What you never thought to consider was a Thailand Divorce. Married couples who decide to formally end their marriage in Thailand personally files for a divorce. Both parties, with mutual consent, undergo a simple process at the local district office. In most cases, wherein the couple does not agree on the terms for the dissolution of the marriage in Thailand, it would require a much complicated process and would be undergone through a court procedure which is based on the grounds under the Civil Code requiring the involvement of family lawyers in Thailand to represent both spouses in a Thai court.

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Divorce in Thailand can only be initiated through either a mutual consent between the spouses or by a court intervention. If the couple decides to terminate the marriage ties by mutual consent, both must have agreed and made the same decision for a divorce, then it should be made into writing and signed in the presence of at least two witnesses who can certify the legality of the divorce agreement. The process has to be done at the district office or local municipality office in current home town.

Section 1516, Title I of the Civil and Commercial Code of Thailand states the “Grounds of Divorce” as follows:

  • The husband has honored another woman as his wife and has given maintenance to her as such, or the wife has committed adultery, then the other spouse can file a claim for divorce;
  • One spouse is guilty of unethical behavior, whether such misconduct is a criminal liability or not, but causes the other spouse:
    • To be seriously humiliated or ashamed;
    • To be insulted or hated on account of continuance of being a husband or wife to the spouse having done such acts;
    • To undergo excessive injury where the living conditions and position as husband and wife are taken into consideration; one may file a claim for divorce;
  • One spouse has caused serious torture physically and mentally to the other, or has gravely insulted the other or his or her supporters; one may file a claim for divorce;
  • One spouse has been deserted for more than a year, he or she may file a claim for divorce;
  • One spouse has been sentenced by court and has been incarcerated for more than a year in the offense committed without any consent or participation or knowledge in any way by the other, and the living conditions as husband and wife will cause the other spouse serious harm or injury, then he or she can file a claim for divorce;
  • Both spouses have voluntarily lived separately due to being unable to cohabit peacefully for more than three years, or both live separately by order of the court, either spouse can file a claim for divorce;
  • One spouse has been determined to have disappeared, vanished or have left his or her residence for more than three years, uncertain whether he or she is alive or dead;
  • One spouse failed to provide proper maintenance and support to the other, or has committed acts which seriously damages the relationship of being husband and wife to the extent that the other spouse runs into excessive trouble where the living conditions and position of being husband and wife has been taken into consideration;
  • One spouse has been deemed as an insane person for more than three years continuously, wherein such insanity is incurable making the continuance of the marriage impossible, the other may file a claim for divorce;
  • One spouse has broken a bond of moral behavior imposed by him or her, the other may file a claim for divorce;
  • One spouse is suffering from an incurable and communicable disease which may cause harm to the other, the latter may file a claim for divorce;
  • One spouse has a physical disadvantage making him or her unable to cohabit or perform the duty as husband and wife, the other may file a claim for divorce;

The grounds for divorce for one spouse to enable the filing of a divorce is concluded if found to have evidence or declaration of forgiveness from the said spouse on the acts of the other which is the basis for the divorce. And also, no divorce will be granted if the court demonstrates the fact that there was association or conspiracy between the spouses, or if there was approval given by one spouse to the other to perform the acts which is the grounds for the divorce in Thailand.

The Thailand divorce procedures are easy to follow when there is an agreement otherwise the  Thailand divorce process can be costly. Note that the Muslim divorce in Thailand would be much the same except where the traditional Islamic divorce is followed as well as there was a Muslim marriage.

 

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