Filing of Divorce in Thailand
Divorce in Thailand is a very private affair and one that is rarely talked about in public. Hence, it is advisable to hire a family lawyer to help you prepare and register divorce at the local district office.
An administrative divorce registration is possible only if both spouses are in agreement. If not, it is a contested divorce.
Contested Divorce
A contested divorce is when the spouses cannot reach an agreement on issues like division of assets, custody of children and if or how much alimony to pay. A contested divorce can take a lot of time and resources to resolve and is often more complicated than uncontested divorces. If you are considering filing for a contested divorce in Thailand, it is important to seek the advice of an experienced Thai family law attorney to help you understand the process and your legal rights.
Divorce in Thailand is governed by Thai Family Law and the Civil and Commercial Code of Thailand. There are three ways a marriage can end under Thai law: divorce, annulment and death of one of the parties. The most common way a marriage ends is through divorce. There are a number of different reasons why people get divorced, such as incompatibility, adultery or irreconcilable differences.
Filing for a contested divorce is more complicated than filing an uncontested divorce in Thailand. The aggrieved party must petition the court to file for a divorce and prove at least one ground of divorce under Thai law. It is recommended that the petitioner hires a qualified Thai family lawyer to draft the divorce case and represent them in court.
If the grounds of divorce are proved, the court will issue a divorce decree. This will usually be final and will not be subject to appeal. Once the divorce decree is issued, it must be registered at the district office where the marriage was registered or reported to the Amphur of the city where the Thai spouse lives. A translated copy of the divorce decree and the passport of each party is required to be presented. If one of the parties is a foreign national, they may need to have the divorce decree notarized and to have it legalized with their embassy or consulate in Thailand.
Getting divorced in Thailand can be a stressful experience. Understanding the legal process and the grounds of divorce can help you manage your expectations and reach a resolution that is best for you and your family.
A contested divorce is often more complex than an uncontested divorce in Thailand and requires the representation of an experienced Thai family lawyer. However, there are steps you can take to reduce the stress and speed up the process. For example, you can agree to a quick divorce by mutual consent or make a prenuptial agreement before you marry. You can also try to find other non-adversarial ways of dissolving your marriage, such as mediation or negotiation. These methods are less invasive and can save you a lot of money and time in the long run. These alternatives are also better for your children, who can be deeply affected by the adversarial divorce process. This is especially true if they are not directly involved in the conflict. In these situations, it is usually best for the kids to remain in the care of their grandparents or other relatives until a suitable arrangement is made for them.