Divorce steps in Thailand: a comprehensive guide

What are the types of divorce in thailand?

In Thailand, divorces can be categorized as uncontested (mutual) and contested divorces. Each type follows different legal steps and requirements based on the couple’s cooperation and agreement.

Uncontested divorce in Thailand : what is the process step by step ?

An uncontested, or mutual, divorce in Thailand is an option. It happens when both spouses agree to separate without disputes over issues like property, child custody, or financial obligations. This type of divorce can be carried out relatively quickly at a district office. It is provided by the Thai Civil and Commercial Code (Sections 1514 to 1535), which outlines divorce procedures in Thailand.

• Joint declaration of divorce: Both spouses must appear together at the district office (amphur) where they registered their marriage, or at any district office in Thailand, to file a joint declaration of divorce.
• Drafting a divorce agreement: While not mandatory, drafting an agreement covering matters like property division, custody, and spousal support is advisable. A comprehensive agreement can help simplify the process and avoid potential conflicts after the divorce.
• Certificate of divorce issuance: After completing these divorce steps in Thailand, the registrar issues a certificate of divorce, formally documenting the separation. For international use, this certificate may need to be translated and legalized.

Contested divorce in Thailand : how does it proceed step by step ?

When one spouse contests the divorce or there are disagreements over financial or custodial matters, a contested divorce becomes necessary. This type of divorce involves a court process and follows additional steps. The Thai Civil and Commercial Code (Sections 1516 to 1535) lists acceptable grounds for divorce in Thailand, such as adultery, domestic abuse, desertion, or abandonment of marital duties.

• Filing a divorce petition: The spouse initiating the divorce must file a formal petition at the family court outlining the grounds for divorce and presenting supporting evidence.
• Court hearings and mediation: Courts in Thailand encourage mediation before proceeding with a full trial. Mediation can reduce time and costs by helping both parties reach an amicable settlement.
• Judgment and asset division: If mediation fails, the court will decide on issues like child custody, division of assets, and any alimony or financial support. The judgment depends on the evidence and the best interests of any children involved.

What documents are needed for divorce in Thailand?

Following each divorce step in Thailand requires presenting essential documents to ensure the process complies with Thai law. The specific documents vary depending on the type of divorce.

Documents for uncontested divorce in Thailand 

For a mutual divorce, commonly required documents include:

• Marriage certificate: The original marriage certificate registered in Thailand.
• Identification documents: Valid identification, such as passports or Thai ID cards, for both spouses.
• Divorce agreement: Although not mandatory, a signed agreement can expedite the divorce by addressing asset division, custody, and financial support.

Documents for contested divorce in Thailand 

For a contested divorce, additional documentation may be necessary, such as:

• Divorce petition: A formal document stating the reasons and grounds for the divorce.
• Supporting evidence: Proof substantiating the grounds, such as evidence of abuse, infidelity, or desertion.
• Financial documents: Records like bank statements, property deeds, and other relevant financial documents to facilitate fair division.

How is child custody handled for divorce in Thailand ?

When a divorce involves minor children, custody arrangements become a central concern. The Thai Civil and Commercial Code prioritizes the child’s welfare in all custody decisions.

Shared or sole custody: what are the options?

Custody can be granted solely to one parent or shared between both. In an uncontested divorce, spouses can mutually agree on custody arrangements. In cases of disagreement, the court will intervene and determine custody based on the best interests of the child.

Visitation rights and financial obligations

When one parent receives sole custody, the other parent generally retains visitation rights. Furthermore, Thai law mandates that the non-custodial parent contributes financially to the child’s upbringing. It is often in the form of child support, which the court will calculate based on each parent’s financial status and the child’s needs.

What are the steps for dividing assets?

Asset division is a critical step in the divorce process in Thailand, particularly when the spouses have substantial joint property. Under the Civil and Commercial Code, assets are categorized into personal and marital property, and their division depends on the type of divorce.

Identifying personal and marital property

Assets acquired before the marriage are typically considered personal property and remain with the original owner. Conversely, assets accumulated during the marriage are regarded as marital property, even if titled in one spouse’s name.

Dividing assets through agreement or court order

In an uncontested divorce, spouses can mutually agree on how to divide marital property. In a contested divorce, the court will make this determination, considering the origin of funds used to acquire each asset and each spouse’s contribution.

What happens after the divorce is finalized?

Once the divorce process is complete, several administrative steps may be required to finalize the legal separation.

Updating civil status

After completing the divorce steps in Thailand, both parties must update their civil status on identification documents, tax records, and other official documents. This ensures that their marital status accurately reflects their current situation.

Residency status for foreigners

Foreign nationals who obtained a marriage visa based on their union with a Thai spouse may lose their residency rights upon divorce. To avoid legal complications, it is advisable for divorced individuals to consult Thai immigration authorities to explore alternative visa options.

How long does the divorce process take, and what are the costs?

The duration and costs of a divorce in Thailand vary significantly depending on whether the divorce is mutual or contested and on the complexity of the case.

Average duration of uncontested and contested divorces

An uncontested divorce can typically be completed within a day. However, contested divorces may take several months, or even up to a year, depending on court schedules, evidence presentation, and mediation efforts.

Court fees and legal fees

Contested divorces incur court fees, as well as legal fees if the parties engage legal counsel. These costs fluctuate based on the complexity of the case and the lawyer’s experience. Although hiring a lawyer increases costs, their expertise can ensure all divorce steps in Thailand are followed correctly, protecting each party’s interests.

Conclusion:

Navigating a divorce in Thailand requires adherence to the specific divorce steps and protocols defined by the Civil and Commercial Code. Carefully following each step in the divorce process helps avoid potential legal issues and ensures a fair resolution for both parties. This guide can serve as a valuable resource for foreigners and international couples who may find Thai divorce proceedings uniquely challenging.
For anyone facing divorce in Thailand, consulting with a qualified lawyer is highly recommended. An experienced attorney can guide clients through each stage of the divorce process in Thailand, ensuring compliance with Thai law and advocating for their interests in matters of property division, child custody, and residency adjustments.