Contested divorce in Thailand: navigating a complex process

What are the grounds for a contested divorce in Thailand?

In Thailand, a contested divorce is necessary when the spouses cannot agree on the terms of their separation. Unlike an uncontested divorce, where mutual agreement facilitates the dissolution, a contested divorce requires one party to present valid grounds for the divorce to the court. Under the Thai Civil and Commercial Code (CCC), several legally recognized grounds justify a contested divorce, including:

Adultery or infidelity in contested divorce in Thailand 

Infidelity is one of the most common reasons for seeking a contested divorce. If one spouse can prove that the other has engaged in an extramarital affair, it forms a valid basis for the divorce.

Desertion

When one spouse abandons the marital home for over a year without intent to return or if the couple has lived separately for at least three years, desertion can be cited as grounds for divorce.

Domestic violence or abuse in contested divorce in Thailand

Physical, psychological, or emotional abuse also constitutes valid grounds for a contested divorce. Evidence such as medical reports, witness statements, or police records can support this claim.

Neglect or failure to fulfill marital obligations

When a spouse fails to perform marital duties, such as financial support or emotional commitment, this can be grounds for a contested divorce.

Each of these grounds must be substantiated with concrete evidence, as the court carefully evaluates all claims in contested divorces. The burden of proof lies with the spouse filing the petition, making it crucial to gather thorough documentation to strengthen the case.

How does the contested divorce process unfold in Thailand?

The contested divorce process in Thailand follows a structured legal pathway, encompassing several essential stages. These steps include the filing of the divorce petition, preliminary hearings, evidence presentation, and final judgment.

Filing the divorce petition for the contested divorce in Thailand 

• Submission of the petition: The contested divorce process begins with filing a divorce petition in the appropriate court. The petition should specify the grounds for divorce, providing a clear basis for the requested dissolution.
• Legal representation: Given the complexities of contested divorce proceedings, it is advisable to hire a lawyer experienced in Thai family law. Legal counsel is invaluable for drafting the petition, structuring the case, and preparing the necessary documents.

Summons and initial hearing

• Summoning the spouse: After the petition is filed, the court issues a summons for the other spouse, notifying them of the case and requiring their appearance in court. The respondent can then either contest or agree to the divorce.
• Preliminary hearing: At the initial hearing, the court assesses the validity of the grounds cited. If the court finds the reasons sufficient, it will proceed with setting dates for further hearings, where both parties will present their arguments and evidence.

Hearings and presentation of evidence

• Evidence and witnesses: Both parties present their evidence to support their claims. This could include documents, digital records, witness statements, or any other material relevant to proving the grounds for divorce.
• Cross-examination: During the hearings, each party’s lawyer may question the witnesses and examine the evidence submitted by the opposing party. Cross-examination plays a pivotal role in contested divorce proceedings in Thailand, as it can validate or discredit key testimony.

Issuance of the divorce judgment

• Deliberation and ruling: After reviewing the evidence and arguments from both sides, the judge delivers a ruling. If the grounds are substantiated, the judge will grant the divorce, specifying terms for child custody, property division, and alimony. If not, the court may dismiss the case.

What rights do spouses hold in a contested divorce in Thailand?

Contested divorces in Thailand entail specific rights and obligations for each spouse, particularly regarding financial support, property distribution, and child custody. Key rights include:

Right to alimony in the contested divorce in Thailand 

The court may order one spouse to pay alimony to the other, depending on their financial situation, needs, and family responsibilities.

Division of marital assets

According to the CCC, assets acquired during the marriage are considered marital property and are subject to equitable division. Both parties must disclose all relevant assets to enable a fair division.

Custody and visitation rights

If the couple has children, the court determines custody arrangements based on the child’s best interests. The judge may grant sole or joint custody and specify visitation rights for the non-custodial parent.

Right of appeal

If a party disagrees with the court’s decision, they have the right to file an appeal within a specified timeframe, usually within 30 days of the judgment.

How are marital assets divided in a contested divorce in Thailand?

The division of assets is often one of the most contentious aspects of a contested divorce. The Thai Civil and Commercial Code distinguishes between personal property and marital property:

Personal property in the contested divorce in Thailand 

This includes assets acquired before the marriage or through inheritance. Personal property remains with the respective spouse after divorce.

Marital property

Assets acquired during the marriage, including real estate, vehicles, and financial accounts, are typically considered marital property and are divided equitably. However, the court may consider each party’s contributions to the marital estate and adjust the division accordingly.

What are the timeline and costs associated with a contested divorce in Thailand?

A contested divorce in Thailand can be a lengthy and costly process, depending on various factors such as the complexity of the case, the availability of evidence, and the level of dispute between the spouses. Generally, contested divorces take several months to over a year to resolve.

Evidence collection

Gathering evidence, especially if it involves locating witnesses or producing documents, can significantly extend the process.

Legal fees

Attorney fees and court costs vary depending on the case’s duration and the complexity of issues such as property division, custody, and alimony.

What are the legal implications of a contested divorce for foreigners in Thailand?

Foreign nationals undergoing a contested divorce in Thailand must comply with Thai legal standards, and the court’s judgment may require additional steps for recognition in their home countries. Key considerations include:

International recognition of divorce

Divorce decrees issued in Thailand are generally recognized in other countries, though certain formalities may apply, such as obtaining certified translations or additional validation.

Notification to embassy or consulate

Foreign spouses may need to inform their embassy or consulate to facilitate recognition of the divorce abroad, ensuring their marital status is accurately recorded in their home country.

How can parties minimize conflict in a contested divorce in Thailand?

Although contested divorces are, by nature, contentious, there are strategies for reducing conflict and potentially avoiding prolonged court proceedings:

Mediation and negotiation

Mediation provides an opportunity to resolve disputes amicably without the need for a full contested divorce. In many cases, mediation is less expensive and can offer mutually beneficial solutions.

Inclusion of dispute resolution clauses in prenuptial agreements

If a prenuptial agreement exists, it may contain provisions for handling disputes. Such clauses can serve as guidance for settling disagreements outside of court, thereby minimizing the need for a contested divorce.

Pursuing an uncontested divorce where possible

If both spouses can reach a consensus on essential issues, an uncontested divorce may be possible. This approach significantly reduces the time and cost of the process and generally leads to less emotional strain for both parties.

Conclusion

A contested divorce in Thailand is a complex, structured, and often emotionally demanding process. However, with thorough preparation, an understanding of the relevant Thai legal framework, and the assistance of a skilled attorney, it is possible to navigate this process effectively. Legal representation is invaluable in contested divorce cases, helping protect one’s rights and ensuring compliance with the Thai Civil and Commercial Code.

As contested divorce proceedings can be challenging, having a legal advisor who understands both Thai and international family law can make a significant difference. For those going through a contested divorce in Thailand, careful planning and legal guidance are essential for achieving a fair and balanced resolution in line with Thai law.