When a couple files for divorce in Thailand, they must appear together at the district office (amphur or amphoe, ekht in Bangkok) where their marriage was registered. They must bring their marriage certificate and identification documents. Two witnesses must accompany them.
Some reasons for divorce include adultery, serious misconduct, imprisonment, and desertion for more than a year. Those grounds are outlined in Section 1516 of the Thai Civil and Commercial Code.
Uncontested Divorce
A couple can file for an uncontested divorce if they agree on all aspects of the separation; including division of assets, child custody/support and alimony (or spousal support). This type of divorce is typically easier to complete than a contested divorce and costs less. However, it’s still a good idea to have a divorce agreement drafted or reviewed by a legal professional to make sure it meets Thai divorce law requirements.
The spouses will need to appear in person at the district office (amphur or amphoe) where their marriage was registered to apply for an uncontested divorce. They will need their original ID cards or passports (for foreigners), a copy of their signed divorce agreement, and two witnesses. The District Officer will check all of the documents, confirm the identities of the spouses and their witnesses, and ensure that both parties truly agree on the terms of their divorce. If all is in order, they will register the divorce and issue a Divorce Certificate to both spouses.
During the process, the court will also decide on important issues related to the divorce. These include the division of marital property and debts; alimony (or spousal maintenance): The court will take into account the length of the marriage, the contribution of each spouse to the family life including non-monetary roles, and the financial situation of each party when deciding on alimony.
Unlike many countries, there is no presumption that either spouse will receive alimony after a divorce. The court will only award alimony if there is an imbalance in income between the spouses. If both spouses agree on alimony in their divorce agreement, the court will usually approve it. If not, the court will award alimony based on the judge’s assessment of each party’s financial situation and needs after the divorce.
Mutually Consented Divorce
According to the Thai Civil and Commercial Code, marriages can be terminated by mutual consent or by a court order. Under a mutually consented divorce, both parties agree on the terms of the separation. The process at the district office is simpler, quicker and less costly than a contested divorce which requires a court judgment.
Both spouses must attend the registration process in person to sign the divorce agreement. They must also be present when submitting the supporting documents and a Khor Ror 6 form (Divorce Registration Form). Foreigners should note that their translated Thai marriage certificate will need to be legalized at the ministry of foreign affairs before it can be used for this purpose.
When registering an administrative divorce, both spouses must make sure there are no disagreements on any matter including child custody in Thailand and property. It is advisable to consult with your lawyer in order to ensure that the process is straightforward and not complicated. Moreover, a divorce by mutual consent is not legally recognized in other jurisdictions such as the United States or Singapore, and thus, it is only valid in Thailand.
The couple can also decide on the division of their assets in their divorce agreement. However, they cannot divide property that was acquired before the marriage or by inheritance. In a contested divorce case, the court will decide on the division of assets based on what it considers as fair and equitable.
Both parents are obligated to provide for their children in terms of education, healthcare and general living expenses. Parents can share this responsibility equally or in a ratio they agree upon. Section 1526 of the Civil and Commercial Code allows a spouse to request financial support from their spouse (alimony). The judge will take into account a number of factors such as the duration of the marriage, both parties’ financial circumstances, and each party’s contributions to the family life.
Judicial Divorce
A contested divorce is needed when one spouse does not agree with the terms of the divorce or its outcome. As such, this type of divorce requires that both parties attend a court hearing in which the judge will make decisions on various issues like property division, child custody, and support. This is typically a longer process than an uncontested divorce. It will also require more documentation. In addition, if the parties cannot reach an agreement on some or all issues at the first hearing, the judge may schedule what is called a preliminary hearing to focus on negotiation and see if the two sides can come to a compromise at that time.
For the court to grant a contested divorce, the petitioning party must demonstrate that there are grounds for such a divorce under Section 1516 of the Civil Code. This is usually a difficult task, requiring substantial evidence of wrongdoing (such as bank statements, purchase receipts, witness testimony, and so forth). It is important to have strong legal representation and solid Thai family law knowledge when pursuing a contested divorce in Thailand.
Once the judge has issued a final judgment, the divorced parties will need to submit that document along with a certificate of accuracy to any district registration bureau, a nearby office, or their respective embassy/consulates. The district officer will check the documents, verify both parties’ identities and those of any witnesses, and ensure that all terms of the divorce have been agreed to. Once they are satisfied, the district officer will register the divorce and issue each spouse a copy of the official divorce certificate (Khor Ror No. 6) for their records.
In addition, if the spouses are living abroad and/or have children, they will need to get the court’s divorce decree authenticated by their respective embassies. This will allow them to use the document to prove that they are divorced in Thailand when applying for immigration or other government services.