Why Choose the Thaiger?
A divorce can be stressful and complicated, but with the help of our partners, we can make the process go much more smoothly. We’ll assist you in finding an experienced attorney who meets your needs and ensure that you get everything you deserve during your divorce. All you have to do now is click “Apply Now.”
How to Get a Divorce in Thailand?
Obtaining a divorce in Thailand entails the cancellation of a married couple’s legal responsibilities and obligations. Divorce in Thailand can be effected by mutual consent or by a court order. When filing for divorce, there will also be specific requirements that you and your partner must meet before you will be able to file for a divorce.
Each case of divorce is different, depending on whether you register your marriage in Thailand or not, whether you have a prenuptial agreement and many other factors. There are two types of divorce in Thailand: contested and uncontested. An uncontested divorce is when both the husband and wife wishes to terminate their marriage, and no disagreement between them has to be settled by the court. On the other hand, a contested divorce is when there’s a disagreement between the husband and wife, in this case, one party can file a petition to the court, but you need to have a ground to do so, such as adultery, abuse, or abandonment.
To make divorce in Thailand easier, it is best that you consult with an expert who can give you legal advice adapted to your specific situation.
Why Do You Need a Lawyer to Get Divorced in Thailand?
Getting a divorce in Thailand can be difficult, especially if you are a foreigner. There are many ways that an experienced Thai lawyer can assist you with your divorce in Thailand. Here are some of the most common reasons why you should seek assistance.
Expert Advice
An experienced lawyer can ensure that you receive everything you deserve during a divorce. The Thai law may be different from the law in your country, and having a lawyer by your side means you’ll get expert advice to get the best outcome. For example, if there is substantial income, assets, debts, child custody, and future assets, your lawyer can protect your interest.
Avoid Mistakes
The Thai legal system can some times get very complicated and on top of that, you might feel stressed and overwhelmed from the divorce itself, making it difficult for you to think clearly. A lawyer can make sure that your case is handled properly and that any errors are caught before they can become costly.
Clear Agreement
Your divorce agreement will be reviewed by a court, but they may not understand what you’re trying to accomplish, resulting in a divorce decree that differs from what you intended. A family law expert who can speak both English and Thai will state your wishes clearly and ensure that the divorce decree will be free of errors.
As Quickly as Possible
Although you may be able to get a divorce in Thailand, it is possible that your divorce will not be approved in your home country. In this case, having a lawyer on your side will allow you to fully complete your divorce in a matter of days or weeks.
Major Grounds for Divorce in Thailand
In Thailand, a divorce requires grounds, which a party must cite as justifications when filing for divorce through the courts. This is listed in S ection 1516 of the Civil and Commercial Code, here is the list if grounds you need to file for a divorce:
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11/9/2020
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11/3/2021
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Types of Divorce in Thailand
There are two types of divorce in Thailand: contested and uncontested divorce, both types will require legal advice from a lawyer who has a deeper understanding and experience in family law.
An uncontested divorce is the administrative form of divorce in Thailand; it is a divorce by mutual consent and is the preferred form because of its simplicity.
To end their marriage, neither party needs to have any grounds. Their mutual consent is sufficient to end their marriage.
This divorce is appropriate for a couple who have agreed to divorce and whose marriage is either registered in Thailand, at the Royal Thai Embassy, or in another country. However if one of the spouses is Thai, both the husband and wife must be present in person when filing for an uncontested divorce.
Key Points:
- A divorce by mutual consent, so no grounds is needed to terminate the marriage.
- The simplest type of divorce.
- Both husband and wife must be present in person.
A contested divorce is a judicial or a court divorce, this is when one party is given recourse to go to the courts to terminate the marriage due to the grounds provided under Thai Law (as mentioned above). This type of divorce is usually done when only one party is amenable to end the marriage or if a party has been absent.
It also a preferred option when there’s a disagreement on child custody and marital property that they can’t settle by themselves. Couples who have been residing or working in Thailand for a reasonable period of time, but have not registered their marriage in Thailand, may also get a contested divorce.
Key Points:
- The preferred option when both parties can’t agree on their divorce.
- Must have a cause or a ground to stand on.
- Can be done by couples who have been living or working in Thailand for a certain period of time but haven’t registered their marriage in Thailand.
A good lawyer can make it into a less stressful divorce.
Getting through a divorce with my ex-husband was already stressful enough for me, but then we had to argue about other things. I didn’t know how to find a reputable lawyer to help with my divorce until the Thaiger helped me find an experienced family lawyer that I felt comfortable working with.
Top tip: Your lawyer should be skillful, have a deep-understanding of the situation, and can communicate in English.
Can A Couple Who Got Married Outside Thailand Get A Divorce in Thailand?
Yes, a couple who got married outside Thailand can get a divorce in the country as long as they meet the jurisdiction requirements set by the Thailand courts. The jurisdiction requirements are as follows:
– At least one spouse has been residing in Thailand for a certain period of time.
– There must be a valid ground to register a divorce in Thai courts.
They can go through a contested divorce, not an uncontested divorce. An uncontested divorce can only be done if the couple got married in Thailand or if one of the spouses is a Thai citizen.
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The Required Documents to File for A Divorce
The required documents can be different depending on which Amphur you go to and the type of divorce. In general, the main documents required to file for a divorce are as follows.
Passport
Foreigners need to present their passport. If you file for a divorce in a different Amphur where your marriage is registered, make sure to bring a legalised copy of your passport.
ID Card
If you have a Thai spouse, they need to provide their ID card.
Thai House Book
A house registration book that belongs to you, your spouse, or both.
Marriage Certificate
Two original marriage certificates of you and your spouse.
Translation
All the English documents need to translate into Thai.
Prenuptial ‘prenup’ Agreement
Thailand prenuptial agreement, also known as “Thai prenup,” is a written contract between two people before they are married. It lists all of the assets and debts of both parties. It specifies what rights each person possesses to their properties and assets if their marriage ends in divorce.
No one wants their marriage to be filled with arguments or end in a divorce, but you’ll never know what will happen in the future. Therefore, to make everything clear and avoid arguments with your spouse during the marriage or even when you’re in the process of a divorce, a prenuptial agreement is essential.
Frequently Asked Questions About Divorce in Thailand
It can be done in one day if both parties agree with each other, however, in some cases, it may take months or even years if the divorce is contested.
If your spouse refuses to have a divorce with you and you are unable to continue your relationship, you may file a divorce petition with the court, which will require you to provide a valid reason.
This will depend a lot on the complexity of the case, as there might be additional expenses such as, translation of documents, finding evidence, and many more.
All law firms will ask you for different flat fee retainers. But the district office fee for a divorce is very cheap.
No, you are not permitted to send a representative for divorce in Thailand. Both parties must be physically present as each person must present their personal declaration and their intention to divorce before the judge.
Both parties’ desires should be included in the divorce agreement. The divorce agreement should include provisions for the division of marital assets, child custody and divorce settlements.
Yes, you can, Thailand does allow remarriage with your former spouse.
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