Divorce in Thailand – Explained Further

The Thailand laws lay forward two ways to terminate a marriage. It can either be done by the mutual agreement or based on one of the legal grounds.

Contested Divorce in Thailand

Contested divorce can be chosen when one or both the spouses do not agree on all aspects of the separation. The aspects include custody rights, child support, and marital property.

Reasons to File for Contested Divorce

The main grounds to file for contested divorce are:

• 3 year period of voluntary separation
• One spouse has isolated the other for over one year
• The husband has married another woman
• The wife has committed adultery
• One spouse is guilty of misconduct (crime or other activity)
• One spouse has harmed the other (physically or mentally)
• Lack of support by a spouse
• One spouse has had incurable insanity for at least three years
• One spouse has seriously insulted the other
• One spouse has been imprisoned for more than one year
• One spouse has a dangerous disease
• One spouse has a physical disadvantage

Please note that this procedure is very expensive since you have to go to the court.
It is also worth mentioning here that the couples who did not register their marriage in Thailand also have to get divorced under this regime because any uncontested divorce will in some countries not be recognized or acknowledged. The contested divorce, however, is not open to all foreigners: or one of the spouses is Thai, or one has been residing or working in Thailand for a reasonable amount of time.

Uncontested Divorce in Thailand

An uncontested divorce in Thailand, contrary to contested divorce, is much cheaper and the procedure is very simple as well. The married couples do not have to give reasons why they want to separate. They just have to be present at the Amphur (local district) to express their mutual wish to end the marriage. Mostly, the people in Thailand opt for an uncontested divorce and settle their issues privately. However, this is not an option if the marriage is not registered in Thailand.

Required Documents

The documents may differ in each type of divorce. Following is the list of documents that you need to have them with you when you go to the court.

• Passport/ID & Marriage Certificate
• House Registration Certificate (for Thai Nationals only)
• Legalized copy of passport (Foreign nationals only)

Divorce Agreements in Thailand

A couple that wants to get separated, might want to validate the aspects that they agree on. A divorce agreement can contain provisions regarding child custody, marital property, alimony and/or child support. It has to be signed in the presence of two witnesses and registered at the Amphur.

The significance of a well-written contract is obvious and evident in each case. You need legal assistance to get the contract ready with all the aspects covered.

Need Help? Contact Us

If you need help with any document for the divorce, contact Sunbelt Asia Legal Advisors. We are a team of experienced lawyers and will help you in the process. Contact us now at (+66) 02-662-7004 to book a free consultation.