A foreign national can register an administrative divorce (known as a “khet” or “amphoe”) if two witnesses support the divorce agreement. It is best that a family lawyer is used so that the document is properly drafted and notarized.
The process is simple, however it can be complicated. There are different requirements depending on the type of divorce.
Marriage Registration
The divorce process in Thailand can be long and complicated, especially for couples that married outside of the country. A qualified Thai family law lawyer can help reduce this complexity by providing assistance with the various legal requirements, language barriers and cultural differences that may arise. In addition to divorce mediation and litigation services, a lawyer can also assist with family-related issues such as child custody and property division.
Divorce proceedings in Thailand are based on the grounds stipulated in the Civil and Commercial Code of Thailand. This includes 3 years of separation, a one-year desertion and adultery. Other reasons include unreasonable behaviour, a lack of mutual consent on certain matters and other grounds as determined by the court.
Spouses must personally appear at the district office for registration of their divorce. The procedure is less complex and time consuming if both spouses agree on the terms of the divorce (mutual consent). It is also a good idea to prepare a prenuptial agreement before marrying in Thailand, as personal assets remain separate from marital assets under Thai law.
Once a statement affirming that the Thailand marriage is dissolved has been signed by both spouses it needs to be translated into Thai and certified at the Ministry of Foreign Affairs. This will ensure that your divorce is recognized in Thailand.
Mutual Consent Divorce
Divorce by mutual consent is also known as an administrative divorce or uncontested divorce. It is only available if the marriage was registered in Thailand and the couple agrees to end their marriage. They do not have to state any reason and they can register the divorce at the district office themselves – no lawyer is needed for this kind of a divorce.
This form of divorce is less expensive, quicker and easier to handle than a contested divorce. However, the spouses must personally attend the registration and cannot be represented by a lawyer.
If the parties can come to an agreement on matters such as division of marital or jointly owned assets, custody of children and how much alimony will be paid then they can file for this type of divorce. It would be advisable to get a lawyer to draft and notarize the divorce papers for this type of a divorce in case either party may need to refer back to it at a later date.
If the spouses cannot agree on these issues then the case goes to trial. The court will decide on these matters based on the evidence presented. The court may also appoint a guardian to look after the children if necessary.
Contested Divorce
If both parties to a marriage are not amenable to end their marriage through mutual consent, they may file for contested divorce. Also referred to as judicial divorce, this is a process where one party must prove that he or she is entitled to a divorce based on the grounds stipulated in Section 1516 of the Civil and Commercial Code.
If a spouse is able to prove he or she has one of the above-mentioned grounds, the court will proceed with their case and decide upon the matters such as sharing of property and custody of children. In such cases, the court is expected to respect any agreement the involved parties may have reached in regard to these issues and will include it in the decision of their case. If they cannot reach any agreement, the court will resolve them based on Thai laws.
When the court finishes a contested divorce case, the spouses must present the divorce decree before their district office for registration. This is especially important for foreign parties who need to check with their embassy/consulate if they require any further steps to legalize the divorce. Once it is registered, the former couple will be officially divorced. Any contracts between the two parties regarding personal assets or gifts made during the course of their marriage will be voided during this time, so it is best to keep a record of these transactions for future reference.