If you have been married in Thailand and are now looking to end the marriage, you can file for a divorce here. This is a process that can be completed in one day at the local District Office where your marriage was registered. It is a relatively cheap and simple process.
Divorce by Mutual Consent
This is the most common type of divorce in Thailand and is usually the most straightforward. This is because neither party needs to have any grounds in order for a marriage to be terminated.
The couple must agree on all issues that might be relevant to their case, including the division of property and any alimony or child custody arrangements. They may also draw up a settlement agreement, which can be made part of the official record at the District Office and which is legally binding on both parties.
There are many reasons why a couple might want to get a divorce in Thailand. Some of the most common grounds include:
Three years separation or a one-year desertion, adultery and failure to provide maintenance by a spouse.
Another ground that can be used in a Thai divorce is where the couple have lived apart for a period of time but not permanently and are willing to settle the matter on their own terms.
A divorce can also be obtained on the grounds of incompatibility, where the wife or husband has had a serious and prolonged illness that prevents them from continuing the relationship or working.
If the couple is unable to come to an agreement on any of these issues, they should contact a divorce lawyer in Thailand for assistance. They can then draft the necessary legal documents to help resolve these disputes and make the divorce more effective and expedient.
Divorce is an important legal process in Thailand and it can be a stressful one if you are not familiar with the legal procedures or the language. An experienced Thai divorce lawyer can assist you with the complexities of the law and navigate you through the process.
Contested Divorce
There are many grounds for a contested divorce in Thailand, but it is important to note that there are exceptions to these grounds. Amongst other things, the grounds must be supported by a substantial amount of evidence and be submitted to the court.
When a marriage is contested, both parties must be present to complete the proceedings and they must prove their identities by providing copies of their passports or national identity cards. They must also provide proof of their marital status by showing a marriage certificate from the court or embassy.
Unlike many other jurisdictions, Thailand does not enforce a strict no-fault divorce. Instead, it offers a more equitable approach to the division of shared assets and debts.
A divorce in Thailand will divide all jointly owned marital assets (properties and debts) equally between the husband and the wife. This includes property acquired during the marriage (including gifts, inheritances and loans), as well as any personal property accumulated before the marriage.