Divorce formally terminates marriage in Thailand. If spouses have mutual consent for divorce they can register it at the district office (amphur) where their marriage was registered.
It is important to verify with your embassy or lawyer whether a divorce that was filed in another jurisdiction will be recognized in Thailand. There are many factors that can influence this including the type of divorce.
Grounds for Divorce
Divorce is the legal termination of a marriage in Thailand and there are a number of grounds that a husband or wife may choose to file under. It is important that you obtain a divorce lawyer to assist you with the process as it can be a long and complicated one.
Section 1516 of the Thai Civil and Commercial Code sets out a list of grounds for divorce. A spouse can choose to file a complaint under as many of the grounds as they wish provided that they can be proven in court during a trial.
A couple can get a divorce by mutual consent where they agree on the terms of the separation including division of property, custody of children (if any) and alimony (if any). It must be submitted to the district office (Amphoe) for registration.
Any property acquired during the course of the marriage is considered marital and not personal, while any debts incurred are joint liability. It is important to note that the agreement made by a husband or wife for a divorce by mutual consent does not affect third parties acting in good faith unless it has been duly registered.
The courts can also order a divorce where one party has broken the bounds of good behaviour. This can be anything from having an extra marital affair to obscene or embarrassing behavior in front of the other. In this case, the court will appoint a curator to manage the spouse’s assets.
Filing for Divorce
When a married couple decides that they want to divorce, one of the spouses must file a petition for a divorce with the Court. The petition must have a cause which is normally called a ground. The burden of proof lies with the party who is asking for the divorce. The grounds for a divorce in Thailand are adultery, separation of three years or more, desertion of one year, and other serious misconduct as defined by Thai law. See section 1516 of the Commercial and Civil Code Book V.
Divorces are normally conducted in a district office (Amphur or Khet). However, when the marriage is between a Thai national and a foreign national the divorce may be registered abroad and later filed in Thailand. This is called an administrative divorce and is very easy and simple to do.
In order to apply for an administrative divorce, the parties must be physically present at the district office (Amphur or Khet). This type of divorce is known as a Divorce by Mutual Consent and both parties must agree on the terms to dissolve the marriage. The divorce must also be certified by the Ministry of Foreign Affairs in the country of origin and legalized in Thailand. A contested divorce is normally conducted in a Court and will be very difficult and expensive to execute.
Filing a Petition for Divorce
If a marriage has been legally registered, a divorce may be obtained without a petition from either spouse. If the husband and wife are both Thai nationals, then this is known as a “divorce by mutual consent.” A couple who wishes to get a divorce by mutual consent can do so at the district office where they registered their marriage.
The registrar will verify that the marriage has been legally registered and that both parties are in agreement to end their marriage. A divorce by mutual consent will not require a hearing and can be completed within one day. Both parties must sign in front of a registrar and two witnesses.
A contested divorce case may involve issues such as property division and child custody. If a couple is unable to agree on these issues, the court will resolve them through trial. It is important that you consult with a lawyer who specializes in Thai family law to help you with your case.
Those who are seeking a contested divorce should also consider attending mediation with their spouse to discuss the issues and possibly come up with a solution that they can both agree upon. This will save a lot of time and money in the long run. If mediation is not successful, a petition for divorce must be filed with the court.
Filing a Complaint for Divorce
The legalities involved in ending a marriage in Thailand are complicated and can vary depending on a number of factors. For example, if one spouse is not happy with the current arrangement regarding assets and property or other issues such as custody of children, the filing for divorce will be contested.
In cases like these, it is important to seek the assistance of an experienced lawyer to ensure that all requirements are met. A contested divorce will require that the plaintiff and defendant be summoned to court in order to present evidence to the judge. The judge will then make a decision regarding alimony or other payments, division of assets, and other issues that are related to the divorce.
An action for a divorce can only be proposed if there are grounds for divorce as specified in section 1516 of the Thai Civil and Commercial Code. The plaintiff must bring all proof and personal witnesses to testify in the case.
There are several reasons to file for a contested divorce in Thailand including adultery, separation for more than three years, desertion for more than one year and being incarcerated. The plaintiff will have to prove that the reason for divorce is true in order to have a chance at winning the case. If the court grants a divorce, it will be necessary for the couple to draft a divorce settlement agreement and submit it to the district office for registration.