If both parties agree to divorce then they can register a mutual consent divorce at the district office where they registered their marriage. This is the easiest option.
However, if there are disputes over property settlement or custody issues then the couple may need to file a contested divorce in Thailand. This will require the assistance of a lawyer.
Legal Grounds for Divorce
The legal grounds for divorce in Thailand are set out in section 1516 of the Civil and Commercial Code. One or both of the spouses can file a petition (only on one or more of the grounds) for the dissolution of the marriage. The court will decide on issues relating to division of marital property, custody of children and if necessary alimony settlements. The court may also assess and make a ruling on prenuptial agreements that have been made between the couple.
If both parties can agree on all matters pertaining to their marriage they can obtain an administrative divorce through their local district office (Khet or Amphur). This form of divorce is often referred to as a “quickie” divorce and it is quite straightforward if all documentation requirements are met. However, it is always preferable to obtain a Thai divorce through the courts rather than a district office, especially in cases involving foreign nationals who require a legalized document from a court for lawful recognition of their marriage elsewhere and/or to enforce their rights under that marriage in the future.
During divorce proceedings any assets that were acquired during the marriage are considered as community property and as such they will be divided equally (unless altered by a negotiated settlement or a prenuptial agreement). Debts incurred during the marriage will also be shared between both parties, again unless altered by a negotiated settlement or by a prenuptial agreement Thailand.
It is also possible to get a “contested” divorce in Thailand, which is essentially the same as getting a divorce through the courts except that it takes more time, money and physical appearances in court. A contested divorce usually occurs when both parties cannot come to an agreement on matters such as the division of assets, custody of children and/or alimony settlements. If the court rules on these issues then the decision will be final and binding.
Uncontested Divorce
As a rule, most couples that end their marriages in Thailand choose to get an uncontested divorce. It is the quickest and least expensive option. It also averts further conflict between the spouses and their families. However, a divorce lawyer should be consulted before proceeding with this type of case.
The legal grounds for a divorce can be found in section 1516 of the Commercial and Civil Code. A few of these include;
In the event that both parties agree to divorce they can file for an administrative divorce at their local district office. This is only possible if the couple has already reported their marriage in the amphur or at another amphur and if both spouses are in agreement on the terms of the divorce (mutual consent).
This type of divorce can be done without any court appearances. A Thai law firm such as Isaan lawyers International will help prepare a divorce agreement which must be signed by both parties and by two witnesses before the filing of the divorce at the amphur. This divorce agreement will also outline the division of property, spousal maintenance and child custody rights.
The process is usually faster and less expensive with a lower chance of a misunderstanding between the parties. It will also be a lot less emotionally taxing for both parties especially when children are involved. If there are issues that can’t be settled through an agreement, the case will then have to be contested and a judge will decide the matter. This can often take much longer than an uncontested divorce and may result in both parties losing something that was very important to them. Hence, it is important to have an experienced lawyer representing you in the court process. If you need any assistance with your Thai divorce, do not hesitate to contact us. Our team of dedicated and skilled attorneys will be happy to assist you.
