Divorce, while emotionally taxing, can be a straightforward legal process when both parties understand their rights and follow the appropriate procedures. In Thailand, divorce is governed by the Thai Civil and Commercial Code, and it can be either contested or uncontested. Knowing the steps involved in filing for divorce can make the process smoother and help protect your rights and interests. Below is a comprehensive guide on the steps in filing for divorce in Thailand.
1. Understanding the Types of Divorce in Thailand
Before initiating the process, it’s important to understand that there are two main types of divorce in Thailand:
a. Uncontested Divorce (Administrative Divorce)
This type of divorce occurs when both spouses agree to end the marriage and mutually agree on the terms, such as child custody, division of property, and alimony. It is usually faster and less expensive.
b. Contested Divorce (Judicial Divorce)
A contested divorce is filed in court and typically involves disputes over issues like asset division, child custody, or spousal support. This type requires legal grounds and takes longer due to court proceedings.
2. Confirm Eligibility to File for Divorce in Thailand
Not everyone can file for divorce in Thailand. At least one of the following conditions must be met:
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The marriage registered in Thailand.
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One or both spouses are Thai nationals or legal residents of Thailand.
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The couple meets the legal grounds for divorce under Thai law (for judicial divorces).
Foreigners who were married in Thailand or are married to a Thai national can also file for divorce in Thai courts, provided that the marriage was legally registered.
3. Gather the Necessary Documents
Whether it is an administrative or contested divorce, the following documents are generally required:
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Original Marriage Certificate (and a Thai-language copy)
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National ID cards or Passports of both spouses
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House registration document (Tabien Baan)
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Birth certificates of any children (if applicable)
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Agreement on divorce terms (for uncontested divorces)
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Evidence supporting the grounds for divorce (for contested divorces)
All foreign documents must be translated into Thai and certified by the Thai Ministry of Foreign Affairs.
4. Filing for an Uncontested Divorce (Administrative Divorce)
Step 1: Mutual Agreement
Both parties must agree to end the marriage and agree on terms such as:
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Division of property and debts
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Child custody and visitation rights
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Alimony or financial support
If there is no disagreement, this process is usually efficient and stress-free.
Step 2: Visit the Local District Office (Amphur)
Go to the local district office (also known as the Amphur or Khet in Bangkok) where the marriage was registered or where either spouse is domiciled. Both parties must be physically present to file for the divorce.
Step 3: Submit Documents
Submit all required documents including your marriage certificate, identification, and any written agreements between both parties.
Step 4: Divorce Registration
The registrar will review the documents and confirm the mutual consent. Once satisfied, the registrar will register the divorce. A divorce certificate will then be issued, which officially ends the marriage.
5. Filing for a Contested Divorce (Judicial Divorce)
If the spouses cannot reach an agreement or if one spouse refuses to divorce, a court case must be filed.
Step 1: Determine Legal Grounds for Divorce
Under Thai law, valid grounds for contested divorce include:
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Adultery
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Desertion for over one year
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Physical or mental abuse
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Failure to support the spouse
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Living separately for over three years
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Mutual incompatibility
You must present evidence supporting your claim.
Step 2: Hire a Lawyer
Because court procedures and legal arguments are involved, it is highly advisable to hire a Thai family lawyer. They can help draft the petition, file the case, and represent you in court.
Step 3: File a Petition in the Family Court
Your lawyer will file a divorce petition at the local Family Court. The court will then issue a summons to the other spouse, who must respond within a specified time frame.
Step 4: Court Hearings
Both parties will be required to attend court hearings. Each side will present their case, including evidence and witnesses if necessary. The court may also call for mediation before proceeding with the case.
Step 5: Court Verdict
After reviewing all evidence and testimonies, the judge will decide whether to grant the divorce. If granted, the court will specify the terms regarding asset division, custody, and support.
Step 6: Register the Divorce Verdict
Once the court issues its verdict, the divorce must be registered at the local district office to make it legally binding. This step is necessary to obtain a divorce certificate.
6. Post-Divorce Considerations
a. Child Custody
The court or the district office will determine custody arrangements. Thailand typically allows for either sole or joint custody, depending on the child’s best interests.
b. Division of Property
Marital property (assets acquired during the marriage) is typically divided equally, but personal or pre-marital assets remain with the original owner unless otherwise agreed.
c. Alimony and Support
If one spouse was financially dependent, the court may award alimony. Child support is often calculated based on the non-custodial parent’s income.
d. Name Change
Women who took their husband’s surname may choose to revert to their maiden name. This can be done at the local district office.
7. Special Notes for Foreigners
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Foreigners may need to report the divorce to their home country’s embassy or consulate.
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If the marriage took place abroad, the Thai court may not recognize it unless it was also registered in Thailand.
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Divorce certificates and judgments may need to be translated and legalized for use outside Thailand.
Conclusion
Filing for divorce in Thailand can be relatively straightforward when both parties agree to the terms. However, when disagreements arise, the process becomes more complex and requires legal intervention. Understanding the different types of divorce, the legal grounds, and the proper procedures can save time, reduce conflict, and protect your rights. Whether you are Thai or a foreign national, consulting a qualified lawyer can ensure that you navigate the process correctly and with the least amount of stress possible.