Filing of Divorce in Thailand

Filing of Divorce in Thailand

If both spouses want to end their marriage the first step is to report the Marriage registration at the district office. Then a petition can be filed for divorce citing one of the grounds under Thai law.

The procedure for an administrative divorce at the local Amphur will be much shorter, cheaper and simpler than a contested divorce. However, both parties must be present in person at the Amphur to register their divorce.

Grounds for Divorce

Unlike some other countries, Thailand does not have a no-fault divorce. A divorce can only be granted by the court if one of the grounds for divorce is met and proven to the satisfaction of the judge. The grounds for divorce are listed in Section 1516 of the Thai Civil and Commercial Code.

A contested divorce can be much more complicated and expensive to resolve, particularly if there are disputes between the couple regarding property division, custody of children and/or alimony. It is important to have a lawyer in Thailand familiar with the divorce laws and process to protect your interests.

For foreigners, a divorce from your Thai spouse can also affect your visa status and citizenship, which is why you should always get proper legal advice before getting a divorce in Thailand. You should also ensure that your prenuptial agreement is valid and enforceable in Thailand. In addition, you should also know if your divorce will be recognized in other jurisdictions.

Mutual Consent Divorce

The process of getting a divorce in Thailand with mutual consent is fast, inexpensive and relatively simple. It is a good option for couples who agree on the division of assets and personal property as well as custody of children. This type of divorce does not require a court hearing and can be completed within one day.

A divorce by mutual consent can be registered at the district office (Khet in Bangkok or Amphoe in provinces) where the original marriage registration took place. The district officer will record the details of the marriage and issue a divorce certificate. A pre-prepared agreement on child custody, alimony and division of property can be attached to the divorce certificate.

For a foreign party, this document can be translated and legalized by the Ministry of Foreign Affairs in order to use it for purposes such as registration at a foreign embassy or for immigration purposes. The divorce certificate will need to be signed by the parties in their presence and certified by two witnesses.

Contested Divorce

A contested divorce is where couples are unable to reach an amicable agreement on issues such as sharing of marital properties or custody of children. In such cases, a couple should file a petition with the court to have their case heard by a judge.

When a couple files for divorce, the court will schedule a hearing to evaluate their case and make a ruling based on Thailand law. The court will determine matters such as alimony, property division and child custody in accordance with the laws of Thailand.

Upon the court’s ruling, spouses must register their divorce at the district office (Khet in Bangkok; Amphoe in the province) where they registered their marriage. Civil documents, such as a marriage certificate, Thai ID card or house registration and a passport of the foreigner, will need to be presented at this time. Two witnesses will also need to be present to witness the signing of the divorce documents.

Final Judgment

After the court has ruled on your divorce case, it will register your Thai divorce at the local district office (known as Amphur).

The registration process usually takes only one day. Depending on the complexity of your divorce it can take longer.

During the registration process your attorney will ensure that all documentation is correct and in order. If there are any problems, the registration will be delayed. Once the registration is complete you will receive a certified copy of your Thai divorce judgment. This document will be valid for a period of 30 days from the date that it was read in court. In the event that you would like to change your title back from Mrs. to Miss, you will have to visit the Amphur where your name was registered in your house registration. You will also need to provide proof of your marriage. This includes a certified copy of your original marriage certificate, your translated Thai divorce judgment and 2 witnesses.

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