Filing of Divorce in Thailand

Divorce is a legal dissolution of Thailand marriage. If you and your spouse have agreed to divorce, there are several requirements that must be met before you can register a divorce at the district office.

The most important requirement is establishing the grounds for divorce. The grounds for divorce include adultery, separation and desertion for more than one year.

Grounds for Divorce

The divorce process in Thailand is complex and depends on the grounds for the divorce. There are 2 major grounds for divorce: Mutual Consent and Contested Divorce.

If both parties agree to divorce then the proceedings are normally straight forward and can be done at the District Office (Amphoe). This is called an administrative divorce. A contested divorce requires the approval of the Court.

The grounds for a contested divorce are based on violations of the laws of marriage, which could include adultery, domestic violence, drug addiction, mental insanity, or criminal acts such as robbery, murder, and burglary. It could also include one spouse’s incompetence or inability to provide for the household. Moreover, it could also include child abuse or abandonment and the refusal to comply with a court-ordered support award.

In terms of property division in a divorce, the law is quite clear: all assets and properties acquired during the marriage are considered joint-owned marital property and divided equally, while personal property remains with the individual. Moreover, any debts incurred during the marriage are to be shared equally between both spouses. If a couple has a prenuptial agreement then the terms of this agreement will be followed, otherwise the decision will be made by the court based on Thai law and individual circumstances. A negotiated settlement can alter the property division that would normally be determined by the law, but this is not guaranteed.

Mutual Consent Divorce

In a divorce by mutual consent, both parties agree to end the marriage. This is the most civilized way of terminating a marriage. The process is shorter, less expensive and less time consuming than a contested divorce. However, it is not without its own challenges. The spouses must be able to reach an agreement on issues like the division of marital or jointly owned assets, custody of children and if there will be any spousal support.

If both spouses can reach a mutual agreement on these issues they can file for divorce at the district office (Amphoe) where they were married. They do not need to provide a reason for the divorce. This is also known as an uncontested divorce.

The divorce will be registered in the Amphoe where both spouses live or at their birth district registration bureau. It can be completed within two hours if both spouses request the divorce at the same registration bureau. If they wish to register the divorce at different registration bureaus or at a Thai embassy or consulate abroad, it can take up to 3 – 6 months to complete the process as each of these registrations takes a different amount of time to process.

Contested Divorce

During contested divorce in Thailand, one spouse files for divorce from the other and this is usually the case when there is disagreement with regards to some aspects of their marriage. This type of divorce allows the filing party to prove that he or she has met the required grounds for divorce as set out in Thai law.

Some of the grounds for contested divorce in Thailand include: one spouse has committed adultery; one spouse has broken a bond of good behavior executed by him or her; one spouse has an incurable disease which is dangerous and may cause injury to the other; and, one spouse has suffered from a physical disadvantage so as to be permanently unable to cohabit with the other. It is important to consult with a lawyer before deciding to file for a contested divorce in Thailand.

Once the court issues its final judgment ordering the dissolution of a marriage, both parties can register the divorce by submitting the judgment to any district registration bureau or their nearest district office or embassy/consulate (in case of divorce registration at different registration bureaus). It is possible for both spouses to sign the divorce agreement together and it would be best if the agreement is signed by two witnesses. Bilingual divorce agreements are available for use, especially when a foreign couple is divorcing.

Filing for Divorce in Thailand

A divorce is a life changing event for couples. It has the potential to influence future relationships, emotions, and even long-term outcomes in terms of children, financial stability, career decisions, and parenting styles. For this reason, it is important to get expert assistance from professionals who have a strong understanding of Thai law and culture, and can help you achieve a successful outcome.

A couple can decide to end their marriage by mutual consent by filing a divorce before an Amphur or district office. They should be able to agree on issues such as property division, custody of children and whether or not alimony will be paid. If they are unable to come to an agreement, the court will resolve these issues for them based on Thai law.

The contested divorce process is typically longer and more expensive than the mutual consent divorce. In order to file a contested divorce, one of the spouses must have a valid reason for ending their marriage that is backed up by law. For example, the party could argue that their spouse committed adultery or caused them harm in some way.

Both parties must be physically present for a contested divorce to be registered at the Amphur or district office. This is different from the administrative divorce, where only one party needs to be present.

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