Consent judgment

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Glossaries

Term Definition
Consent judgment
This is a court divorce decree that adopts the spouses’ settlement (property, maintenance, custody, etc.). It’s a judgment, so it’s immediately enforceable through court execution if someone breaches. Thai courts actively encourage settlement and can even issue a consent judgment at/after mediation, including pre-filing mediation under Civil Procedure Code section 20 ter.

If you and your spouse already agree on everything before filing, you have two ways to memorialize it in Thailand:

  1. Amphur divorce: → fast and inexpensive, but enforcement is like a contract (your divorce Agreement), if breached, you generally need to sue to get a court order before you can enforce.
  2. Take it to court for a consent judgment (including via pre-filing mediation) → it is a bit more process, but you leave with an enforceable court decree and if one side defaults, the other can seek execution on the judgment without a new lawsuit.

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