Filing of Divorce in Thailand

By in Family Law

Divorce is the legal termination of a marriage, and in Thailand, the process can be either straightforward or complex depending on the circumstances. This guide covers the types of divorce, legal requirements, procedures, costs, and considerations for foreigners seeking to file for divorce in Thailand.

1. Types of Divorce in Thailand

1.1 Uncontested Divorce (Administrative Divorce)

An uncontested divorce is the simplest form of divorce in Thailand. Both parties mutually agree to dissolve the marriage without litigation.

Key Features:

  • Requires mutual consent from both spouses.
  • No need for court intervention.
  • Handled at the local District Office (Amphur).
  • Quicker and less expensive.

Requirements:

  • Both parties must appear in person at the District Office.
  • Present original marriage certificate.
  • Submit identification documents (passport, Thai ID card).
  • Complete and sign the divorce application forms.

Pros:

  • Fast and cost-effective.
  • No need to prove grounds for divorce.
  • Ideal for couples without disputes over assets or child custody.

Cons:

  • Not available if one party refuses to consent.
  • Limited to marriages registered in Thailand.

1.2 Contested Divorce (Litigated Divorce)

A contested divorce is filed when one party does not agree to the divorce or disputes arise over asset division, child custody in Thailand, or other matters.

Key Features:

  • Requires filing a lawsuit in Thai Family Court.
  • The petitioner must prove valid grounds for divorce.
  • Can be lengthy and costly.

Grounds for Contested Divorce (Under Thai Civil and Commercial Code):

  • Adultery.
  • Misconduct or abuse.
  • Desertion for over one year.
  • Failure to provide support.
  • One spouse suffers from incurable insanity for at least three years.
  • Separation for over three years.
  • Imprisonment for one year or more.

Pros:

  • Provides legal resolution when mutual consent is not possible.
  • Ensures fair division of assets and custody arrangements.

Cons:

  • Time-consuming and expensive.
  • Emotional stress due to litigation.

2. Legal Requirements for Filing Divorce

2.1 Eligibility

  • Either spouse can initiate the divorce.
  • Foreigners can file for divorce in Thailand if the marriage was registered in Thailand or if they meet residency requirements.

2.2 Required Documents

  • Original marriage certificate.
  • Identification documents (passports, Thai ID cards).
  • Proof of residency (if applicable).
  • Evidence supporting grounds for divorce (for contested cases).

2.3 Legal Representation

  • While not mandatory, hiring a Thai family lawyer is recommended, especially for contested divorces.

3. Step-by-Step Process for Divorce in Thailand

3.1 Uncontested Divorce Process

  1. Agreement to Divorce: Both parties agree to dissolve the marriage.
  2. Visit District Office: Both parties must appear at the Amphur where the marriage was registered.
  3. Submit Documents: Provide marriage certificate, identification, and completed forms.
  4. Sign Divorce Agreement: Both parties sign the divorce agreement in front of the registrar.
  5. Receive Divorce Certificate: The District Office issues a divorce certificate.

3.2 Contested Divorce Process

  1. File a Petition: One spouse files a divorce petition at the Thai Family Court.
  2. Serve the Petition: The petition is served to the other spouse.
  3. Court Hearings: Both parties present their case, evidence, and witnesses.
  4. Court Judgment: The judge issues a ruling on the divorce, asset division, and custody.
  5. Appeal (if needed): Either party can appeal the court’s decision.
  6. Register the Divorce: After the final judgment, the divorce must be registered at the District Office.

4. Asset Division in Divorce

4.1 Marital Property (Sin Somros)

  • Includes assets acquired during the marriage.
  • Divided equally between both parties upon divorce.

4.2 Personal Property (Sin Suan Tua)

  • Includes assets owned before marriage.
  • Inheritances or gifts received during the marriage.
  • Remains with the original owner after divorce.

4.3 Key Considerations

  • Prenuptial agreements are recognized under Thai law and can influence asset division.
  • Business assets, real estate, and financial accounts are evaluated during divorce proceedings.

5. Child Custody and Support

5.1 Child Custody Laws in Thailand

  • Custody decisions prioritize the child’s best interests.
  • Both parents typically share custody unless deemed unfit.

5.2 Types of Custody

  • Sole Custody: One parent has full legal and physical custody.
  • Joint Custody: Both parents share custody responsibilities.

5.3 Child Support

  • Determined by the court based on the child’s needs and parents’ financial capabilities.
  • Non-custodial parents are often required to provide financial support.

6. Costs of Divorce in Thailand

6.1 Uncontested Divorce Costs

  • Government fee: THB 50 to THB 200.
  • Legal fees (if hiring a lawyer): THB 10,000 to THB 30,000.

6.2 Contested Divorce Costs

  • Court fees: Approximately 2% of the claim value.
  • Legal fees: THB 50,000 to THB 300,000 (depending on complexity).
  • Additional costs for expert witnesses, appraisals, and translations.

7. Foreigners Filing Divorce in Thailand

7.1 Jurisdiction

  • Foreigners can file for divorce in Thailand if the marriage was registered in Thailand.
  • Residency in Thailand may be required for contested divorces.

7.2 Recognizing Thai Divorces Abroad

  • Thai divorce certificates are generally recognized internationally.
  • Additional legalization or translation may be required for certain countries.

8. Challenges and Risks in Divorce

  • Language barriers for foreigners.
  • Disputes over asset division and child custody.
  • Lengthy court processes for contested divorces.
  • Ensuring recognition of Thai divorce in foreign jurisdictions.

9. Tips for a Smooth Divorce Process

  • Hire a Qualified Lawyer: Essential for contested divorces.
  • Prepare Documents: Ensure all required documents are in order.
  • Negotiate Amicably: Aim for mutual agreements to avoid lengthy court battles.
  • Understand Thai Law: Familiarize yourself with local divorce laws and procedures.

10. Conclusion

Filing for divorce in Thailand involves understanding the legal framework, preparing necessary documents, and following the appropriate procedures. While uncontested divorces offer a quick and affordable solution, contested divorces require legal intervention and careful consideration. Foreigners should be aware of jurisdictional issues and seek professional legal assistance to ensure a smooth and fair divorce process in Thailand.

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