Divorce in Thailand

Divorce in Thailand is the dissolution of marriage or bonds of matrimony, which usually entails the canceling of legal responsibilities and duties of the married couple ruled under the Thai Civil and Commercial Code (TCCC).

There are two categories of divorce in Thailand: uncontested and contested divorce. Each kind has separate legal processes and considerations when non-Thai citizens are involved.

Uncontested Divorce

Also known as an "administrative divorce," an uncontested divorce in Thailand is a procedure for marriages registered in Thailand (or at the Royal Thai Embassy) in accordance with the TCCC. The married couple must have also settled upon a divorce agreement with no disputes over any matter including alimony, child custody, and marital property sharing.

It should be noted that while not strictly necessary, one or both spouses should retain legal representation for an uncontested divorce. An experienced family lawyer in Thailand can facilitate the process to make a swifter resolution, and can draft and review the divorce agreement to ensure it is legally binding, satisfies the wishes of all parties, and does not lead to disputes in the future.

Requirements for an Uncontested Divorce

The requirements will vary depending on where the married couple chooses to divorce, but the married couple must be physically present when applying for an uncontested divorce at the District Office, also known as Amphur or Khet.

Generally, the married couple will need to bring the following documents for an uncontested divorce:

• Two sets of original addendums and certificates (Kor Ror 2 and Kor Ror 3)
• Identification card (Thai spouse)
• House Registration or Tabian Baan (Thai spouse)
• Passport (Foreign spouse)
• Legalized translation of passport by the Ministry of Foreign Affairs (Foreign spouse)

Contested Divorce

Also known as a "judicial" or "court divorce," a contested divorce in Thailand requires litigation in court and occurs in the following cases:

• The marriage is not registered in Thailand
• The uncontested divorce is not recognized by the foreign national’s country
• Both spouses are against or cannot settle upon the divorce agreement

Requirements for a Contested Divorce: Legal Grounds and Necessary Documents

The laws in Thailand dictate that in order to file for a contested divorce through a Thai court, the filing party must have legal grounds for divorce.

The main grounds for filing for a divorce in Thailand:

• One of the spouses has committed adultery, has regular sexual intercourse with another party, or has honored someone else as their husband or wife.
• One of the spouses is guilty of misconduct, whether it be criminal or otherwise.
• One of the spouses has caused serious bodily or mental harm to the other or has seriously insulted the other or their ascendants.
• One of the spouses has deserted the other for over one year.
• One of the spouses has been sentenced to imprisonment for more than one year without the participation, consent, or knowledge of the other, and cohabitation as a married couple will cause the other party to sustain excessive injury or trouble.
• One of the spouses has left their residence or domicile for more than three years, without certainty as to whether they are living or dead.
• 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 disadvantage that permanently prevents them from living together as a married couple.
• Both spouses have mutually agreed to live separately because they cannot live together harmoniously for more than three years.

There are also several documents that must be submitted to the Thai court when filing for a contested divorce such as:

• Photocopy of marriage certificate
• Photocopy of identification card (Thai spouse)
• Photocopy of House Registration or Tabian Baan (Thai spouse)
• Photocopy of passport (Foreign spouse)
• Photocopy of children’s birth certificates (if any)
• Evidence proving the ground(s) for divorce

How to File a Contested Divorce in Thailand

Divorce Case Preparation
The aggrieved party in the marriage will file a petition to the court. The Plaintiff must identify the grounds for the divorce. It is important to know how the ground can be substantiated through evidence. With the help of a divorce lawyer, the petitioner will know if he or she has enough evidence to prove his claims against his spouse or not. Remember that the case must be able to stand alone even if the spouse is willing to admit the allegations, or if planning to contest the petition.

File the Case for Divorce and Payment of Court Fees
Once the pleading is ready, the Plaintiff together with his Thai family lawyer may file the case in the appropriate Family Court. The court fees have to be paid before the case is docketed. If the petition for divorce is accompanied with claims on marital property, the court fees shall be computed at 2% of the total amount of the claim. Another fee to be paid is the Court Delivery fee; for the delivery of the summons to the Respondent. The amount for the delivery may vary depending on the location of the Respondent. Expenses for the conduct of the hearings are charged against the court fees. Less number of hearings mean less deductions on the fees paid. Any remainder from the court fee is returned to the Plaintiff 30 days after the judgment is rendered.

Service of Summons for Divorce
Service of Summons is done in order for the court to have jurisdiction over the person of the Respondent. It also complies with the requirement of Due Process where a Respondent is given the opportunity to understand the case/s filed against him.

