Getting a divorce in Thailand is often the first step in resolving any type of family dispute. When a marriage ends in divorce, alimony is paid, property is divided and child custody issues are discussed.
If one or both parties want to end their marriage and are Thai citizens, they can file for an uncontested divorce. This is done through the District Office in their local area. If both spouses agree on everything, this is the quickest and most affordable way to divorce.
A contested divorce is the other option in Thailand and requires the presence of a Thai lawyer at the Court to file for the case. A contested divorce usually costs a lot more and is very time-consuming.
Contested divorce is more common for couples who have been living in Thailand for a long period of time and have had children together. The fees to file for a contested divorce are calculated at 2% of the total amount of the claim. There is also a fee for the court to deliver the summons to your spouse, so be sure to factor this into the cost of your case.
When filing for a divorce in Thailand, it is important to know the difference between marital and personal property. Marital property is anything acquired by either party during the course of their marriage, while personal property is anything that one or both parties acquired before the marriage.
After a divorce, each party will receive equal shares of the marital property (section 1533). Moreover, any debts that were incurred during the marriage and are still outstanding shall be equally liable for repayment in full between the husband and wife.
Divorce in Thailand may be a costly and difficult process, but it is often essential to resolve family disputes. It is therefore important to get professional advice on how to proceed with a divorce in Thailand and what options are available.
There are two ways to terminate a marriage in Thailand: mutual consent or based on one of the grounds for dissolution listed under the Civil and Commercial Code. The former is generally the preferred option in Thai law.
In a mutually consented divorce, both spouses agree to the divorce and sign a document confirming their wishes. They can then go to the Registrar Office and register the divorce by presenting their marriage certificate, passport and their Thai spouse’s ID card.
The Registrar will then issue the couple with a divorce certificate in landscape form. There is a fee of 50 baht.
If you do not have any children together and your marriage has only been in Thailand for a short time, then an uncontested divorce may be the best option for you. You should consider this option if you are planning to relocate and/or if you have assets that are worth more than your spouse.
You can also consider the alternative of a divorce settlement, where both spouses agree to settle all matters related to their divorce at a later date. This is a much less costly, simpler and faster procedure than a contested divorce, but it is still highly recommended to seek the advice of a Thai divorce attorney before signing any documents for a settlement in Thailand.