Divorce : Which Way Is Correct?

[seaeagle]

Two conflicting routes to divorce have been described to me. The person who has told me the 2nd option says that there are inherent risks in the 1st option. Read as follows:

Option 1:

Seems the most common. Where both parties agree the financial settlement, and any child custody, then have this 'Divorce Agreement' prepared by a lawyer. After that, it is registered at the Amphur, and recorded, and, basically, that is it.

This is the method as stated by a couple of lawyers in my province, and also on quite a few websites.

However..............................

Option 2:

I have a friend who's a judge in the provincial court. He says the above is dangerous, as once the divorce agreement has been registered, it can be changed in the future by either party. In particular, where custody of kids has been agreed, this could quite easily be revoked. In some cases, Thai authorities, such as immigration at ports, could refuse to accept the Divorce Agreement, as prepared by the lawyer and registered at the Amphur, thus stopping travel outside the country. Unbelievable!!

He says that both parties should first go to the court, essentially by-passing the lawyer stage, and record their settlement wishes there (only 1 day to do). After that, this court document is registered at the Amphur. The difference seems to be that this CANNOT be revoked in the future.

So, anybody got anything to say about this? Especially all our lawyer and legal members! Thanks.

[Mario2008]

Never heard of this. As far as I'm aware it is a contract and you can not change it without both parties consenting to it or through the courts.

Custody arranegments of children can always be changed if there is a reason for it.

But it is true that Immigration often want a court decision regarding the custody of cildren, and does not accepts a custody setlement done at the amphur for granting a 1 year extension of stay based on having a Thai child.

[seaeagle]

Never heard of this. As far as I'm aware it is a contract and you can not change it without both parties consenting to it or through the courts.

Custody arranegments of children can always be changed if there is a reason for it.

But it is true that Immigration often want a court decision regarding the custody of cildren, and does not accepts a custody setlement done at the amphur for granting a 1 year extension of stay based on having a Thai child.

Okay, thanks.

Interesting about the visa. Is that just for the "1 year extension", or for taking the child out through airport / seaport?

[Mario2008]

That is just for the extension of stay.

For leaving or entering with a child, since recently officially permission from the other parent is required as well as the birth certificate. In practise they hardly check and when they do the birth certificate is enough.

In addition, for a Thai passport both parents must sign, unless one parent has sole custody.