Divorce in Thailand: Here Is What You Should Know

Feb 11

Seeking a divorce in Thailand requires that you retain the services of a Thailand divorce lawyer. Otherwise, you can run into trouble with respect to filing and ending an unhappy marriage. In addition, a lawyer who specializes in the divorce process can be your advocate – someone who will offer an objective legal opinion so you can end a marriage without discord and experience a successful outcome.

Filing for a Divorce by Mutual Consent

Before you embark on getting a divorce in Thailand, you must understand the process first. Knowing the procedure will help you know what to anticipate legally and personally. When a divorce is filed by mutual consent, it must be conferred in writing. Also, the signatures of two witnesses must be included as well. You can file a divorce agreement in either a legal firm or in a district office in Thailand called an Amphur or Amphoe.

Making a Divorce by Mutual Consent Legal

While a divorce document does not need to follow a prescribed format, it should indicate that both parties to the divorce settlement agreement to the dissolution of marriage. If the couple is a Thai and a foreigner, such as a U.S. citizen, the agreement should be written in the Thai and English languages.

Again, under Thai law, it is important to have 2 witnesses sign the divorce decree. While the witnesses do not necessarily have to be present when the divorce is signed, they do have to acknowledge who they are and why they are signing. You cannot have only 1 witness sign the agreement either. Otherwise, it cannot legally stand up in a court of law.

You Need to Register the Divorce Document to Make the Divorce Legal

In addition, remember this – Even if both parties to a divorce sign their agreement and include the two signatures of the witnesses, the agreement is still not valid unless it is registered in a district court. Witnesses may be from another country or live in Thailand. They should be of a sound mind, at least 20 years old, and have never filed for bankruptcy.

Making Sure that the Divorce is Filed Properly

In Thailand, the divorce settlement is registered at an Amphur. During registration, both parties must be present. To avoid any complications, legal professionals recommend that the divorcing parties bring a translated copy (in the Thai language) of the foreign spouse’s passport and ask that the two witnesses accompany them.

Make Communications More Transparent

When you take these kinds of measures, you will get through the process with less hassle. In order to avoid problems with communication, it also helps to bring an interpreter if you are a foreigner and are not well-versed in Thai. Also, check with the registration office to verify the requirements. Many Amphurs now ask that parties provide a translation of foreign passports or legalized translations. That is why it is imperative that you consult with a knowledgeable divorce lawyer about any aspect of the divorce process or filing.

Child Custody and the Division of Property

Once a mutual consent divorce is registered, couples need to agree on child custody, if applicable. Also, they need to include how they wish to divide the marital assets and include any other details they wish to add, such as provisions for alimony. The officer at the Amphur will take note of these kinds of agreements in the divorce document.

Unfortunately, not all people seeking a divorce in Thailand can agree on getting a divorce. When this happens, the divorce is considered to be a contested divorce or one in which the parties will need to go to court. However, to take this step, you have to have “cause” or “ground” to make the filing in a court of law. In turn, the burden of proof rests on the person making the request for the divorce. He or she must appear in a courtroom and prove why the divorce should be filed.

Grounds or Reasons for a Contested Divorce

Reasons for seeking a divorce in this instance include the following grounds for divorce in Thailand:

The husband is honoring or giving maintenance to another woman other than his wife.
The wife has committed adultery.
One of the spouses is guilty of legal, moral, or criminal misconduct.
One of the spouses has injured the other party physically or mentally or has insulted their descendants.
One of the spouses is guilty of desertion in the marriage for over a year.
One of the spouses has been imprisoned for over a year for a crime or offense that was done without the consent or knowledge of the other spouse, which makes cohabitation impossible.
The two parties have consented to live apart for over 3 years.
One spouse has been determined to have disappeared or has left the marital residence for over 3 years, and it is not known if he or she is alive or dead.
One of the spouses does not receive the needed marital support.
One of the spouses is incurably insane and has had the condition continuously for 3 years.
One spouse has broken the bond of decent and moral behavior.
One of the spouses suffers from a communicable disease that may harm the other spouse and is known to be incurable.
One of the spouses has a physical disability, which makes it difficult to live with the other spouse or cohabitate as husband and wife.

If you show you have a ground or a cause for divorce, you will need to file a petition to the court. If you wish to make a claim for money to divide a common asset, you need to put down a deposit to the court, which, normally, is about 2% of the value claimed.

For example, if you purchased real estate while you were married and it is classified as common property, you are entitled to claim 1 million baht if the property is valued at 2 million baht. Therefore, the court deposit in this case is 20,000 baht. If you happen to win the divorce case, the court can order the other party to pay back the deposit you initially put down.

As you can see, there is a lot involved in ending a marriage in Thailand. That is why it is essential to rely on the services of a competent Thailand divorce lawyer. Don’t leave anything to chance. If you plan to end your marriage and you want to do so legally, you need to know what to anticipate. By speaking to a Bangkok divorce lawyer, you can reconcile any differences and proceed with confidence.