Divorce in Thailand is governed by specific laws and regulations. It is important to understand the process and requirements before getting started.
Araya filed for divorce from her husband, Michael, citing infidelity and failure to meet marital obligations. They disagreed on several issues including asset division and child custody in Thailand.
Getting divorced in Thailand is relatively easy and quick for couples who agree on the terms of their separation. However, understanding Thailand's divorce laws and requirements can save you time, money, and stress during this difficult and complicated process.
To obtain an uncontested divorce, both spouses must appear in person at a district office and confirm their identity. They will also need to provide two witnesses.
The district officer will check all the documents and make sure that both parties really renounce their marriage before registering the divorce. If they find that everything is in order, the district officer will provide each spouse with a divorce certificate.
Contested divorces are more complicated and require more proof than uncontested divorces. The petitioner (the spouse who initiates the case) must state the legal grounds for divorce and submit evidence before the court can rule on the case. Depending on the situation, the judge may schedule what is called a preliminary hearing before scheduling further hearings to discuss the issue of divorce and related issues such as property division, child custody, and alimony.
If you are filing for a contested divorce, it is important to have a clear understanding of how assets, debts and property will be divided. Thailand is a "Community Property" jurisdiction which means that assets and property acquired before and during marriage are considered shared property with equal ownership rights.
When it comes to divorce in Thailand, there are two types of processes: uncontested and contested. The former is a much simpler process as it involves both spouses’ mutual consent to end their marriage, including the division of assets and debts, child custody, and alimony or spousal support. The latter, on the other hand, requires more time, paper works, and trial procedures. It is therefore considered more complicated and expensive than the former.
In a contested divorce, a petition is filed at the family court. The petitioner must state the legal grounds for divorce and submit evidence and witnesses to prove the claims. During the hearings, both parties will have the chance to question each other’s evidence and witnesses through cross-examination.
Once the evidence has been presented, a judge will decide on the final ruling. If the grounds are deemed substantiated, the court will grant the divorce and specify terms for property division, custody of children, and alimony.
The main fixed cost involved in a contested divorce is the filing fee of 200 Baht per person. Other costs are dependent on the specifics of each case and the chosen lawyer. For example, if there are financial claims, the court may require a percentage of the claimed amount as a filing fee. This fee is usually negotiated between the client and their attorney.
The process for divorce with children involves the consideration of custody arrangements (known as “Parental Power” in Thailand) and child support in Thailand. This issue can be resolved either by mutual agreement during the divorce settlement or child legitimation process, or decided by the court in a contested case. Thai law places a high priority on the best interests of the child when determining these arrangements.
Regardless of which divorce type a couple chooses, a custody dispute can become complicated and expensive. It is therefore important to consider the possibility of creating a custody agreement beforehand. The parents can draft a custody agreement detailing their respective rights and responsibilities, and this arrangement can be officially recognized at the district office during the divorce registration process.
A child custody agreement may also include provisions for visitation rights and financial support. In this way, both parents can share a custody arrangement that suits their needs and preferences, while the children benefit from having both parents involved in their lives.
For contested divorces, the court will schedule hearings to review evidence, witness testimonies and provide a ruling on all relevant issues including child custody, property division and alimony. In some cases, the judge may also decide whether a prenuptial agreement is valid and enforceable under Thai law.
If you and your spouse are able to agree on all terms related to a divorce, such as dividing assets, financial support and children custody, it is possible to get an administrative or uncontested divorce in Thailand. This type of divorce can be registered at the district office where you originally registered your marriage, called an “Amphoe” in Thailand. You will need to both present yourself in person and bring original IDs (Thai ID card for Thai citizens, passport for foreigners).
The costs of a divorce depend on how contested or uncontested it is. The main fixed cost is the court fee, which for most divorces without any financial claims is 200 baht. Lawyer fees are separate and will vary depending on your chosen attorney.
Divorce laws in Thailand can be complex and confusing for foreigners, so it is important to consult a qualified attorney to ensure your rights are protected. Even if you have agreed to the terms of your divorce, it is a good idea to have everything in writing so that both parties understand their rights and obligations.