If you have a marriage in Thailand and you want to end it, you need to know the divorce requirements. These requirements vary depending on the type of divorce that you are seeking.
Divorce by mutual agreement (uncontested divorce):
This is the simplest and quickest way to get a divorce in Thailand. In order to file an uncontested divorce, both spouses must be present and agree to the terms of the divorce. You should also bring your original marriage certificate and government identification documents to the Amphoe when you obtain the divorce.
A mutually consented divorce is a marriage that has been terminated without dispute and both parties have agreed on all matters related to the divorce such as property, children, and child custody. This type of divorce is typically used by Thai couples, because it avoids further conflict and helps the couple avert potential issues with their children and other family members.
Division of marital property in a Thai divorce:
When a couple gets a divorce in Thailand, all the assets and properties that the couple has acquired during their marriage will be divided equally between them. However, this is only possible if both spouses have followed the separate property principle and if there is a prenuptial agreement in place.
Section 1533 of the Civil and Commercial Code states that “all property of husband and wife, jointly owned or acquired by them during the marriage, shall be divided equally between them upon dissolution of the marriage” and is based on the separate property principle. In addition, the debts incurred during the marriage will be shared between the couple as well.
Divorce by court order:
A divorce that is initiated through the court system in Thailand will take longer and more expensive. It will require several court appearances and the presence of a lawyer. This type of divorce is best for couples that were married outside of Thailand or have been living in Thailand for a long period of time.
The grounds for divorce in Thailand are as follows:
1. Desertion of the Husband or Wife:
A husband or wife who has deserted or abandoned his/her spouse can file for a divorce on this ground.
2. Extramarital Affair:
Another ground for divorce in Thailand is when one spouse has a partner who is not the other spouse and has committed adultery.
3. Financial Support:
A spouse who has been deprived of maintenance or support from his/her spouse may be eligible to file for a divorce in Thailand on this ground.
A foreign spouse who is in Thailand can file for a divorce on this ground and will be awarded alimony if the other spouse is in default.
5. Child Custody and Support:
A couple who has reached a settlement on child custody and support can register their agreement at the district office. A court will then make the final judgment regarding these issues based on Thai law and the specific circumstances of the case.