Divorce is the formal legal process of ending a marriage, and in Thailand, it is regulated under the Thai Civil and Commercial Code. Whether the divorce is mutual or contested, there are established procedures to follow to ensure the marriage is legally dissolved. Understanding the types of divorce, legal requirements, and court proceedings is crucial for anyone considering divorce in Thailand. This guide explains the process of filing for divorce in Thailand, highlighting key legal principles, practical steps, and important considerations.
Types of Divorce in Thailand
There are two main types of divorce in Thailand:
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Administrative (Uncontested) Divorce
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Judicial (Contested) Divorce
1. Administrative (Mutual Consent) Divorce
An administrative divorce, also known as a mutual consent divorce, is the simplest and quickest way to dissolve a marriage in Thailand. This is available when both spouses agree to divorce and there are no disputes over property, child custody, or other matters.
Key Features:
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Can be filed at the local district office (Amphur).
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No need for court involvement.
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Both parties must appear in person.
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Agreements regarding child custody in Thailand and division of assets can be recorded in writing.
2. Judicial (Contested) Divorce
A judicial divorce is required when one party does not agree to divorce or when there are disputes over children, assets, or spousal support. This type of divorce must be filed in the Thai Family Court.
Key Features:
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Requires filing a lawsuit in court.
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Involves legal proceedings and hearings.
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The court decides on matters such as division of property, child custody, and financial support.
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Takes longer and is more complex than administrative divorce.
Grounds for Divorce in Thailand
For a contested divorce, the person filing must prove valid grounds for divorce according to Thai law. Common grounds include:
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Adultery or infidelity by the spouse.
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Misconduct or abuse causing shame, insult, or injury.
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Desertion or separation for more than one year.
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Failure to provide proper maintenance or support.
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One spouse being imprisoned for more than one year.
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Living separately for more than three years by mutual agreement.
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Mental illness resulting in long-term incapacity.
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Breaking of marital obligations.
If the court accepts the grounds, it will grant the divorce decree.
Filing Administrative Divorce: Step-by-Step Guide
Step 1: Agreement Between Both Parties
Both spouses must agree to divorce. Agreements about property division, child custody, and spousal support should be settled in advance.
Step 2: Visit the Local District Office (Amphur)
The couple must go together to the Amphur where they registered their marriage or any convenient district office.
Step 3: Submit Documents
Required documents include:
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Marriage certificate.
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Thai ID cards or passports (for foreigners).
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Divorce agreement (if applicable).
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Child custody agreement (if children are involved).
Step 4: Registration of Divorce
The officer will verify the documents and process the divorce registration. Once completed, the marriage is legally dissolved, and the divorce certificate is issued on the same day.
Filing Judicial Divorce: Step-by-Step Guide
Step 1: Engage a Lawyer
Hiring a lawyer is advisable due to the complexity of court procedures, especially if disputes involve property or children.
Step 2: Prepare and File a Petition
The lawyer drafts a petition detailing the grounds for divorce and desired claims regarding children, property, and spousal support. The petition is filed at the Family Court.
Step 3: Court Hearings
The court schedules hearings where both parties can present evidence and arguments. Mediation sessions may be arranged to encourage settlement before trial.
Step 4: Court Decision
If no settlement is reached, the court renders a judgment based on the evidence. If grounds for divorce are proven, the court grants the divorce and issues orders on related matters like custody and asset division.
Step 5: Registration of Divorce Decree
After the court decision, the divorce must be registered at the Amphur to make it official.
Child Custody and Support After Divorce
Child custody is an important issue in Thai divorces. The law prioritizes the child’s welfare when determining custody arrangements.
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In an administrative divorce, the custody agreement must be included in writing and registered with the divorce.
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In a judicial divorce, the court decides on custody and parental rights.
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Child support is mandatory, and the court or agreement specifies the amount payable by the non-custodial parent.
The child has the right to financial support until reaching the age of majority (20 years old).
Division of Property
Thailand follows the principle of marital property (community property). Marital assets acquired during marriage are subject to equal division upon divorce.
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Sin Somros (Marital Property): Includes assets acquired during the marriage and is usually split equally.
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Sin Suan Tua (Personal Property): Includes assets owned before marriage or inherited, which remain with the original owner.
The court may adjust the division based on fairness if one party contributed more to acquiring the property.
Divorce for Foreigners and Mixed Marriages
If one or both spouses are foreigners, Thai law still applies to the divorce if the marriage was registered in Thailand. Foreigners must present passports and certified translations of documents if necessary.
Divorces registered in Thailand are recognized internationally in many cases, but it is advisable for foreigners to check recognition procedures in their home country.
Time Frame for Divorce in Thailand
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Administrative divorce can be completed in one day.
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Judicial divorce may take several months to over a year depending on case complexity, disputes, and court schedules.
Conclusion
Filing for divorce in Thailand is a structured legal process that depends on the agreement between spouses and the complexity of the issues involved. An uncontested divorce is relatively quick and simple, while a contested divorce requires court intervention and legal representation. Key considerations such as child custody, support, and property division are determined according to Thai family law, ensuring fairness and child welfare. Consulting a qualified family lawyer can help navigate the process smoothly and protect your rights throughout the divorce proceedings.
