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Understand legal divorce in Thailand: who may get one, where and how, with an explanation of the simple divorce by mutual consent available to couples married in Thailand.
A divorce by mutual consent in Thailand is fairly easy to obtain; any other type of divorce can be more complicated.
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.
An uncontested divorce can be obtained at the local District Office (khet/amphur). A divorce by mutual consent must be made in writing and certified with the signature of at least two witnesses and it must be registered with the relevant authorities.
The divorce documents and a summary on completing the form are available from the local District Office. All documents are in Thai.
There is no requirement to be accompanied by lawyer or have lawyer prepare the divorce documents. But having a lawyer may help explain things better.
Registration is made at the District Office. At most amphurs it is not possible to make an appointment, instead simply join the queue.
An arrangement must be made in the divorce settlement regarding the parental rights and contribution to the maintenance of involved children. If provisions are not included in the divorce agreement, the court will determine the provisions.
In a case of divorce on the grounds of adultery, compensation may be awarded to the innocent spouse. A spouse may claim for living allowance if the grounds for divorce were derived from the fault of only one spouse. However, this right is void when the party receiving the allowance remarries.
Thailand falls under community property law, meaning any property acquired during marriage is considered shared or community property and any property acquired pre-marriage is not. This law is subject to some interpretation however. After divorce, the property of the husband and wife is subject to liquidation (unless otherwise agreed upon). property owned on the date of the registration of the divorce or the date the divorce was filed in court is subject to liquidation. Any common property (sin somros) is divided equally between the man and the woman (unless otherwise agreed upon).
The family law in Thailand is fairly straightforward. Foreigners must first obtain clearance from their respective embassies.
M & S Law Office 20006 can help co-ordinate the procurement of official documents from the embassy and have them translated and legalized quickly with minimum problems. Familiarity with the formalities of a Thai marriage, access to qualified translators, and an understanding of the legalization process reduce the likelihood of delays or complications.
Our law firm provides full legal services throughout Thailand including the key business cities such as Bangkok, Pattaya, Chiangmai and Phuket.
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