Divorce In Thailand By Thai Attorneys
Under the Thai Civil and Commercial Code, divorce is permitted in two categories:
- By Mutual Consent:
Getting divorce in Thailand is as simple as registering your marriage. If you are married in Thailand at a local Registrar office you may register an administrative divorce. Divorce by mutual consent must be made in writing with at least two witnesses. This type of divorce is possible only if the couple has no disagreements over such issues as children or property. The divorce documents and a summary on completing the form are available from the local District Office. All documents are in Thai. A divorce certificate will be issued by the registrar office. The process can be completed in one day at the local district office.Documents required
- Completed written documents with two witness signatures
- Photo identification for both parties
- Passports for both parties
- The marriage certificate
Note: Divorce by mutual consent only applies if the couple married in Thailand. If they married outside Thailand they may apply for divorce in Thailand but have to go through the court system.
- By Court Order: If the divorce is contested, one party is not present; you should proceed to the courts for a divorce. There are 11 grounds for divorce under Thai law. If you are overseas, you may appoint a lawyer to represent the procedure on your behalf. However, once a court date is set, you must appear before the court in Thailand. Any documents not in Thai will need to be translated and notarized by your embassy in Bangkok. This process can take up to one year.
Grounds for Divorce in Thailand
If one party will not agree to a divorce by mutual consent then you need to file with the courts for a divorce. In order to proceed with a divorce in this instance you will need to assert grounds for divorce and make personal appearance in court. Grounds for divorce in Thailand include the following circumstances:
- Adultery
- A spouse is guilty of misconduct that inflicts serious shame, insult or injury on their partner and cohabitation is no longer possible
- A spouse has caused serious harm or torture to the body or mind of their partner, or has seriously insulted their parents
- A spouse has deserted for longer one year
- A spouse has disappeared
- A spouse has failed to provide proper maintenance and support to their partner; cohabitation is no longer possible
- A spouse suffering from serious mental illness for at least three years
- A breach of the good behaviour bond
- A spouse is suffering from a contagious and dangerous disease which is incurable and may cause injury to the other
- A spouse has a physical handicap and is permanently unable to cohabit as husband and wife.
Managing your properties after divorce
Thailand is a Community Property jurisdiction. When a couple divorces in Thailand, separate property, namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are generally considered community property with both spouses having an ownership right. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.
Debts incurred during the marriage, whether they are household, medical, or educational, are in general the responsibility of both parties.
TILA Legal offers licensed professional legal services by experienced Thai lawyers who specialize in family law in Thailand. We will draft your divorce settlement agreement both in English and Thai.
Our Professional Fee
Divorce by mutual consent
Legal consultation 1 hour:
FREE
Thai divorce settlement agreement:
20,000 THB
Accompany client at the district office:
2,000 THB
English translation:
2,000 THB
Transportation:
600 THB
Total: 24,600 THB
VAT 7%: 1,722 THB
Grand total
26,322 THB
Divorce by court judgement
Legal consultation 1 hour:
FREE
Representative in Thai court:
30,000 THB
English translation:
2,000 THB
Transportation:
600 THB
Total: 32,600 THB
VAT 7 %: 2,282 THB
Grand total
34,882 THB
See also
Thai prenuptial agreement service
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