Home » Divorce In Thailand

Divorce In Thailand

Administrative (Uncontested) and Judicial (Contested) Divorce in Thailand

Divorce is never an easy process, no matter where you live in the world. It can be very difficult both in terms of emotional and financial stress. Many people take such a decision without understanding the impacts it can bring. In spite of being a hard choice, the process of divorce in Thailand can be completed in the smooth manner if the couple has the right knowledge and understands their options properly.

DIVORCE IN THAILAND. THE LAW

The most important knowledge that both spouses must have prior to get into the process of divorce is the Commercial and Civil Code of Thailand.

Divorce in Thailand can take place in two ways: administrative divorce and judicial divorce. Both types of divorce are different in nature and have different requirements.

Administrative Divorce In Thailand

An administrative divorce, also known as an uncontested divorce, is suitable for couples who agree to divorce and meet one of the following requirements:

The marriage is registered in Thailand
The marriage is registered at the Royal Thai Embassy abroad
The marriage is registered in other countries but one of the spouses is Thai.

The main requirement for an administrative divorce in is that there must not be any disagreement between the spouses on any matter, including child custody and property. The spouses have to personally attend the district office for the divorce registration, and a lawyer cannot act on their behalf with this kind of divorce, even by the power of attorney.

It takes just one day to complete the process at the Registrar Offices who issue the certificate of the administrative divorce. Do note that most Registrar Offices require foreigners to translate and have legalised documents (at the ministry of foreign affairs) before being able to divorce by mutual consent.

Judicial Divorce In Thailand

A judicial divorce In Thailand, also known as a contested divorce, is suitable for couples who do not agree to divorce or cannot meet the requirements for an administrative divorce. A judicial divorce is conducted in court and requires a lawyer to represent each spouse.

The grounds for a judicial divorce in Thailand are as follows:

The grounds for divorce in Thailand are as follows:

Adultery committed by one spouse.
One spouse has deserted the other for over one year.
The husband has taken another woman as his wife.
A party has committed a misconduct.
A party has seriously insulted the other spouse or his/her ascendants.
A party has caused physical or emotional harm on the other.
The wife has committed adultery.
To be seriously ashamed.
To be insulted or hated on account of continuance of being husband or wife.
The husband has given maintenance to or honored such other woman.
The husband has been imprisoned for more than one year.
Separation for more than three years

It is mandatory for the spouses to mention the grounds for their divorce in order to get a divorce in Thailand. The grounds can be used as evidence for a divorce complaint to get accepted in the Thailand courts. The claimant must submit at least one of the twelve grounds for divorce to the court in order for the court to declare the couple as divorced.

At Isaan Lawyers, we try our best to get an agreement between the spouses. We know by experience that going to Court can be long, expensive and stressful.

If an agreement is impossible, you will have to go to Court. First, you will have to prove that you have a ground according to the law. A ground is a legal reason to divorce. You will find these grounds at article 1516 of the Commercial and Civil Code of Thailand.

Steps Required for Divorce

Administrative Divorce In Thailand

The requirements for an administrative divorce in Thailand are as follows:

The legal registration of the marriage in Thailand
The absence of disagreement between the spouses on any matter, including child custody and property

The documents required for an administrative divorce are as follows:

The two original marriage certificates
Copies of the passports of both spouses
Copies of the Thai national ID cards of both spouses
A copy of the house registration of both spouses

Judicial Divorce In Thailand

The steps required for a judicial divorce in Thailand are as follows:

Hire an experienced law firm such as Isaan lawyers International to represent you in court.
File a petition for divorce with the court.
Attend the court hearings.
If the court grants the divorce, the spouses must register the divorce with the district office.

In conclusion, divorce in Thailand can be either administrative or judicial. Administrative divorce is suitable for couples who agree to divorce and meet certain requirements, while judicial divorce is suitable for couples who do not agree to divorce or cannot meet the requirements for an administrative divorce. The steps required for each type of divorce are different, and it is important to consult with an experienced lawyer to ensure that the process is carried out correctly.

A typical contested divorce in Thailand usually takes about 4-6 months in Court. This is dependant on the Court centre and how busy it is. Where the parties reside and if summonses need to be sent Internationally.

We can help you to succeed in your divorce, we have been representing the position of expats and overseas nationals in and out of court since 2006 with great results.

Our experienced and dedicated Family Law attorneys have the advocacy and mediation skills together with a wealth of Court experience in order to represent the interests of our clients in and out of court. Our lawyers keep up to date with lawys and regulations by attending national and international conferences for continuous professional development in order to represent international clients to the fullest. Not many law firms continue their development this way however, we think it is important.

https://isaanlawyers.com/contact-us/