How to Start a Divorce in Thailand

Depending on the nature of your divorce, starting a divorce in Thailand requires different steps and documents to be submitted. To ensure you achieve your desired outcome after your separation, it's important to understand the types of divorces in Thailand, what’s needed to initiate a divorce, and how to complete one while mitigating as many problems as possible.?

With this information, you can avoid costly missteps during the divorce process that might put your property or family in jeopardy.?

Types of Divorces in Thailand

Two types of divorces exist under Thai law. Which one you initiate depends on if your spouse agrees to the divorce and your terms.?

• Uncontested Divorce in Thailand: This occurs when both you and your spouse mutually consent to the divorce with no objections on its terms regarding the division of property, child custody, and any alimony payments. It is also known as an administrative divorce.
• Contested Divorce in Thailand: This is when either you or your spouse does not agree to the divorce, either because they do not wish to divorce or due to a disagreement on the terms of the divorce. It is also known as a judicial divorce.?

Uncontested Divorce

This is by far the faster, simpler, and less expensive option. However, there are certain requirements you need to fulfill for your divorce to be classified as uncontested. These involve:

• You and your spouse must come to an agreement on the divorce without raising any objections.
• You must have legally registered your marriage in Thailand.
• Both you and your spouse need to be physically present at the Local District Office (also known as an “Amphur” or “Khet”) to finalize the divorce.

Required Documents for an Uncontested Divorce in Thailand

Before any papers can be signed, you and your spouse will need to provide the following documents:

• Two marriage certificates (one from yourself, the other from your spouse).
• If you or your spouse is a Thai national, a Thai ID Card and house registration booklet are needed.
• If you or your spouse is a foreign national, a passport and a legalized translation of said passport by the Ministry of Foreign Affairs is required.
• A divorce agreement in writing (in English and Thai if one party cannot read Thai) drafted by a lawyer that clearly lays out the terms of the divorce.

Filing an Uncontested Divorce

Once your Thai divorce lawyer has drafted your divorce agreement and reviewed it along with all of your other documents, they will help you ensure it is filed following legal protocol. This must be done at the local district office.?

Contested Divorce

A contested divorce happens when you and your spouse cannot come to a mutual agreement over the divorce. These can involve disagreements over child custody, asset ownership, distribution of marital property, child support, and more. Your spouse might want to continue negotiating the terms or they may feel that terminating the marriage based on your given reason is unfair.?

However, a disagreement is not the sole reason why a divorce must be a contested or “court” divorce.?

Contested divorces can also occur because of the following reasons:

• The marriage was not registered in Thailand.
• An uncontested divorce is underway but has not been recognized by the home country of the foreign spouse.

If a prenuptial agreement has been signed before your marriage registration, it can supersede any divorce agreement and prevent contested divorce from happening. This is because a prenuptial agreement clarifies what should happen to property and assets in the event of a divorce, both mutually agreed upon by you and your spouse.

But if the prenup does not cover certain aspects of your divorce, is not legally binding due to incorrect drafting, or there are extenuating circumstances surrounding your divorce, a contested divorce may proceed regardless.

Justifying a Contested Divorce

Completing a contested divorce in Thailand is more difficult and time-consuming than an uncontested divorce. Furthermore, this kind of divorce can only succeed under certain legal circumstances.?

If you are the party initiating the divorce, you have to provide substantial evidence as to why the marriage should end despite your spouse opposing it. You can justify dissolving a marriage based on a list of acceptable grounds for divorce in Thailand, which include:

• Your spouse has committed adultery, has had an affair with someone else, or has married another partner.
• Your spouse has been accused of misconduct or has committed a criminal act.
• You have been physically or mentally abused by your spouse.
• Your spouse has deserted you for over a year.
• Your spouse has been imprisoned for over a year and any cohabitation between them and yourself poses a threat to your health and well-being.
• Your spouse has abandoned their residence for over 3 years without you having any knowledge about it.
• Your spouse has broken their promise to be on good behavior, jeopardizing your safety as a result.
• Your spouse is suffering from an incurable, contagious, and life-threatening disease that puts your physical health at risk.?
• Your spouse is suffering from a physical disability that prevents you from cohabitating peacefully with them.
• Both you and your spouse have come to a mutual agreement to live separately for at least 3 years, due to the inability to live together in peace.?

