Divorce is possible if you both agree and can be registered at a government District office (Khet or Amphur). It could be recommended that you draw up a divorce settlement agreement with a lawyer before heading to the Khet.
Contested divorces require proving specific legal grounds under Section 1516 of the Thai Civil and Commercial Code. These include adultery, misconduct, and desertion.
1. Filing the Petition
If both parties agree to divorce, the couple can opt for an uncontested divorce. This type of divorce is easier, quicker and less expensive. The process can take a few months to one year to complete depending on the complexity of the case and how quickly the spouses can come to an agreement on all issues related to their divorce such as the division of assets, child custody in Thailand, alimony or joint-ventures.
If the couple cannot reach an agreement on all matters related to their divorce they can file a petition for a contested divorce. This requires both spouses to appear in person at the district office. The court will then evaluate the case and may issue a divorce judgment.
The court will also decide the division of assets and property, if necessary, based on the individual circumstances of each marriage. In a contested divorce the judge can also make decisions about parental rights and support for children.
The court can also determine which party is liable for any debts that were acquired during the marriage. It is important to note that Thailand is a community property jurisdiction so assets and property acquired during the marriage are considered to be community property (sin somros) while personal property (sin suan tua) remains owned by the individual. It is possible for the court to make an exception to this rule if a prenuptial agreement has been made and is not contrary to public order and morals.
2. Filing the Affidavit
Once the spouse who initiated the divorce has verified that the grounds are valid, the affidavit will be filed at the district office (amphur). Depending on the circumstances, the amphur may require the filing party to also bring a translator.
This step is necessary if the divorce is contested as it allows the other spouse to respond to the petition. The affidavit must clearly state the spouse’s name, address and signature. The spouse must also state whether the marriage has children or joint property. In addition, the spouse must state whether they want to receive alimony or maintenance.
If the spouses are both in agreement with all issues regarding their divorce, then they can opt for an administrative divorce rather than a court divorce. This is much cheaper and more straightforward but requires both spouses to be present at the amphur for registration. The spouses cannot be represented by a lawyer with this type of divorce.
If the spouses are not in agreement on some divorce-related issues, they can use alternative dispute resolution methods like mediation to reach a mutually acceptable solution. Using ADR is more cost-effective and quicker than litigation, and it is also less emotionally taxing. This option is especially beneficial if both parties are still working together and/or have children in common. However, it is essential to get legal advice to ensure that the disputed issues are legally resolved.
3. Filing the Notice of Hearing
If a couple is unable to come up with an agreement on their property division, the judge will set up a hearing to decide this issue. The court will review all of the evidence presented, and make a ruling. The court may award a specific percentage of the marital assets to one party, or it may divide the estate equally.
Regardless of the outcome, this process can take months or even years. During this time, the spouses are required to submit financial statements every month. In addition, the parties are expected to provide support for their children if necessary.
In Thailand, there are two ways to end a marriage: divorce by mutual consent or divorce by judgment of the court (saiban rikon). A contested divorce is where one spouse files for divorce and cites a reason from the ten legally defined grounds in section 1516 of the Thai Civil and Commercial Code.
A divorce by mutual consent is where both husband and wife agree to end the marriage. The spouses then register their divorce at the district office (“Khet” or “Amphur”) where their marriage was registered. The couple will need to present their marriage certificate, Thai ID, house registration certificate, and the foreigner’s passport. The registration bureau will then issue a divorce certificate to the couple. It is important that a couple consult with a family lawyer before registering their divorce at the district office.
4. Filing the Final Judgment
Divorce in Thailand can be a complicated process for many reasons, and it is important to have the right legal representation to help you navigate it. There are two different avenues for divorce in Thailand: a contested divorce and an administrative (uncontested) divorce. A contested divorce involves going through court proceedings, while an administrative divorce is easier and faster for couples who mutually agree to end their marriage and meet specific requirements.
If a couple agrees to an uncontested divorce they can register the divorce at the district office where they married. They must be physically present during the process. If they have children the courts will make decisions on custody and alimony. Couples may also choose to divide their assets based on their preference.
Aside from property division, there are other issues that can arise in a divorce case. For example, if a spouse committed adultery, the innocent party can request compensation from both their husband and their lover for the harm caused to them. Additionally, if a married couple has a child, the parents are obligated to provide for the child’s education, medical care, and general living expenses.
Finally, if an ex-spouse dies with financial debts from court judgments, those creditors must be paid before the estate can be distributed to the remaining heirs. It is always a good idea to have a family lawyer like TFL with you when you register your divorce.
