In Thailand, you can get a divorce if the marriage was legally registered at a district office (“Khet” in Bangkok or “Amphur” outside of Bangkok). There are two types: an administrative divorce and a judicial divorce.
Normally, any property acquired during the marriage is considered marital property while personal property remains with the individual. In addition, any common debts incurred shall be shared by the couple.
Legal Requirements
In Thailand, there are two types of divorce: contested and uncontested. In a contested divorce, both parties must file a petition with the Court identifying their reasons for wanting to end the marriage and requesting the Court to divide up the marital property, order child custody and visitation rights, and/or award alimony. It is important to have an experienced attorney by your side to guide you through this process and ensure that all of your rights are protected.
If both parties want to get a divorce with mutual consent they must file the divorce with the district office (Amphur or Khet). Both spouses must be present in person to sign and give their consent for registration of the divorce. Generally, the divorce procedure at the district office is less expensive and quicker than a court divorce. In this type of divorce the couple can also make a divorce settlement agreement which can include their terms for the division of their property, alimony and other issues they may want to resolve.
Filing for Divorce
Getting a divorce in Thailand can be a complex and lengthy process. It is normally best to retain an experienced lawyer who is familiar with Thai law to represent you in this matter.
If both parties are in agreement to end the marriage, an administrative divorce can be filed at the District office (Khet in Bangkok; Amphoe in the provinces) where the marriage is originally registered. A pre-prepared divorce settlement agreement can be attached to the registration and this will make the process much shorter, cheaper and simpler for both parties.
If you and your spouse are not in agreement to end the marriage, then a contested divorce will have to be filed at Court. There are a number of issues that need to be sorted out in a contested divorce including division of property, spousal support and child custody. A good family lawyer like TFL can help you prepare the proper documentation to file your case at Court.
Mediation
The aim of mediation is to assist a couple in reaching a settlement that they both feel comfortable with. The process is usually shorter, cheaper and less stressful than going to court. Our experienced Thailand conciliation lawyers are available to help you mediate your case and ensure that any agreement is legally binding.
In Thailand, the rights of spouses to divorce are governed by the Commercial and Civil Code. Couples may opt for an administrative divorce or a judicial divorce depending on their requirements.
An administrative divorce is suitable for couples who agree to end their marriage and meet certain requirements. It can be completed in a matter of one day at the district office. If you wish to file an administrative divorce you will need to mention your grounds for divorce as specified in the law. These grounds include:
Trial
In cases where the parties cannot agree to a settlement in mediation, the matter will be tried in court. The court will decide the issues based on the evidence presented. During the trial, the spouses will be required to provide testimony and to present witnesses. The court will also rule on issues such as alimony and the division of assets and property.
In some cases, the court may allow the plaintiff to withdraw a contested divorce action and file an uncontested divorce action. This is especially common in situations where the grounds for divorce have been met but one spouse is not amenable to ending the marriage.
Once the unopposed divorce is completed it will need to be registered at the amphur office. The registration process usually requires both spouses to be physically present in the amphur office. Foreigners will be asked to bring a translated copy of their passport and two (2) witnesses. This is to verify their identity and the authenticity of the documents.