Divorce is a major life event with significant legal and social implications. A divorce involves critical issues such as the custody of children, alimony, and division of assets.
It is possible for couples who are legally married in Thailand to register an uncontested divorce at any district office (Amphoe). There are, however, certain requirements that must be met.
There are two types of divorce in Thailand, contested and uncontested. An uncontested divorce is when both parties agree on a settlement. This agreement usually covers important terms such as marital assets, alimony, child custody and other matters that could affect their relationship in the future. This makes the process at the district office easier.
A couple who has agreed on the above issues can file for an administrative divorce at their local district office (Amphoe). This is the most common type of divorce in Thailand as it is simple and less expensive. It can be filed in the country where the marriage was registered or at the office of the Amphoe where either spouse lives.
However, this type of divorce may not be appropriate for every case. For example, if there is no mutual consent on important issues such as property division or alimony then a contested divorce is needed. This will require both parties to attend the hearing and present their agreement in person. It is therefore best to seek legal advice if you need help with filing for divorce or responding to a divorce petition in Thailand. A divorce attorney can assist you with the entire process and ensure that your rights are protected. They can also provide guidance based on the different grounds for divorce in Thailand, including adultery and cruelty.
A couple can obtain a divorce in Thailand if they have mutual consent and agree on the terms of the divorce, including division of assets, custody of children, and alimony (if applicable). Couples who choose to get an uncontested divorce typically avoid the lengthy court proceedings that are often required in contested divorces.
The process is simple and affordable if the spouses are prepared and have agreed on their choice of grounds for divorce. It is also possible to use alternative dispute resolution methods such as mediation, which may be less adversarial and more cost-effective. For foreign spouses, it can be particularly helpful to hire a Thai-speaking lawyer for translation and legal representation.
In order to file an uncontested divorce, the married couple must submit a written declaration of their intention and present their identification documents (such as a valid passport and a house registration document called Tabien Baan). Couples can obtain a divorce at the same amphur where they registered their marriage or in an amphur different from where they did so.
When the married couple have filed their uncontested divorce, they can bring their final court judgment ordering the divorce with a certification of accuracy to any district registration bureau or the nearest district office or embassy/consulate (in case the court decision is ordered in an amphur outside Bangkok). The registration bureau will verify the identity of the applicants and issue the couple a Divorce Certificate.
A contested divorce is one in which the spouses cannot reach an agreement and require legal proceedings in order to dissolve the Thailand marriage. In this case, a lawyer should be involved to advise on the best strategy and provide representation during court proceedings.
To file a contested divorce, the plaintiff must submit a petition to the Family Court. This must be accompanied by an affidavit describing the grounds for the divorce. The court will then assess the validity of the grounds cited and set dates for further hearings in which the parties can present arguments and evidence.
In some cases, such as in the example of David and Supaporn, the couple is able to settle matters like assets and custody agreements outside of court. In other cases, a lawyer will be necessary to draft a Divorce Settlement Agreement to outline the terms of the split.
It is advisable to consult with a Thai lawyer to assist in filing a contested divorce, particularly when issues related to property or child custody are concerned. A lawyer can help a client prepare a petition, structure the case, and draft and submit the necessary documents. A lawyer can also advise on whether certain assets are considered common property or personal property and how that might affect the division of assets. They can also make sure that the correct registries are used to finalize the divorce and have the judgment properly registered.
When a divorced couple agrees on all terms of their settlement including division of assets, custody and visitation arrangements, child support, and alimony, they can file an uncontested administrative divorce at the district office. This is faster than a court divorce and saves costs on legal fees and court hearing expenses.
The process for a contested divorce is more complicated and entangles the parties in an expensive legal battle. A contested divorce can last years and may require several hearings before a judgment is reached. It is important to hire a Thai attorney who understands family law and cultural differences, especially when dealing with foreign spouses.
If the spouse resides overseas, divorce documents can be served through the Ministry of Foreign Affairs or the Royal Thai Embassy and consulate abroad. However, the spouse residing abroad must still appear at the district office to register the divorce.
Divorce is a stressful time for any married couple. Getting the right legal advice early on can help couples navigate this complicated process efficiently. Alternative dispute resolution methods like divorce mediation can also help couples work out their differences and reach an agreement that works for all parties. For many, the most important consideration is the well-being of their children, which is why courts place a premium on arrangements that are in the best interest of the children.