Filing of Divorce in Thailand

Divorce in Thailand is governed by the Civil and Commercial Code and can be a straightforward or complex process depending on the circumstances of the couple. Whether the divorce is mutual or contested, understanding the legal procedures, requirements, and implications is crucial. This guide covers all aspects of filing for divorce in Thailand, including types of divorce, legal grounds, court procedures, and post-divorce matters.

1. Legal Framework for Divorce in Thailand

Divorce in Thailand is governed by:

• The Civil and Commercial Code (Sections 1501-1535) – Covers marriage, divorce, and family law.
• The Thai Family Court – Handles disputes related to contested divorces and child custody Thailand.
• International Treaties and Agreements – Applicable in cases involving foreign nationals.

2. Types of Divorce in Thailand

There are two main types of divorce in Thailand:

A. Uncontested Divorce (Mutual Consent Divorce)

• Eligibility: Available only if the marriage was registered in Thailand.
• Process: Both spouses must agree and sign a divorce agreement.
• Where to File: At the local district office (Amphur or Khet).
• Requirements:
  • Marriage certificate.
  • Identification cards or passports.
  • Divorce agreement outlining asset division and child custody.
• Advantages: Faster, cheaper, and does not require court intervention.

B. Contested Divorce (Litigated Divorce)

• Eligibility: When one spouse does not consent, or disputes arise regarding assets, custody, or support.
• Where to File: Family Court.
• Requirements:
  • A petition stating the grounds for divorce.
  • Evidence supporting the claims.
  • Legal representation is advisable.
• Disadvantages: Lengthy, expensive, and requires court proceedings.

3. Grounds for Divorce in Thailand

A contested divorce requires legal grounds, which include:

• Adultery – If one spouse has an affair.
• Desertion – If a spouse has left for over one year without consent.
• Failure to Provide Support – Financial neglect.
• Physical or Mental Abuse – Domestic violence or serious mistreatment.
• Misconduct – Criminal behavior, drug abuse, or gambling.
• Mental Illness – If a spouse suffers from an incurable mental disorder.
• Failure to Fulfill Marital Duties – Prolonged separation or refusal to cohabit.
• Imprisonment – A spouse sentenced to three years or more.
• Incompatibility – If living together is no longer possible.

4. Filing for Divorce in Thailand

A. Filing an Uncontested Divorce

1. Both spouses visit the district office where the marriage was registered.
2. Submit required documents, including identification and marriage certificate.
3. Sign the divorce agreement detailing asset division and child custody.
4. Divorce registration is completed on the same day.

B. Filing a Contested Divorce

1. File a petition at the Family Court with legal grounds for divorce.
2. Court summons the other spouse for response.
3. Mediation session (if required by the court).
4. Trial and evidence presentation.
5. Court issues a judgment.
6. Registration of the divorce at the district office upon final ruling.

5. Division of Assets and Property

Thailand follows the principle of community property, meaning assets acquired during marriage are divided equally, while personal property remains with the original owner.

• Marital Property (Sin Somros): Includes assets acquired during the marriage.
• Personal Property (Sin Suan Tua): Includes inherited assets, gifts, or properties owned before marriage.
• Court Determination: If disputes arise, the court will decide a fair division based on financial contributions and needs.

6. Child Custody and Support

• Uncontested Divorce: Parents can mutually decide custody arrangements.
• Contested Divorce: The court will determine custody based on the best interests of the child.
• Child Support: The non-custodial parent is required to provide financial support.
• Parental Rights: Fathers of children born out of wedlock must first establish legal paternity before claiming custody rights.

7. Alimony and Spousal Support

• No Fixed Calculation: Alimony depends on financial status, length of marriage, and need for support.
• Mutual Agreement: Spouses can negotiate terms in an uncontested divorce.
• Court Decision: In contested divorces, the court may order spousal support based on fairness.

8. Divorce Involving Foreigners

• Jurisdiction: If a foreigner married in Thailand, they must divorce in Thailand.
• Recognition of Thai Divorce Abroad: Some countries require additional registration of the Thai divorce.
• Prenuptial Agreements: Enforceable under Thai law if registered correctly.
• Visa and Residency Implications: Foreigners divorcing a Thai spouse may lose certain visa privileges.

9. International Divorce Cases

• Cross-Border Jurisdiction Issues: If one spouse lives abroad, additional legal steps may be needed.
• Hague Convention on Child Abduction: Thailand is not a signatory, so international custody disputes may require special legal action.
• Enforcement of Thai Divorce in Foreign Countries: Some countries may require court validation of a Thai divorce.

10. Timeframe and Costs for Divorce in Thailand

• Uncontested Divorce: Completed within one day; fees are minimal.
• Contested Divorce: Takes months to years; legal fees vary based on complexity.
• Court and Lawyer Fees: Typically range from 50,000 to 300,000 THB for contested cases.

11. Post-Divorce Legal Matters

• Name Changes: A divorced spouse may revert to their maiden name.
• Updating Legal Documents: Passport, ID, and bank records should be updated.
• Re-marriage Considerations: A waiting period may apply for women under certain circumstances.

12. Seeking Legal Assistance

• Hiring a Lawyer: Recommended for contested divorces, asset disputes, and child custody cases.
• Legal Aid Services: Available for individuals with financial difficulties.
• Mediation Services: Courts often encourage mediation to settle disputes amicably.

Conclusion

Filing for divorce in Thailand involves various legal considerations depending on whether the process is mutual or contested. Uncontested divorces are straightforward and quick, while contested divorces require legal grounds and court intervention. Understanding asset division, child custody, alimony, and international aspects is essential for a smooth divorce process. Consulting a legal expert can help navigate complexities and protect individual rights throughout the proceedings.