General Considerations for Divorce Agreements in Thailand

A divorce agreement, also known as a divorce settlement agreement, is a contract drawn between a divorcing couple that determines issues concerning the divorce such as: the division of shared property, child custody, visitation, alimony, and other marital issues. In general, in a court divorce case the parties may negotiate a settlement agreement rather than pursue a full-on court divorce and wait for and accept a court judgment. In an uncontested administrative divorce at the Khet or Amphur the persons divorcing may also enter into a divorce agreement and have it made part of the official record.

How Can a Divorce Agreement Be Used in Thailand?

In the event of a divorce, a divorce agreement is signed by both parties in front of witnesses, and then can be made part of the court record or administrative record in an uncontested divorce. In a court divorce, the judge will then normally issue a judgment that approves the divorce agreement. Once the document has been signed, witnessed, and made part of the official record, it can be relied on in the future to decide the outcome of possible disputes over issues mentioned in the settlement. However, in regard to certain issues, one party may allege a breach of the Agreement, or a “Change of Circumstances” that may require that the Agreement be modified or changed.