Divorce in Thailand

Divorce in Thailand is classified as the dissolution of the bonds of matrimony or marriage. This generally means the legal responsibilities and duties of a married couple are canceled under the Thai Civil and Commercial Code.

The Thai divorce rate has skyrocketed over the past decade from a rate of 27 percent to a rate of 39 percent in 2016. More than one thread of couples in Thailand who registered a married in 2016 got divorced within the same year.

When dealing with the topic of divorce in Thailand, there are two different types of divorce. These are Uncontested Divorce and Contested Divorce.

One of the apparent differences between these two types of divorce is that Contested Divorce is known to be more costly than of Uncontested Divorce. Uncontested Divorce is also known as Divorce by Mutual Consent or Administrative Divorce.

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Uncontested Divorce in Thailand

An uncontested divorce is known as the administrative form of divorce within Thailand. This is a divorce that is decided by both parties’ mutual consent (husband and wife) and is a highly preferred type of divorce as it’s known to be straightforward and effortless.

Under Thai law, this type of divorce entails that parties don’t require any grounds for divorce. The consent from both parties is enough to end the martial consortium.

However, it is required that both marital parties are physically present when applying for an uncontested divorce. This divorce is conducted and finalized at the local registration office. This local registration office is known in Thailand as the Khet, Amphoe, or Amphur.

What Are the Requirements for Uncontested Divorce in Thailand?

The primary requirement for conducting a Thai administrative divorce or Uncontested Divorce under Thai law is the legal registration of this particular marriage in Thailand. Included in this, the registration needs to be in accordance with the Thai Code. These are the documents that parties need to submit to the district office:

If conducting the divorce in the same district office as the certification of the marriage certificate

Two original marriage certificates.
The original ID card of the Thai national.
The Thai national’s Tabien baan. This is the household registration booklet or blue book.
The original passport of the foreigner

If divorcing in a different district office or Amphur to where the marriage was registered

Two original marriage certificates.
The original ID card of the Thai national.
The Thai national’s Tabien baan. This is the household registration booklet or blue book.
The original passport of the foreign national.
A copy of the foreigner’s passport that has a legalized translation.

Contested Divorce in Thailand

A contested divorce in Thailand is known as a court or judicial divorce. With this contested type of divorce, ground for divorce occurs when one or both spouses don’t agree on all aspects noted for the separation.

Examples of these factors contributing to this Thailand divorce agreement include the division of marital property or child custody rights. Otherwise, grounds for divorce can also occur when one party isn’t willing to accept the divorce agreement. One of the primary grounds for divorce is when a spouse is guilty of any sort of misconduct.

Court intervention is necessary when the parties making up this marriage can’t settle disagreements pertaining to the divorce agreement by themselves. This type of divorce is also suitable if the couple’s marriage wasn’t registered in Thailand. However, this couple has been working or residing in Thailand for a suitable amount of time.

What Are the Grounds for Divorce in Thailand?

In the situation where the wife and husband don’t agree with the terms and conditions of Thailand divorce that has been set by the other party, the opposing party holds the ability to file a divorce petition on the ground set by the Civil and Commercial Code of Thailand. These disagreements could be on child custody, along with other factors. This is written in Section 1516 of the Civil Commercial Code. The grounds for conducting a divorce are as follows:

One party (Thai national or foreigner) has honored another person as their husband or wife, had regular sexual intercourse with another person, or committed adultery. In conditions like this, the other spouse may center into action for divorce. The other party can enter a claim for divorce in a case like this.
One party is guilty of any type of misconduct. It doesn’t matter whether or not the misconduct is a criminal offense if it causes the other serious embarrassment, being hated based on the continuance of being connected with the other party who committed this misconduct or sustaining excessive injury or trouble for continuing in a partnership with this party. The other party can enter a claim for divorce in a case like this.
One party has caused harm or torture the body or mind of the other party. The other party can enter a claim for divorce in a case like this.
One party has deserted the other for a year or more. The other party can enter a claim for divorce in a case like this.
One party has been adjudged for disappearing or has left his or her residence or domicile for more than three years. The other party can enter a claim for divorce in a case like this.
One party has failed to provide proper maintenance and support to the other party or conducted seriously adverse acts to the relationship. The other party can enter a claim for divorce in a case like this.
One party has been diagnosed as an insane person for a period longer than three years, and a cure for this insane behavior is non-existent or highly unlikely. The other party can enter a claim for divorce in a case like this.
One party has broken a good behavior bond executed by her or him. The other party can enter a claim for divorce in a case like this.
One party is suffering from a dangerous and infectious disease that’s incurable and holds the ability to cause injury to the significant other. The other party can enter a claim for divorce in a case like this.
One party has a physical disadvantage and is permanently unable to cohabit with the significant other as husband and wife due to this physical advantage. The other party can enter a claim for divorce in a case like this.

Contact our divorce lawyers in Thailand!

Our divorce lawyers have the necessary skills and experience in collecting the evidence and coming up with strong arguments to defend your case. Moreover, if your divorce case is to be decided through a settlement agreement, then our divorce lawyers will make sure that all your legal interests are catered to in a formal written agreement. Please get in touch with our divorce lawyers in Thailand immediately to finalize your divorce.