What if either my spouse or I are living outside of Thailand?

If the divorce is uncontested both parties will need to appear at the Amphur office to register the divorce.  If the divorce is contested, then either the person filing the complaint (the “Plaintiff”) or the respondent (the “Defendant) must have a lawful presence in Thailand and have residence in Thailand. If a plaintiff is living outside of Thailand, a lawyer can file a divorce claim on their behalf.  However, the person applying for the divorce in the Thai courts must normally appear in person in the Thai courts to provide basic evidence.

If the defendant spouse (the “Respondent”) is not present or will not return to Thailand or appear in Court to defend the divorce, a person seeking divorce may still be able to proceed provided that the defendant spouse has been provided proper legal notice of the divorce action. Service must be applied through a Thai court if your spouse is not in Thailand and a substitute service may be allowed in certain circumstances.  If a Defendant spouse does not respond to service from the court it may be possible for the divorce, based on certain conditions, to precede based on default.

Related Documents:

  Family Law of Thailand

  Prenuptial Agreement in Thailand