Filing a divorce in Thailand can be complex for both foreigners and Thai nationals. Understanding how the process works and preparing accurate documents (including a prenuptial agreement reviewed by a lawyer) can help streamline things.
This article will discuss the filing of a mutual consent divorce at the Amphur (district office). For contested divorces, which require legal proceedings, representation by a Thai family law attorney is recommended.
Grounds for Divorce
In one sense, Thailand does allow for a “No-Fault” divorce but in another it requires that the grounds for divorce be established. The law covers a range of reasons but it must be proven that the grounds meet a legal requirement under Section 1516 of the Thai Civil and Commercial Code for a divorce to be granted.
In general, married couples who register their marriages in Thailand and both spouses agree to a divorce can register an administrative divorce at the local amphur office. This is a much cheaper option and does not require any arguments about assets, child custody, or alimony.
However, if you have disagreements about the terms of the divorce (whether to split assets, how to raise the children and/or alimony) then the court will need to hear your case and issue a judgment. This process can take several months or even years.
For a contested divorce, spouses must submit supporting documentation including evidence and testimonies. The court will then schedule mediation and hearings to review the evidence, hear testimonies and provide a judgement on divorce terms. The court’s order will be sent to the couple who must comply with it or face legal penalties. The court may also provide a written statement explaining the reason for its ruling.
Mutual Consent Divorce
If both spouses are in agreement to end their marriage, it is possible for them to file for an administrative divorce without going through a court process. In this type of divorce, both parties appear in person at the district office (amphur) where they registered their marriage. They will need to present identification documents and their marriage certificate. The couple will also need to sign a declaration that they are in agreement to dissolve their marriage. They will then receive a divorce certificate on the same day.
The couple should be clear about their terms of asset division, custody and alimony in a written mutual consent agreement which will need to be validated by witnesses. This will ensure that there are no disagreements when it comes time to register the divorce with the amphur.
It is advisable for expats to get these agreements in writing so that they can be sure that all aspects of their Thai divorce are covered. This is especially important if they have children or other dependents. It is best to use a professional translation service so that the contract is both clear and legally binding.
Note that this type of divorce can only be filed for couples who married in Thailand. If they married outside of the country, they will need to go through the court system.
Contested Divorce
When both spouses are willing to end the marriage, they can file for mutually consented divorce in Thailand. This type of divorce is much simpler and usually less expensive than a contested divorce.
During the divorce process, the couple will need to agree on terms for the division of assets, custody of children (if any), and spousal support. The court will resolve these issues based on Thai law. For example, the court will divide all the marital property – including assets and debts – equally between the spouses. Only the assets acquired during the marriage are considered marital property; personal property remains with the individual.
The court will also decide on child custody based on the best interests of the child. In cases of joint custody, the court will consider several factors, such as the child’s age, health, and emotional bonds with both parents. Spousal support is based on the court’s assessment of each spouse’s financial situation.
For a contested divorce, the filing spouse must prove that there is reason for dissolving the marriage based on one of the grounds specified in Section 1516 of the Thai Civil and Commercial Code. For example, the spouse can file for a contested divorce if the other spouse committed adultery or serious misconduct that caused insult or physical harm. They can also file for a contested divorce if there is a disagreement on assets and custody of children.
Child Custody
When it comes to divorce, issues like child custody in Thailand and spousal support will arise. The family court judge in Thailand will carefully examine both your financial situation and that of your spouse when deciding these matters. If you earn significantly more than your spouse, then he or she may decide to award you alimony.
The judge in a Thai court will also take into consideration the best interests of your children when determining child custody arrangements. A child’s relationship with siblings and extended family members, as well as his or her preference (if he or she is of age to express one) will be taken into account. The judge will try to help you and your spouse reach an agreement through mediation, but if an agreement cannot be reached, then the matter will go to trial.
It is important to note that the court decision on child custody will be documented in a court order and must be complied with. Failure to do so can result in legal penalties. Therefore, it is always wise to consult with a Thai family lawyer to make sure that your rights are protected during this difficult time.