If both parties in a marriage mutually consent to divorce, the process can be much simpler and less expensive. This is called an uncontested divorce and can be registered at a government District office.
Marital property (in Thai referred to as Sin Suan Tua) is divided equally between the couple while personal assets remain with each individual.
1. Consult a Lawyer
It is vital that you consult with an experienced lawyer to determine if divorce is the best option for you. A lawyer can help you prepare the necessary documents and file them with the court. They can also assist with conciliation or mediation sessions to resolve any disputes that may arise during the divorce process. This will save you time and money in the long run.
A lawyer can also advise you on the different routes available to you. If you and your spouse can agree on terms, an uncontested divorce will be much faster and less stressful. This route can be filed at the district office where your Thailand marriage was registered. You will need to present your marriage certificate, ID, and a written agreement on assets, custody, and other important issues.
In contrast, a contested divorce will require you to go to court to end your marriage. This type of divorce is typically used when there are disagreements over critical issues such as child custody, property division, and alimony. A contested divorce can take up to three years to complete.
A lawyer can also help you determine what property is considered marital and what is personal. Anything that you acquire during your marriage is considered to be marital property and must be divided equally when you divorce. You should also be aware that any debts you incurred during the course of your marriage will be shared equally as well.
2. File a Petition
If both parties are in agreement on all aspects of their divorce, they can file for an uncontested divorce. This process is much faster than a contested divorce. However, it is important that both spouses are present to sign the divorce petition and appear at the Amphur office where their marriage was registered. The process is more difficult if both parties live in different locations or countries.
This is the most common type of divorce for couples who are in full agreement with all terms and conditions. This includes child custody, alimony and property. The only requirement is that the couple must have legally registered their marriage at the district office (Amphoe).
It is also important that both parties are in Thailand and are present to file a petition for a divorce. Neither party can have a lawyer act on their behalf for this type of divorce. This type of divorce is more complex than a contested divorce.
A contested divorce is when the couple cannot reach an agreement on the terms of their divorce and both parties must have lawyers to represent them in court. A contested divorce is much more difficult and time-consuming than an uncontested divorce. A contested divorce must be filed based on one of the 10 legally defined grounds for divorce in Thailand. These include: 1. One spouse has broken a bond of good behavior executed by the other; 2. One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other; 3. One spouse has caused mental injury to the other; 4. The other spouse is unable to cohabit as a husband and wife; or 5. One spouse is insane.
3. Attend Court Hearings
In the case of contested divorces, both spouses must appear at the court hearings. The court will then make a decision regarding the division of assets, child custody and alimony. For this reason, it is highly advisable that you consult with a Thai lawyer specializing in family law to help you understand the process and prepare the necessary documents.
If both parties agree to a divorce and its terms, the divorce procedure is simple and less time consuming. This option is called an administrative divorce and can be filed at a district office (Amphoe). You should bring original marriage certificates, identification and provide any existing agreement on assets and children.
Contested divorces occur when there are disagreements about the grounds for divorce or the terms of the separation. Grounds may include infidelity, financial disputes or emotional disconnect between couples. The court may consider the grounds valid or not based on the evidence presented in the case. If a couple has children, the court will place priority on arrangements that benefit their wellbeing. Contested divorces typically take longer to complete. They may require more complicated procedures, such as the production of additional documents and witness testimony, to prove their case. Moreover, they will also need to submit an official translation of any legal documents that are not in the Thai language.
4. Register the Divorce
Depending on the situation, either both parties of the marriage or just one party may apply for registration of divorce at a district office (Amphur). This type of a divorce is known as an administrative divorce and it saves time and money. The key point is that both parties are present in person and sign the agreement at the district office (Amphur) together.
A couple of documents are required when applying for an administrative divorce. A marriage certificate is needed as well as the final court judgment which orders the divorce and a certification of accuracy of the document. Both spouses will also need to bring identification documents as well as proof of income for their application.
If the case is contested, both parties will need to attend court hearings as well. During these hearings, the judge will review evidence and make a decision regarding the divorce as well as decisions on property division, custody of children and alimony.
The main reason for a contested divorce is usually infidelity or domestic violence however cultural differences and financial disputes can also lead to a contested divorce. The court will determine if the disputed grounds are valid as well as award compensation to the aggrieved ex-spouse if they are able to prove their claims in the case. After the final court judgment is issued both parties will need to visit a district office (Amphur) or their nearest registration bureau or embassy/consulate to have their divorce registered.