Divorce in Thailand
Getting Divorce in Thailand
Divorce in Thailand is the dissolution of marriage or the bonds of matrimony which usually entails the cancelling of the legal responsibilities and duties of the married couple ruled under the Thai Civil and Commercial Code. The divorce rate in Thailand has jumped over the decade, from 27% in 2006 to 39% in 2016. More than a third of Thai couples who registered their marriage in 2016 filed for divorce in Thailand during that same year.
There are 2 types of divorce in Thailand. These are Contested Divorce which tend to be very costly and then there is the Uncontested Divorce which is a cheaper cost and are normally called Administrative Divorce or Divorce by Mutual Consent. Consult with a Thailand Divorce Lawyer for legal advice before signing any agreement in regard to your divorce in Thailand.
Uncontested Divorce in Thailand
An uncontested divorce is the administrative form of divorce in Thailand. It is a divorce by mutual consent and it is preferred because it is swift and straightforward. For this type of Thai divorce, parties do not need to have a ground to sever their marriage. Their mutual agreement to end the marital consortium is enough. The husband and wife must be physically present when applying for an uncontested divorce. It is conducted at the local registration office which is known as the amphur, amphoe or khet.
Requirements for Uncontested Divorce
The main requirement for the Uncontested Divorce in Thailand or the administrative Thai divorce is the legal registration of the marriage in Thailand and it was duly registered in accordance with the Thai Civil and Commercial Code. The documents to be submitted are as follows:
If returning to the same district office:
▪ The two original marriage certificates
▪ Original ID card for the Thai national
▪ Thai party’s Tabien baan (household registration booklet or blue book)
▪ Original passport for the foreigner
If divorcing in an amphur or district office different from where the marriage is registered:
▪ The two original marriage certificates
▪ Original ID card for the Thai national
▪ Thai party’s Tabien baan (household registration booklet or blue book)
▪ Original passport for the foreign national
▪ Legalized translation of the foreigner’s passport copy
Contested Divorce in Thailand
Contested divorce is judicial or court divorce. One party to the marriage is given recourse to go to the courts to end his/her marriage if any of the grounds provided under Thai Law is attendant. This is usually available if there is a definite ground for divorce but only one of the parties is
amenable to ending the marriage, or if one party has been absent, and the absence has been a detriment to the other. Another reason to have this divorce is if there are disagreements on child custody and marital property sharing which the parties cannot settle by themselves, and the court's intervention is necessary to put an end to the marriage and the accompanying issues. Contested divorce is also the remedy of some couples who have not registered their marriage in Thailand but have been residing or working in Thailand for a reasonable length of time.
Grounds for Divorce in Thailand
In the case that the husband and wife are not able to agree on the terms and conditions of divorce set out by the other party, the other party can file a divorce petition on the grounds given in the Civil and Commercial Code at the relevant Court as scheduled in Section 1516 of the Civil and Commercial Code. The grounds for divorce are as follows:
1. one spouse has given maintenance to or honoured another person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce.
2. one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offense or not, if it causes the other:
▪ to be seriously ashamed;
▪ to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
▪ to sustain excessive injury or trouble where the condition, position, and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;
3. one spouse has caused serious harm or torture to the body or mind of the other or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
4. one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
▪ one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offense committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party to sustain excessive injury or trouble, the latter may enter a claim for divorce;
▪ The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
5. one spouse has been adjudged to have disappeared or has left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
6. one spouse has failed to give proper maintenance and support to the other or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position, and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
7. one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
8. one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
9. one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
10. one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce. Send
