This article will continue from the previous one, following the aftermath of divorce. Besides the termination of the marital relationship, there are other consequences that need to be considered before making the decision to divorce. These include :
Divorce by mutual consent.
Divorce by mutual consent will take effect from the time of registering the divorce. Property division will be handled according to what exists at the time of registration, not at the time of agreement to divorce because at the time of the agreement, the couple is still legally married. If there is no prior agreement on how to divide the property, the law mandates an equal division.
The consequences for children after divorce.
Custody of children
The law stipulates that married couples can agree on who will have custody of which child by making a written agreement specifying the custodial parent(s). However, if there is no prior agreement or an agreement cannot be reached, the court must decide, considering the best interests of the child. Even if an agreement has been made or the court has decided, if circumstances change later on, the court has the power to change the custodial parent, prioritizing the happiness and welfare of the child. In case of such changes, the matter can be brought before the court either through a lawsuit or a petition for modification, with or without dispute. The change of custodial parent can only be granted by the court, even if initially it resulted from an agreement or a court order. Once registered alongside the divorce decree, any subsequent desire to change the custodial parent requires a court petition, as agreements alone are not sufficient.
Childcare or child custody.
Even if one party, such as the mother, is the primary caregiver and has custody, the other party, whether it be the father or the non-custodial parent, still has a legal obligation to contribute to childcare expenses. The law grants the child the right to claim childcare expenses from both parents.
Visitation rights or access rights to children.
The parental status does not terminate along with the divorce. Therefore, the non-custodial parent, typically the mother, has the right to contact their child as deemed appropriate given the circumstances. The other party cannot prevent contact without justifiable reasons. Since the right to contact the child stems from the family relationship, grandparents, uncles, aunts, or other close relatives also have the right to contact their grandchildren.
The consequences of divorce by court judgment.
The consequences of divorce by court judgment take effect from the time the judgment is finalized. However, if the spouses wish to present the divorce to external parties, they must go through the process of registering the divorce. According to Section 16 of the Family Registration Act B.E. 2478, it is not necessary for both spouses to go in person; one party can submit a certified copy of the final judgment to the registrar and request the registrar to record the divorce in the register. The choice of title can be made according to personal preference, as stipulated in Section 6 of the Title Act B.E. 2551.
The financial consequences.
The division of marital property and debt will be based on the assets and liabilities existing up to the date of filing for divorce.
Compensation
If the cause of the divorce is due to the fault of one spouse, and the divorce leaves the other spouse financially disadvantaged because they do not have sufficient income from property or from employment they had during the marriage, the disadvantaged spouse may request alimony. The court can determine the amount of alimony based on the ability of the payer and the needs of the recipient. Alimony payments are a form of compensation for the wrongdoing of the spouse at fault.
Alimony
If the reason for the divorce is the fault of one spouse, and this divorce leads the other spouse to suffer financial hardship because they lack sufficient income from assets or from employment they had during the marriage, the disadvantaged spouse may request alimony. The court can determine the amount of alimony based on the ability of the payer and the needs of the recipient. This alimony payment serves as a form of penalty against the spouse at fault.
And if the divorce is due to circumstances beyond control or due to a severe infectious disease, the other spouse must provide alimony to the spouse affected by the circumstances or the infectious disease. This alimony payment is based on ethical principles.
The impact on children after divorce.
Parental authority
The court will be the one to decide, considering the welfare of the child as paramount without necessarily considering the outcome of the case. This is because, according to the law, even though one spouse may be at fault, they could still be a capable parent. The court can make decisions even if not requested by the plaintiff, and it’s not considered excessive adjudication beyond the request. Similarly to divorce by mutual consent, if circumstances change, the court may change the custodial parent, either through a lawsuit or a petition.
Child custody and support
The law mandates that the court determines which party is responsible for providing child custody and support, as well as the amount. Even if not requested by the plaintiff, the court can issue a judgment within the scope of the request. Additionally, even if parental authority is revoked, it does not release the parent from the responsibility of child support. Child support can be paid in monetary form or in other forms. The right to receive child support cannot be waived or transferred, and it is not subject to enforcement proceedings.
Visitation rights
It’s the same as with divorce by mutual consent. That is, the spouse who is not the custodial parent can rightfully maintain contact with their child according to the circumstances. The other party cannot prevent contact without justifiable reasons. Since the right to contact the child stems from the family relationship, grandparents, uncles, aunts, or other close relatives also have the right to contact their grandchildren.