Required Documents for a Contested Divorce in Thailand

To proceed with a contested divorce, there are certain documents you and your spouse need to provide to the court:

• A copy of your marriage certificate
• A document highlighting the legal grounds for filing the divorce
• If you or your spouse is a Thai national, then copies of a Thai ID card and house registration are required
• If you or your spouse is a foreign national, then copies of a foreign passport are needed
• If you have any children, you will need to provide copies of their birth certificates

The Importance of Hiring a Thai Family Lawyer

Filing a contested divorce involves complicated procedures and arguing a case in court with the backing of sufficient evidence. Further complicating the situation is the fact that all court proceedings are conducted in the Thai language. As such, it is even more vital to retain the services of a family lawyer when going through a contested divorce.?

A reliable lawyer will review your case and the legal grounds to ensure a favorable ruling from the court. They will also keep you abreast of any developments in your case, and guide you through each of the many stages of your divorce hearings to ensure you don’t miss anything. A mistake at a key step could lead to court penalties or an unfair outcome.

Filing a Contested Divorce

After consulting the services of a divorce lawyer and having all the required documents ready, you need to undergo a long process to file a contested divorce. Because you are the person petitioning the divorce, you will have to take up the role of the “plaintiff”.?

1. As the plaintiff, you have to review the strength and legitimacy of your evidence to justify the grounds for divorce. Work with a lawyer and check if it builds a strong enough case against your spouse.?
2. With the plan set in place, consult the Thai Juvenile and Family Court and pay the required fees. There are two payments you need to make:?
3. Eventually, you will receive a notification summoning your spouse (who will assume the role of respondent) to the court. If residing outside Thailand, the respondent must respond to such accusations through mail or other international channels.
4. The court will inform the respondent of the charges against them, giving them the chance to defend themselves. Failure to provide a response in time will prevent the respondent from being able to protect themselves from allegations made against them.?
5. The court will host a pre-trial, allowing you to present the grounds for divorce and your spouse to respond to any accusations leveraged against them before the hearing. During the pre-trial, you and your spouse can also reach a common ground on the contested issues.?
6. If you and your spouse have come to a compromise during the pre-trial, the judge will evaluate it and determine if the agreement is fair. If no settlement has been reached, a hearing will follow suit.?
7. At the hearing, the court will review all the evidence you provided and opposing statements from the respondent. The judge will then decide on the overall outcome of the divorce case.?
8. The judge will make their final decision. This can last days or even weeks after the last hearing was adjourned. If there is no appeal made within 30 days after a decision has been made, the judge will finalize the outcome.?

It should be noted that if children are involved, you, your spouse, and your children will need to make an appearance at the Juvenile Observation and Protection Center (Juvenile Court). The court will discuss with you and your spouse how your child’s welfare will be secured if the divorce case is approved.

Contact the Reliable Divorce Lawyers at Siam Legal International

Once you are ready to put your divorce plans into motion, reach out to Siam Legal’s Thai family lawyers to ensure a swift and seamless experience that minimizes your stress and unnecessary expenses. Our firm has been in operation for over 20 years now, and our team of experienced divorce lawyers has successfully assisted locals and foreigners alike achieve a favorable outcome for their divorces.?

We have the experience and knowledge to draw up your divorce agreement while making sure all the terms and conditions listed adhere to legal standards in Thailand. Siam Legal’s experts will also prepare all required documents, review your case and evidence, and fight for your rights and property in court if necessary.?

Our reliable divorce lawyers will ensure you can achieve the best outcome possible for your divorce case and help you move on from this unfortunate event. Contact Siam Legal today to get started.