Hospital or Bangkok Phuket Hospital, which are both located in Phuket City, the baby’s birth must be registered with Phuket City Municipality.

If the baby is born at Phuket International Hospital, the birth must be registered at the Muang District Office, and if the baby is born in Patong, the birth must be registered with Patong Municipality. Some hospitals, such as Phuket International Hospital, offer a service to register the baby’s birth automatically so the parents only need to prepare the related documents and the process will be completed by the hospital’s staff. The private hospitals usually offer an all in one service which makes it much easier as they do all the paperwork and legwork for you. Speak to an attorney if you are not certain how to register your baby in Thailand or for the purposes of your embassy in Thailand.

If you are needing assistance with registering a child born abroad then contact us at Siam Legal for assistance with your embassy and the Thai government to ensure that you child has dual nationality.

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