There are 2 main ways in which a couple can end their marriage in Thailand: through mutual consent and by a court order. There are also some additional requirements that should be met before a couple can file for a divorce.
Firstly, they must be in a legal relationship and the marriage has to have been legally registered. In addition, they must have a prenuptial agreement in place.
Once these are in place, they can then begin the process of filing for divorce in Thailand. It is a fairly simple process and it can be done without any issues, however, in more complex cases or disputes over property and children it is better to have a good divorce lawyer on your side.
Uncontested Divorce
The most common way for couples to end their marriage in Thailand is through an uncontested divorce. This is usually the preferred choice as it avoids further conflict between the two and their families and can be done relatively quickly and easily.
This type of divorce can be completed by filing a petition at your local district office, known as an “Amphur” or “Khet”. You will need to provide the marriage certificate and your Thai spouse’s ID card for proof. The clerk will then ask you questions and issue the divorce papers.
An administrative divorce is less formal than a court divorce, but you must still attend the district office to sign the documents. You can either do this yourself, or you can hire a divorce lawyer to help you with the paperwork.
Contested Divorce
A contested divorce in Thailand is a more complex type of divorce and it will involve the parties going before a judge. They will then have to argue their case and they will have to provide evidence that will support the grounds for divorce that they have chosen.
There are a number of grounds for filing for a divorce in Thailand, including adultery, regular intercourse with another person, honoring someone else as a spouse, and misconduct by one party. The grounds for a contested divorce in Thailand can be quite harsh and some people find it very difficult to get their spouses to agree on such things as division of assets, alimony, and custody of children.
It is important to understand that a contested divorce in Thailand will usually take a lot of time and it can be quite expensive, so it is always best to discuss the situation with an experienced attorney before deciding to proceed.
The cost of a contested divorce in Thailand will depend on the complexity of the case and may include translations, finding evidence, and many other expenses that are associated with the case. Some law firms will charge a flat fee for the entire proceedings and some will offer a per hour rate.
The grounds for a divorce in Thailand can be quite harsh and some of them can be very damaging to a person’s credit rating or their career prospects, so it is always best to discuss the matter with an experienced attorney before taking any action. They will be able to advise you on the best course of action and ensure that your chances of success are maximised.