| How can I get divorced in Thailand?
Persons
who registered a marriage at the local district office
(Khet or Amphur) office may register
an administrative divorce at a local district office.
Performing an administrative divorce at the local district
office requires that the parties do not have disagreements
over child custody or property ("uncontested").
If the divorce is contested, however, then the parties
should proceed through the court system. In order file
a court action for divorce either the Plaintiff or Defendant
(or both) must be a resident of Thailand.
How
do I get a divorce if both my spouse and I consent to
the divorce?
The
parties must go to the District office (Khet
or Amphur) and file the paperwork for a divorce.
You must bring your marriage certificate, Passports, and
ID's and inform them that you wish to divorce. They may
ask you questions about your future plans, financial situation,
and children, if any, and then ask you to fill out forms
detailing the terms of divorce and other matters. The
divorce must be certified by two witnesses. After payment
of a minimal fee, the divorce may be granted.
What
if my spouse does not consent to a divorce?
The
family law of Thailand requires that you must establish
grounds in order to be granted a divorce from a Thai court.
According to Thai law grounds for divorce include:
 |
a
3 year period of separation |
|
one
spouse has deserted the other for over one year |
|
the
husband has taken another woman as his wife |
|
the
wife has committed adultery |
|
one
spouse is guilty of misconduct (criminal or otherwise) |
|
one
spouse has been imprisoned for more than one year |
|
one
spouse has physically or mentally harmed the other |
|
lack
of marital support |
|
one
spouse has had incurable insanity for at least 3 years |
|
one
spouse has broken the bond of good behavior |
|
one
spouse has an incurable communicable disease |
|
one
spouse has a physical disadvantage so as to be unable
to cohabit as husband and wife. |
What
if my spouse is living overseas or refuses to appear in
court?
If
your spouse is not present or will not return to Thailand
to fight the divorce, you may still be able to proceed
provided that he or she has been given adequate notice
of the action. Service must be applied through a Thai
court if your spouse is not in Thailand and substitute
service, (such as by publication) may be allowed in certain
circumstance.
What
if I live abroad and want to file a divorce action against
my spouse who resides in Thailand?
If
the defendant has a legal residence in Thailand, you may
file for divorce in the Thai Courts.
What
if my spouse does not respond to the summons by the court?
After
filing with the Thai courts if your spouse does not appear
in court the divorce case may proceed based on default.
What
happens to my property?
The
Court will divide the property according to the law and
individual facts of the case. Thai law is a "community
property" jurisdiction. This means that income received
by either husband or wife during the marriage belong to
both parties equally. "Separate Property" is
property belonging to the parties before the marriage,
and, in general, does not belong to the marital estate.
The actual rules are more complex however.
What
about outstanding debts and liabilities?
Debts
that were incurred during the marriage, whether they be
household, medical, or educational, are, in general, the
responsibility of both parties.
What
if I have a prenuptial agreement?
In
order for a prenuptial agreement to be valid in regard
to a marriage registered in Thailand it had to have been
signed by both parties, as well as two witnesses, and
must have been previously submitted to the local district
office. |