If within Thailand, service of summons may be done through personal service or registered mail. Depending on how the Summons is served, the Respondent is given a certain number of days to file his answer to the complaint.

Order of Default and the Default of Judgement
Within the given number of days, the Respondent must submit his or her Answer to the Complaint filed against him before the Thai court. Failure to do so may allow the Plaintiff to file a motion in court to declare Respondent/Defendant in default and the respondent may lose all future opportunity to defend himself on the allegations made against him in the divorce case. He or she can no longer submit documents or give testimony opposing the claims of the petitioner/plaintiff.

Appearance at the Juvenile Observation and Protection Center
If the divorcing husband and wife have common children of minor age, they are called to make a mandatory appearance before the Juvenile Observation and Protection Center (also called the Juvenile Court). During the appearance, both parents and the children are invited to meet with the officer to discuss how the children's welfare shall be protected if the divorce is granted.

The Divorce Pre-trial
The Pre-Trial is the first opportunity for husband and wife and their counsels to meet in trial court. The main purpose of the pre-trial is to determine the issues to be heard during the course of the hearing-proper. It is also the time for the parties to settle their differences, or for the erring party to admit to the allegations. During this process, the parties may also present to the court a Compromise or Settlement Agreement related to the sharing of child custody and marital property. If the Judge finds the Agreement to be fair and voluntarily entered into by the parties, it may order the conclusion of the case and make a judgment based on the Agreement of the spouses.

The Hearing Proper
If no settlement is reached by the parties during the Pre-Trial, it will be followed by the proper hearing on the divorce case. The Hearing is usually scheduled within 60 days from the filing of the complaint.

Evidence and testimony from either or both parties will be accepted and heard by the court. On the basis of the submissions and the testimony presented, the Judge makes a decision on whether or not the chosen ground for divorce exists, along with the issues on child custody sharing, child support and marital property.

The Judgment
The decision judgment is released days or weeks after the submission of the last pleading or hearing in court. It reaches finality if no timely appeal is taken by either or both parties to the case within 30 days after the Judgment has been read.

See more detailed information on Contested Divorce in Thailand

Key Considerations Before Filing for Divorce in Thailand

Here are a few things to keep in mind before filing for a contested or uncontested divorce in Thailand:

Can a foreign citizen receive land in Thailand as part of the divorce settlement or judgment?

Though partial or business ownership of land is possible in Thailand, foreigners cannot fully own land under their name, even if they are married to a Thai national, as stated in the Land Code Amendment Act (1999). When foreigners buy land during marriage, the Land Department will require them to sign a legal document stating that the land has a separate legal personality and is a non-marital property. Because of this, only the Thai spouse will obtain ownership of the land when divorce takes place.

However, if the foreigner is able to provide evidence proving that the land was bought with personal funds and that it should be considered marital property to the court, the land will be sold and the earnings of the sale will be equally divided between the spouses. Also, if the foreigner entered into a lease agreement with their spouse when their land was acquired, this lease agreement will not be affected by the divorce.

Does Thai law require alimony to be paid?

According to Thai law, alimony is referred to as the "maintenance" one party must give another for a variety of reasons. If the former spouse openly requests financial support, alimony must be considered in the divorce agreement. In a contested divorce, alimony will be decided by the settlement agreement made during the legal proceedings or by a court order.

If my Thai spouse and I divorce, can I keep my marriage visa?

No. If you go through a divorce, any marriage visa is voided and you must immediately find a new visa solution.

Contact Siam Legal International

If you are going through a divorce in Thailand, contact the expert, bilingual family lawyers at Siam Legal International. We’re a full-service law firm with over 20 years of experience helping foreign clients achieve swift and favorable resolutions to their divorce proceedings in Thailand with compassion and diligence.

If you have agreed to an uncontested divorce, our family law team will help you gather all the right documents, review your divorce agreement for accuracy and legality, and present your case to the District Office or Thai Embassy where you had registered your marriage. Our expert services will ensure a smooth transition to the next stage of your family’s lives.

However, if your divorce is contested, we will guide you through every step of the process and do what it takes to ensure a favorable outcome. Our legal services include but are not limited to:

• Identifying the grounds for divorce
• Gathering evidence to strengthen your case
• Representing you in court proceedings
• Fight for your preferred child support and child custody arrangements
• Negotiate alimony and maintenance payments

We aim for the best possible outcome for you and your family, so contact Siam Legal today and get the legal services you need to swiftly move on with your life.