- Thailand Divorce can be divided into two types: (a) “Contested Divorces” which may be very costly, and (b) “Uncontested Divorces” which are cheaper and faster.
- Before signing any agreements with regards to a Thailand Divorce it is strongly recommended that you should consult a well qualified and experienced Divorce Lawyer in Thailand.
- Uncontested Divorce, also known as “Administrative Divorce” is the administrative form of divorce in Thailand and is preferable because it is swift and straightforward.
- In an Uncontested Divorce, the two parties do not need to have grounds to end their marriage because their mutual agreement is sufficient.
- The spouses must be physically present when applying for an Uncontested Divorce, which is conducted at the local register which is known as the amphur, amphoe or khet.
- Contested Divorce in Thailand is also known as “Judicial Divorce” or ‘Court Divorce”. One party to the marriage may go to the court to end the marriage if there are grounds for divorce under Thai law. This is usually possible if there are clear grounds for divorce but only one of the parties is amenable to ending the marriage, or if one party is absent, and the absence has caused grievance to the other.
- Contested Divorce is also sought to resolve disputes regarding child custody and marital property sharing in a failing marriage, and the court’s intervention is required to put an end to the marriage and the accompanying issues.
- Contested Divorce is also a solution for some non-Thai couples who have been residing or working in Thailand for a reasonable length of time have not registered their marriage in Thailand.
- It is common for Thai couples to end their marriage through an Uncontested Divorce. This option is favourable because it averts further conflict between the spouses, and with their families.
- Thai couples will attempt to settle issues regarding sharing of child custody and marital property privately. In rare cases, a compromise can not be reached, and a lawyer may assist them with a Thailand divorce agreement which they will register at the amphur when they get their divorce in Thailand.
- The internationalisation of Thailand through commerce and tourism has resulted in many marriages between Thai nationals and Expats. It is not uncommon for these couples to have strained relationships due to cultural and language differences and Thailand divorce has become inevitable in some cases.
- The Thai spouse will usually suggest an Uncontested Divorce if the marriage registration took place in Thailand, as the Uncontested Divorce is more known and favored by Thais.
- Expats should be very cautious before proceeding with an Uncontested Divorce because not all countries recognize this form of divorce. This may cause problems especially if the Expat has plans of remarrying.
- Expats that want to divorce in Thailand are advised to seek the advice of a lawyer so that they will understand the divorce procedures. The Thailand divorce lawyer should be able to advise you whether your home country will recognize a divorce that you will receive in Thailand. There are cases where couples have gone through a divorce only to find out that their country or state cannot recognize their foreign divorce.
Notes on Thailand Divorce:
- Pre marriage planning including protection of any individual assets that should be protected. The Prenuptial Agreement should be prepared in both the Thai and English languages so that it is legally binding in both Thailand and the Expat’s home country.
- Choosing a Thai law firm specialising in international law to assist you with your Divorce in Thailand will ensure that the Divorce is recognised internationally to avoid having legal difficulties in the future. If you would like assistance with preparation of a formal prenuptial agreement or with your Divorce in Thailand, please consult TSL.
TSL Thailand Contact Information:
For more information about applying for a Visa or requesting our Legal Services, please visit the TSL Thailand Contact page.
Or you can contact us by phone:
International: +66 84-361-2818
In Thailand: 087-595-4918 or 02-168-7734