Divorce in Thailand can be complicated and costly. Thailand Family court only recognises a Thai legal marriage in which common-law relationships or cohabitation are not in any form a legal bond to be considered. In situations where couples are on its way in separation and in ending their marriages, there, it proves that prenuptial agreements are indeed a good thing to which you can see and know how things would go at the event of divorce. This is recognised in Thailand for registered marriages.
Divorce in Thailand
Divorce in Thailand is a formal action and process on terminating a legal marriage, thus, it is the end of a marriage. There are 12 grounds for divorce listed in Section 1516 of the Civil and Commercial Code. One amongst 12 should be proved.
There are two ways in which a divorce can be processed.
1. Divorce on mutual consent (uncontested divorce)
This is mutually agreed upon by the husband and the wife as the cause of divorce. You will be freely able to process a divorce at any district office, as these offices are responsible not only for marriage registrations, but, as well as, divorce processes for couples on mutual consent. With this, there no need to go back to the office where you got married, neither where your wife’s hometown is, divorce ca be made possible at any district office at your convenience. Always check with the district office for any additional requirements needed.
It is important to pay attention that at the time of divorce process, the 2 sets of original marriage certificates shall be presented. And both must be present at the time of divorce. If ever marriage certificates are lost or damaged, a police certificate of such should be filed and presented as proof of not having the documents on hand at the time of divorce.
Before you go and do the process, both of you should have fully discussed and agreed on how to settle or divide all assets, custody rights for any children, and any alimony, especially if there is no prenuptial agreement done at the time of marriage. This should be stated clearly not to cause any conflicts in the future.
Witnesses shall be required, 2 of which can be from your family or a friend to acknowledge being present at the time of your divorce.
It is ones advantage if both has mutually consent the divorce as it is less stress, less hassle and inexpensive compared to doing it on court.
2. Divorce by judgement of the court (contested divorce)
This is the type of divorce wherein the Thai Family Court is involved. If it cannot be agreed upon between the both of you, then you will need to go to Thai family court. It is being evaluated and it requires more time, a few court appearances and one must be represented by a Thai lawyer.
It is in reality a sad situation wherein couples are not ok and the other party does not agree in divorce. At any point, issue may also arise if the other party just disappeared and cannot be contacted. The other party is left behind, thus, no choice, but file for a divorce. Take advice when considering a divorce in Thailand.