No one gets married expecting a divorce but sometimes things change to a point that the marriage can no longer be salvaged. If both parties agree to a divorce then they can get an uncontested divorce which is normally less costly and quicker than a contested divorce.
Both Thai and foreigners can register an uncontested divorce at the district office where they registered their marriage. A couple will need to present civil documents including the marriage certificate, Thai national ID, house registration and foreigner’s passport.
1. Filing the Petition
When married couples in Thailand want to end their marriages, they may request for an administrative divorce at the district offices. This is a simpler procedure than a court divorce.
Depending on the grounds for divorce, the Thai court will make rulings on the division of property, child custody and alimony settlements. A contested divorce takes much longer and is more expensive than a divorce by mutual consent. It is best to consult with a lawyer for guidance.
2. Filing the Summons
Generally, a judicial divorce is required for couples who can’t agree on property division or other issues related to their marriage. A judge will decide on these matters for the couple based on Thai law and individual circumstances.
In a contested divorce, the Plaintiff together with his or her Thai family lawyer must submit pleadings to the court. Court fees are charged at 2% of the claim and there is also a Court Delivery fee for delivering the summons to the Respondent.
3. Serving the Summons
In divorce by mutual consent (an uncontested or administrative divorce process) a couple can agree on their own terms like division of assets, custody of children and whether alimony will be paid. This form of divorce is filed at the local amphur and can be faster and less expensive.
Marital property is divided equally between spouses while personal property remains to the individual. However, any unresolved issues will be decided by the court based on Thai laws and individual circumstances.
4. Filing the Petition for Divorce
Divorce is a hard choice for any couple. However, if you choose to end your marriage in Thailand with the help of an experienced divorce lawyer, it can be completed quickly and without much stress.
You can register an administrative divorce at any District office (Khet or Amphur) in Thailand if both parties agree and have lawful grounds for divorce. Obtaining a court divorce is more complicated. There are many legal requirements to satisfy. It also takes more time and money.
5. Filing the Petition for Child Custody
In Thailand, parental power is normally granted to the mother unless and until the father establishes his legal paternity. However, the father can also apply for custody of the child.
If you and your spouse agree to divorce, an administrative divorce registration can be registered at the district office. However, if you disagree on issues like child custody or property division then a contested divorce will be necessary.
Contested divorce in Thailand can only be filed when one of the following grounds is met: 1. One of the spouses has committed adultery or regular intercourse with another person and has honored someone else as husband or wife.
6. Filing the Petition for Alimony
Alimony (or maintenance) is required under Thai law in certain circumstances. This support is usually based on the needs of the spouse seeking financial support.
It is important to obtain legal advice before you register your divorce in Thailand. You need to ensure that you have all the necessary documents to qualify for an uncontested divorce. Also, it is important to know if your spouse will receive alimony while the divorce proceedings are underway. This will be to cover living expenses until the final divorce settlement is made.
7. Filing the Petition for Property Division
A contested divorce allows the parties to go to court to end their marriage. This can be done if there is any ground that is applicable under Thai law such as disagreements on child custody or property division.
The couple must agree to this form of divorce and they must both personally attend the district office for the divorce registration. This type of divorce can be very time consuming and expensive. It is best if both parties consult with a Thailand family lawyer before proceeding.
8. Filing the Petition for Dissolution of Marriage
If you are seeking a divorce in Thailand there are several options available to you. The first option is to consider a separation agreement or post-nuptial contract.
A contested divorce in Thailand is a court divorce where one party has recourse to the court to end the marriage on grounds provided by Thai law. The couple must register the administrative divorce at a local district office and both spouses need to be present for the registration. This kind of divorce is not recognised in countries where the spouses are from.