Is Divorce Common in Thailand?

Divorce in Thailand has become increasingly common throughout the last decade, as the public’s view of this legal process has gradually changed over the years. In this article, we look into the current state of divorce in Thailand and the possible reasons for its increasing social acceptance.

The divorce rate in Thailand jumped from 27% in 2006 to 39% in 2016, and more than a third of the couples who had registered their marriages in 2016 had filed for divorce in the very same year.

Though further information on the current statistics of divorce from 2016 onwards has yet to be released, evidence suggests that divorce in Thailand has become a common occurrence due to society’s constantly evolving perception of the matter and the government’s decision to ease the divorce process.

Reasons Why Divorce is Rising in Thailand

There are many common reasons for divorce in Thailand, including:

• Financial Instability
• Infidelity
• Poor Communication
• Differing Values and Expectations
• Personal Problems

However, none of these reasons can be labeled as the primary cause of the rising divorce rate. Rather, it is more likely the conditions surrounding divorce in Thailand that have encouraged more people to go through this process who might otherwise not.

Simpler Divorce Processes

In Thailand, there are two types of divorce procedures: contested divorce and uncontested divorce. Between these two, uncontested divorce has become a popular choice as it is swift, straightforward, and with few complications. Still, updates to Thai law have also made contested divorces easier as well, contributing to the trend.

Uncontested Divorce in Thailand

Unlike a contested divorce where the couple would need to go to court with grounds supporting why they want to separate, an uncontested divorce only requires the couple to register their divorce at the same District Office (Amphur or Khet) where they had registered their marriage. The couple must provide a signed legal agreement that lays out the division of their marital property, child custody, child support, and alimony. The rise in popularity of prenuptial agreements in Thailand also makes this process swifter and smoother.

Once the requirements have been met, the entire process only takes between 1 to 3 days to complete.

Whereas in the past, in Thailand and abroad, couples needed to show appropriate reasons for their divorce. Nowadays however, modern Thai society understands that people should have the freedom to end their marriages if they both agree.

Contested Divorce in Thailand

In the past, it was difficult to file for a contested divorce in Thailand, also known as a court divorce, as it could only be done under specific situations. The court would only accept a small number of grounds for divorce, making it difficult or even impossible for a spouse to separate from their marriage, even if there was evidence of abuse.

Now, it has become easier to initiate a divorce without the other spouse’s consent, as the legal grounds for divorce were expanded. Either spouse can choose to file for a contested divorce and enlist the court to force an end to a bad marriage, so long as they are able to prove at least one of the grounds for divorce.

Below is a list of the grounds for divorce in Thailand:

• One of the spouses has honored someone else as their husband or wife, has regular intercourse with another, or has otherwise committed adultery.
• One of the spouses is guilty of misconduct (criminal or otherwise).
• One of the spouses has deserted the other for over a year.
• One of the spouses has left their residence or domicile for no less than three years and it is unclear whether they are still living or dead.
• One of the spouses has caused the other serious mental or bodily harm or has seriously insulted the other or their ascendents.
• One of the spouses has been sentenced to imprisonment for no less than one year without the participation, knowledge, or consent of the other, and cohabitation as a married couple will cause excessive trouble or injury to the other party.
• One of the spouses has broken a bond of good behavior.

• One of the spouses is suffering from an incurable, communicable, and dangerous disease that may cause injury to the other.
• One of the spouses is suffering from a physical disability that permanently prevents them from living together as a married couple.
• Both spouses have mutually agreed to live separately from one another because they cannot coexist harmoniously for more than three years.

So, the rise of divorce in Thailand can be partially attributed to more people being able to divorce, as opposed to more people wanting divorce.

Thai Dowry

Another contributing factor is the fall in popularity of the Thai dowry system, a traditional practice that persists today but is largely for show. In the past, and unfortunately today in some cases, women were seen as “less valuable” if they have been through a divorce, and especially if they have children from a previous partner. This reduced or even eliminated the dowry requirement for the groom, further stigmatizing divorce.

But as this practice continues to be relegated to a formality, divorce becomes less daunting as more progressive Thais understand that divorce is common and natural. When they understand that their prospects of finding another partner are not damaged by divorce as they once were, they are more likely to follow through with a separation.?

Contact Siam Legal International

If you are considering or going through a divorce, retain the services of Siam Legal International. As a full-service law firm with over 20 years of experience in helping clients from all around the world with their family cases in Thailand, our team of family lawyers is more than qualified to help you through this difficult time and settle upon a favorable outcome. Our family services include but are not limited to assistance with:

• Uncontested divorce and contested divorce
• Child custody
• Child support payments
• The division of marital property in Thailand
• Prenuptial agreements

Whether you are going through a contested or uncontested divorce, we will handle your case with care and compassion, doing whatever it takes to grant you peace of mind and a brighter future.

Should you have any further questions regarding divorce in Thailand, do not hesitate to contact Siam Legal.