The divorce registration process is simple and easy. The couple can register the uncontested divorce at the district office (Khet or Amphur) where they registered their marriage.
A contested divorce is a court divorce where one party to the marriage is given recourse to go to the courts to end the marriage on grounds provided in Thai law. Your lawyer will help you identify the grounds for divorce.
Documents
Divorce in Thailand is a serious matter and must be handled properly. It is important to know what the process entails and what documents are required before filing. Contact an attorney to learn more about the divorce process in Thailand and what documents you need to file.
Generally, a couple can get a consensual divorce by registering it at the district office (Khet or Amphur) where they registered their marriage. Both parties have to agree on the issues like property division and child custody. It is best if you draw up a divorce settlement agreement with your spouse before going to the Amphur or Khet office.
However, if the two parties cannot reach an agreement on some issues then they have to file a contested divorce in court. In such cases, the petitioner/plaintiff has to prove at least one ground enumerated in Thai law for dissolving the marriage. The defendant/respondent has the right to defend himself against the allegations.
Fees
A divorce by mutual consent (also known as uncontested divorce) costs less as compared to a litigated divorce in Thailand. It is because it only requires that both spouses agree to end their marriage.
It is advisable for couples to register their divorce with the district office where they registered their marriage. However, this should only be done if the spouses have no disagreement on issues like property and children.
If the parties have disagreement on these issues, a court-litigated divorce should be filed instead. The cost of this is more expensive as it involves a trial and lawyers fees.
If the spouses are not able to agree on matters such as child custody and division of assets, they will have to file a contested divorce in Thailand. It is advisable for them to hire a family lawyer to help them file the case in court. This is because the process can be long and complicated.
Timeline
If both spouses agree on divorce they can go to the district office (Khet in Bangkok; Amphoe in the provinces) where their marriage is registered and register for a divorce without going through a court hearing. This is called an uncontested divorce.
Both parties will need to present the marriage certificate, their passports and Thai ID cards and fill out a form stating that they want to divorce. They will also need two witnesses to certify that the divorce is consensual. This will also include any agreement on property division, child custody and alimony.
If both parties do not agree on a divorce, they will need to file for a contested divorce in court. They will need to have a good reason for the divorce which is supported by evidences provided by them. This will require the assistance of a lawyer.
Lawyers
Divorce in Thailand can be completed with the help of experienced family lawyers. These lawyers will be able to help you with the various aspects of divorce such as property division, child custody and alimony settlements. It is important to choose a good lawyer for your case as they will be able to assist you with the entire process and ensure that everything goes smoothly.
There are two ways in which you can terminate your marriage under Thai law: either through mutual consent or by court order. Mutually consented divorces are generally easier to complete. However, if you have disagreements on issues such as property division or child custody then you will need to hire a contested divorce attorney.
A contested divorce in Thailand is normally more complicated and time-consuming. It can take up to a year or longer for it to be finalized. However, it is possible to resolve these issues through mediation. In this case, the spouses will need to sign a settlement agreement that will be approved by the judge.