Getting Divorced in Thailand can be very difficult. There are two types of divorce in Thailand: Divorce by Mutual Consent and by Court Decision. The Divorce by mutual consent is fairly easy to obtain compared to any other types of divorce, which can be more complex. The Divorce by mutual consent is only applicable to couples who are married in Thailand; if you are married in another country, you may file for a divorce in Thailand but should undergo through the court system.
Getting Divorced in Thailand
The are these two options when getting divorced in Thailand. The Divorce by Mutual Consent or Uncontested Divorce can be obtained at the Local District Office or Amphur. It should be in written form, certified and signed by two witnesses, and registered with the relevant authorities. All documents are in Thai, so it is highly recommended to hire the services of a reputable lawyer to assist with preparing all the required divorce documents.
Requirements for Registering the Divorce:
- – Completed written document, certified and signed by at least two witnesses;
- – Recent photos for both parties;
- – Valid passports and other travel documents for both parties;
- – Marriage certificate;
Divorce by Court Decision
There should be an arrangement pertaining to the parental rights and child support for the maintenance of the children involved if any, and if these provisions are not stated under the divorce settlement, the court will be the one to determine these provisions. In situations wherein the ground for the divorce is adultery, certain compensations will be awarded to the innocent spouse. He or she may claim for living allowance if it is found that the reason for the divorce is the fault of only one spouse – but is revocable when the party receiving the compensation remarries.
Thailand acknowledges the community property law, which means that any property acquired during the marriage shall be considered as shared or communal property, and any property acquired before the marriage is personally owned by each spouse. After the divorce, all the properties of the husband and the wife shall be subject to liquidation unless it has been agreed upon by both parties. All common property shall then be divided equally between the man and the woman.
Prenuptial agreements are also becoming common in Thailand, having one will give ones security should divorce happen in the future. And for the said agreement to be legal it should be registered at the local district office at the time of registering the marriage in Thailand, signed by both parties and at least two witnesses. These are the options when getting divorced in Thailand.