How To Get Divorced In Thailand

Divorce is a major legal process in Thailand comprising several steps. It requires meticulous documentation and adherence to strict laws and often involves complex grounds.

There are two types of divorce in Thailand: uncontested and contested divorce.

What is an Uncontested Divorce?

An uncontested divorce is also known as an “administrative divorce.” This procedure is for marriages registered in Thailand (or at the Royal Thai Embassy) per the Thai Civil and Commercial Code (TCCC). The married couple must also have settled upon a divorce agreement and have no disputes over any matter including child custody, alimony, and marital property sharing. 

Requirements for an Uncontested Divorce

Depending on where the couple chooses to divorce, the requirements will vary, but the husband and wife must both be physically present when applying for an uncontested divorce at the District Office (Amphur). 

Generally, the parties will need to bring the following documents for an uncontested divorce:

• Two sets of original marriage addendums and certificates (Kor Ror. 2 and Kor Ror. 3)
• Identification card (Thai spouse)
• Tabian Baan or House Registration (Thai spouse)
• Passport (Foreign spouse)
• Legalized translation of passport by the Ministry of Foreign Affairs (Foreign spouse)

What is a Contested Divorce?

A contested divorce is also known as a “judicial” or “court divorce.” This occurs when: 

• The marriage is not registered in Thailand
• The foreign national’s country does not recognize an uncontested divorce
• Both spouses cannot settle upon or are against the divorce agreement

Requirements for a Contested Divorce

To file for a judicial divorce through a Thai court, the filing party must have grounds for divorce under Thai law. The filing should be accompanied by the following documents:

• Photocopy of the marriage certificate
• Photocopy of identification card (Thai spouse)
• Photocopy of passport (Foreign spouse)
• Photocopy of Tabian Baan or House Registration (Thai spouse)
• Photocopy of children’s birth certificates (if any)
• Evidence proving the ground(s) for divorce

Grounds for Filing for a Contested Divorce in Thailand

According to section 1516 of the Civil and Commercial Code, the main grounds for filing for a divorce are as follows:

• One of the spouses commits adultery, has regular sexual intercourse with another person, or honors someone else as their husband or wife.
• One of the spouses is guilty of misconduct (criminal or otherwise).
• One of the spouses has caused serious harm to the body or mind of the other or has seriously insulted the other.
• One spouse has abandoned the other for over a year.
• One of the spouses has been sentenced to imprisonment for more than one year without the participation of the other and cohabitation as husband and wife will cause the other party to sustain excessive injury or trouble.
• One of the spouses has left their domicile or residence for more than three years, with uncertainty as to whether they are alive or deceased.
• One spouse has not provided adequate care and support to the other.
• One of the spouses has been declared mentally unfit for more than three years continuously.
• One spouse has violated a commitment to behave properly.
• One of the spouses is suffering from a communicable and dangerous disease that is incurable and may cause injury to the other.
• One spouse suffers from a physical condition that permanently prevents them from living together as husband and wife.
• Both spouses have mutually agreed to live apart because they cannot live together harmoniously for more than three years.

The Process of a Contested Divorce

1. Case Preparation: To file a petition to the court, the plaintiff must first identify the grounds for the divorce and substantiate it through evidence. It is important to note that the case must be able to stand alone even if the spouse were to admit to the allegations. Due to the risks and complexities involved, it is not recommended to do this without the assistance of a certified lawyer with Thai family law experience.
2. Payment of court fees: The case will then be filed in the Juvenile and Family Court, where the fees must be paid before it can be processed. Another fee that must be taken into account is the Court Delivery fee for the summons of the respondent.
3. Service of summons: A service of summons is performed for the court to have jurisdiction over the person of the respondent. It also meets with the Due Process Requirement, which states that the respondent must be given the chance to comprehend the case or cases brought against them.
4. Order of default and a default judgment: The respondent is required to provide the court with their response to the complaint filed against them within a certain time frame. Failure to do so may allow the plaintiff to file a motion in court for judgment by default, which will prevent the respondent from all future opportunities to defend themselves from the allegations made against them.
5. Children's Appearance at Juvenile Court for Welfare Discussion: If the husband and wife have children of minor age, the children are required to make an appearance before the Juvenile Observation and Protection Center, also known as the Juvenile Court. There, the parents and the children will meet the officer and discuss how the children’s welfare will be protected if the divorce is granted.
6. Pre-Trial: The pre-trial is the initial opportunity for the husband and wife, along with their attorneys, to meet before the trial takes place. Determining the issues to be heard during the hearing proper is the primary goal of the pre-trial. Additionally, it is the moment for the parties to resolve their issues or for the party who is at fault to acknowledge the accusations. The parties may also submit a compromise or settlement agreement to the court during this procedure that addresses how child custody and marital property will be divided. The judge may order the case to be concluded and render a decision based on the spouses' agreement if it deems that the agreement was reasonable and freely engaged by the parties.
7. Hearing Proper: The appropriate hearing for the divorce case will take place after the Pre-Trial if the parties are unable to agree. Usually, the hearing is set for 60 days after the complaint is filed. The court will consider the testimony and evidence presented by both sides. The judge will then decide whether or not the appropriate ground for divorce exists, as well as matters of child support, marital property, and custody distribution, based on the submissions and the testimony given.
8. Judgment: Within days or up to several weeks after submitting the last pleading or hearing in court, the decision judgment will be released. The judgment will become final if no party files a timely appeal within 30 days after the judgment has been read.

Things to take note of 

It is important to be aware of what can and cannot be done before filing for a contested or uncontested divorce. 

• Is it possible to, as a foreign citizen, receive land in Thailand as part of the divorce settlement or judgment?
  Foreigners cannot fully own land under their name in Thailand even if they are married to a Thai national, according to the Land Code Amendment Act mandated by the Ministry of Interior in 1999. Partial or business ownership of land is possible, but if the foreigner bought the land during the marriage, the Land Department will require them to sign a legal document stating that the land is a non-marital property having a separate legal personality. This means that only the Thai spouse will obtain ownership of the land when a divorce takes place. However, the foreigner may provide evidence to the court proving that the land was bought with personal funds and that it should be considered marital property. Once it is approved, the land will be sold and the earnings from the sale will be equally divided between the spouses.
   
• Does Thai law require alimony to be paid?
  According to Thai law, alimony is referred to as the "maintenance" that one person must give another for a variety of reasons. If the former spouse openly asks the other spouse for financial support, alimony will be required. If both divorcing spouses agree, alimony will be awarded in an administrative divorce. However, in a judicial divorce, alimony will either be awarded by a court ruling or determined by a settlement agreement reached during the legal proceedings.