Legal Problem Regarding the Results of Divorce by Mutual Consent.

Abstract

The purposes of this research to 1. study legal problems regarding the results of divorce by mutual consent under the principles of family law in Thailand, and 2. investigate and give suggestions for the law amendment, regarding the results of divorce by mutual consent in Thailand. The information of this research collected from foreign and domestic family law’s document and specialists in the area of family law, such as code of law, thesis, article and the Supreme Court’s judgment. The information was analyzed from the comparison of foreign law and domestic law. The research found that the divorce by mutual consent in Thailand can be effective only registered spouse under the Civil and Commercial Code. The divorce process by mutual consent must be made in writing and certified with the signature of at least two witnesses, and it must be registered with the relevant authorities or a registrar. The Civil and Commercial Code is not effective for a spouse who is unregistered marriage or marriage under foreign law. The type of marriage does not have to sign a divorce certificate publicly before the registrar. The spouse makes a divorce letter, and it must be made in writing and certified with the signature of at least two witnesses. The divorce letter must be kept by both sides to finish the process. The divorce by mutual consent of the spouse may affect interested parties. The interested parties do not have a chance to recognize marriage termination of the spouse because the divorce process does not have a registrar or relevant authorities. The comparison between the foreign law and Thai law regarding divorce by mutual consent, the foreign law operates with clear procedure on divorce by mutual consent. The process of foreign law must operate under the Court’s procedure, and the marriage termination will be obviously effective on the date of judgement by the Court. As a result, to handle with the problems from results of the divorce, Thai family Law should consider the amendment to the Civil and Commercial Code on divorce by mutual consent of a spouse who is registered and unregistered marriage, in order to have obviousness on the law enforcement relating to the divorce in Thailand further.