Divorce is a significant legal step that formally ends a marriage. In Thailand, divorce can be relatively straightforward or complex, depending on the circumstances of the couple. Understanding the procedures, requirements, and types of divorce in Thailand is crucial to ensure a smooth and legally compliant process. This guide provides a comprehensive overview of how to apply for filing of divorce in Thailand, covering the legal framework, procedures, and important considerations.
Understanding Divorce in Thailand
Thailand recognizes two primary types of divorce:
- Uncontested Divorce (Administrative Divorce): This is the simplest and fastest form of divorce, where both spouses mutually agree to terminate their marriage.
- Contested Divorce (Judicial Divorce): This is required when there is no mutual agreement, and the divorce must be granted by the court based on legal grounds.
Both Thai nationals and foreigners married in Thailand, or whose marriages are legally recognized under Thai law, can file for divorce in Thailand.
1. Uncontested Divorce (Divorce by Mutual Consent)
Requirements:
- Both parties must agree to the divorce.
- The marriage registered in Thailand.
- There are no disputes regarding property division, child custody, or financial support, or such matters are agreed upon in writing.
Steps in Filing for Uncontested Divorce:
- Preparation of Documents:
- Original marriage certificate (Kor Ror 3).
- Identification documents (Thai ID card or passport).
- House registration documents (for Thai nationals).
- Prenuptial agreement or written agreements (if applicable).
- Visit to Local District Office (Amphur):
- Both spouses must be physically present at the district office.
- Submit the application for divorce to the district officer.
- Signing Divorce Agreement:
- If necessary, draft a divorce agreement specifying terms regarding property, custody, and support.
- The agreement must be in writing and signed before the registrar.
- Registration of Divorce:
- Once documents are approved, the divorce is registered.
- A divorce certificate (Kor Ror 6) is issued immediately.
Benefits of Uncontested Divorce:
- Fast and low-cost.
- No court appearances required.
- Immediate legal effect upon registration.
However, uncontested divorce is not available if the marriage was not registered in Thailand.
2. Contested Divorce (Divorce by Court Judgment)
When spouses do not agree on getting a divorce or on important matters like child custody or property division, a court action for divorce is necessary.
Grounds for Contested Divorce in Thailand:
The Civil and Commercial Code of Thailand provides several legal grounds for divorce, including:
- Adultery by one spouse.
- Misconduct causing shame or harm to the other spouse.
- Desertion for more than one year.
- Failure to provide proper maintenance.
- Separation for more than three years.
- One spouse suffering from incurable insanity for over three years.
- Irreconcilable differences.
Steps in Filing for Contested Divorce:
- Consultation with a Lawyer:
- It is strongly advised to hire a lawyer, especially in contested cases, to prepare and represent you in court.
- Preparation of Documents:
- Marriage certificate.
- Identification documents.
- Evidence supporting the grounds for divorce (photos, text messages, financial records, witness testimony).
- Filing a Complaint in Court:
- File a divorce complaint with the Family Court in the province where either spouse resides.
- Court Proceedings:
- The court will schedule hearings, during which both parties present their case and evidence.
- Witnesses may be called to testify.
- Court Decision:
- The judge will make a ruling based on the presented evidence.
- The court may also decide on related matters such as child custody, spousal support, and division of marital property.
- Registration of Divorce:
- After the court issues a judgment, the divorce must be registered at the local district office.
- A divorce certificate will be issued to finalize the process.
Duration and Cost:
- Contested divorce takes significantly longer, ranging from several months to over a year.
- Costs are higher due to legal fees, court costs, and possible additional expenses for investigations or expert opinions.
3. Important Considerations in Divorce
Property Division:
- In Thailand, property is divided into personal property (Sin Suan Tua) and marital property (Sin Somros).
- Personal property remains with the original owner, while marital property is usually divided equally unless agreed otherwise.
Child Custody and Support:
- In both uncontested and contested divorces, the welfare of the child is paramount.
- Custody can be sole or joint, and both parents may have visitation rights.
- Financial support for children is mandatory until they reach adulthood.
Alimony/Spousal Support:
- In some cases, one spouse may be ordered to provide financial support to the other, especially if that spouse is disadvantaged after the divorce.
Foreigners and Divorce in Thailand:
- If one or both spouses are foreigners, the same legal processes apply.
- For uncontested divorce, marriage must be registered in Thailand.
- For contested divorce, jurisdiction lies with the Thai Family Court, provided residency or marriage registration requirements are met.
4. Translation and International Recognition
For foreigners, it is often necessary to have the divorce certificate translated into their native language and legalized through the Ministry of Foreign Affairs in Thailand for use abroad. Some countries also require further certification from their embassy in Thailand.
Conclusion
Divorce in Thailand is governed by clear legal procedures designed to ensure fairness and protect the rights of both parties. An uncontested divorce is a faster and simpler option for couples who mutually agree to end their marriage, while a contested divorce involves court proceedings when disagreements arise. Understanding the legal requirements, filing procedures, and associated rights regarding property, children, and support is essential before applying for divorce in Thailand.
It is highly advisable to consult with a qualified Thai lawyer to guide you through the process, ensure all legal documents are in order, and protect your interests during this life-changing event. By following the correct procedures, individuals can navigate the divorce process in Thailand with clarity and confidence.
