Divorce in Thailand: Laws, Procedures & Legal Guidance

Divorce in Thailand: Laws, Procedures & Legal Guidance

Marriage can be difficult, and divorce is a challenging chapter in anyone’s life, but navigating it in a foreign country like Thailand can present additional complexities. The cultural differences can bring a rift that hinders the couple’s relationship, and in most cases, the relationship becomes distant. In other cases, one’s behavior might be the trigger that ruins the relationship.

This guide aims to explain the process of divorce in Thailand for foreigners, shedding light on the different types, legal procedures, and available resources to help you navigate this transition smoothly.

Understanding Divorce Laws in Thailand

Under Thai law, there are 2 main avenues for navigating divorce, namely “uncontested” and “contested” divorce. If both parties mutually agree to the divorce and its terms, they can simply file for dissolution at the Amphoe office where their marriage was registered. However, if there is no agreement, the divorce process becomes significantly more complex and challenging.

1. Uncontested Divorce (Administrative Divorce)

An uncontested divorce, also known as administrative divorce, is the simpler and faster option. It is applicable when both spouses agree to the divorce and its terms, including the division of assets, child custody, and alimony (if any). It is finalized at the local district office (Amphoe). The married couple does not necessarily have to provide reasons for divorce; they only need to be presented at the Amphoe to express their mutual consent.

Upon finalization of the divorce, the Amphur will issue a divorce certificate. However, specific actions are required for each spouse:

• Foreign Spouse: The divorce certificate must be officially translated into English and legalized by the Ministry of Foreign Affairs before it can be registered at the respective embassy.
• Thai Spouse: The Amphoe, where the Thai national’s birth was registered, must be notified of the divorce.

2. Contested Divorce (Judicial Divorce)

A contested divorce is filed when spouses cannot agree on the terms of divorce. The Central Juvenile and Family Court in Thailand will be the main entity to provide judgement and dissolve this lawsuit. This process involves legal proceedings to determine the division of assets, child custody, and other issues.

Contested divorces can be complex and emotionally draining. However, they are necessary when spouses have irreconcilable differences regarding the terms of the divorce. There are 4 occasions when contested divorces are available, which are:

• If a marriage is not registered in Thailand, couples must pursue a contested divorce through the Thai court system. The court will consider an unregistered marriage when at least one spouse is a Thai national, at least one spouse has been working in Thailand for a significant period and holds a valid work permit, and at least one spouse is a permanent resident of Thailand.
• Only one spouse desires a divorce, despite grounds for dissolution.
• An agreement regarding child custody or division of marital property cannot be reached.
• The foreign national’s home country does not recognize uncontested divorce. 

Grounds of Filing for a Divorce in Thailand

Section 1516 of the Civil and Commercial Code outlines the primary grounds for divorce in Thailand, which include situations where one spouse:

• Engages in extramarital affairs, providing maintenance or honoring another person as their spouse.
• Is guilty of misconduct, regardless of whether it constitutes a criminal offense.
• Causes serious harm or torture, either physically or mentally, or gravely insults the other spouse or their family.
• Abandons the other spouse for over a year.
• Disappears or leaves their residence for over three years without any known whereabouts.
• Fails to provide proper financial support or maintenance.
• Suffers from incurable insanity for more than three years, making the continuation of the marriage unreasonable.
• Breaches a bond of good behavior.
• Suffers from an incurable, communicable, and dangerous disease.
• Has a physical disability that permanently prevents them from fulfilling marital duties.

How to File a Contested Divorce in Thailand

If you are considering a contested divorce in Thailand, here are the general steps involved: 

1. Consult a Lawyer
   It is highly recommended to seek legal counsel from a Thai lawyer specializing in family law. They can guide you through the process, prepare documents, and represent your interests in court.
   
2. File a Divorce Petition
   Your lawyer will file a divorce petition with the Family Court, stating the grounds for divorce and your desired terms.
   
3. Court Proceedings
   The court will hold hearings where both spouses present their cases. Evidence and witnesses may be called upon.
   
4. Court Decision
   The court will make a final decision on the divorce, including the division of assets, child custody, and alimony.

Divorce Agreement

Whether the divorce is contested or uncontested, a well-drafted divorce agreement or settlement agreement is crucial. This legally binding document outlines the terms of divorce, including:

• Division of marital property and assets
• Child custody and visitation rights
• Child support and alimony (if applicable)
• Other relevant terms (e.g., division of debts)

Having a clear and comprehensive divorce agreement can help avoid future disputes and protect your interests.

Resolving Divorce Through Alternative Dispute Resolution (ADR)

ADR methods, such as mediation, can be a less adversarial and more cost-effective way to resolve divorce-related issues. In mediation, a neutral third party (the mediator) facilitates communication between the spouses, helping them reach mutually agreeable solutions.

Divorce in Thailand for Foreigners

The divorce process for foreigners in Thailand can be more complicated, especially if the marriage is not registered in Thailand. It is crucial to seek legal advice early on to understand the specific requirements and procedures that apply to your situation.

Important Considerations:

• Language Barrier: If you don’t speak Thai, hiring a lawyer is essential for translation and legal representation for both divorce mediation and litigation.
• Cultural Differences: Thai family law and cultural norms may differ from those in your home country.
• Documentation: Ensure you have all necessary documents, such as marriage and birth certificates, translated into Thai.

Thai Arbitration Center (THAC): Your Partner in Dispute Resolution

If you are seeking expert assistance in resolving divorce-related disputes in Thailand, the Thai Arbitration Center (THAC) is a valuable resource. THAC provides mediation and arbitration services, offering a neutral and confidential platform for couples to reach mutually agreeable solutions. Their experienced professionals can guide you through the process, ensuring a fair and efficient resolution.

Contact THAC today to learn more about our divorce mediation services and uncover a peaceful resolution: thac.or.th/contacts/

About THAC

As an international arbitration institution, THAC specializes in providing effective and impartial dispute resolution services. Our team of seasoned arbitrators and mediators brings a wealth of experience to the table, ensuring that your business disputes are handled with the utmost expertise and professionalism.

If you have questions about our arbitration services or any other legal services, please get in touch with us at:

Email: [email protected] 

Call: +66 (0)2018 1615

THAC is looking forward to helping you.