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Chaninat & Leeds
Suite 10/154, Trendy Office Building
18th Floor, Sukhumvit Road Soi 13
Klongtoey Nua, Vadhana
Bangkok, Thailand 10110
Tel : (662) 168 7001 (-3)
Fax: (662) 168 7004
E-mail: info@thailand-lawyer.com

Thailand Divorce

General Considerations for Divorce in Thailand

While arranging a marriage in Thailand is a relatively straightforward process, procuring a divorce can be slightly more complicated. There are a variety of factors that come into play when assessing whether or not it is possible to receive a legalized divorce in Thailand. Generally speaking, if you or your spouse is currently residing in Thailand you can file for divorce in Thailand. If the divorce is mutually requested, the divorce proceedings are relatively simple. If one of the parties is unwilling or unable to participate in divorce proceedings, the legal process can be more complicated. Due to the variety of factors that can be involved it is usually necessary to enlist the services of a legal professional to guide you through this process. We are familiar with many of the individual variances that arise in complicated divorce proceedings and our divorce attorneys provide personalized service to meet your unique needs.

How do I get a Thailand divorce if both my spouse and I consent to the divorce?

If you previously registered your marriage at a local district office (Khet or Amphur) you may register for an administrative Thailand divorce. Performing an administrative divorce at the local district office requires that you and your spouse do not have disagreements over child custody or property ("an uncontested divorce").  If there are assets to be divided or issues regarding custody of children it is advisable to have an attorney present in this type of administrative divorce. It is generally a good idea to draw up a divorce agreement in advance.

When registering the divorce, officials may ask you questions about your future plans, financial situation, and children (if any) and then ask you to fill out forms detailing the terms of divorce and other matters. The divorce must be certified by two witnesses.

If the divorce is contested, however, then the parties should proceed through the court system. In order file a court action for divorce either the Plaintiff or Defendant (or both) must be a resident of Thailand.

What if my spouse does not consent to a divorce?

If your wife or husband will not agree to a divorce then you need to file with the courts for a divorce "for cause". In order to proceed with a divorce in this instance you will need to assert grounds for divorce and you must make a personal appearance in court. In Thailand grounds for divorce generally include:

* A 3 year period of separation
* One spouse has deserted the other for over one year
* The husband has taken another woman as his wife
* The wife has committed adultery
* One spouse is guilty of misconduct (criminal or otherwise)
* One spouse has been imprisoned for more than one year
* One spouse has physically or mentally harmed the other
* Lack of marital support
* One spouse has had incurable insanity for at least 3 years
* One spouse has broken the bond of good behavior
* One spouse has an incurable communicable disease
* One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

What if either my spouse or I is living overseas?

If the divorce is uncontested both parties will need to appear at the Amphur office to register the divorce.  If you are married and your spouse does not agree to a Thailand divorce then you will need to obtain a judgment from the Court. If you are living abroad, a lawyer can file a divorce claim on your behalf.  However, you must appear in person when the divorce claim is heard by the court.

If your spouse is not present or will not return to Thailand to contest the divorce, you may still be able to proceed provided that he or she has been given adequate notice of the divorce action. Service must be applied through a Thai court if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstances.  If your spouse does not respond to service from the court the divorce case may precede based on default.

How is property and outstanding debts divided in the event of divorce?

Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are generally considered community property with both spouses having an ownership right.  The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.

Debts incurred during the marriage, whether they are household, medical, or educational, are in general the responsibility of both parties.

What if I have a prenuptial agreement?

Prenuptial agreements are allowed in Thailand provided they meet the procedural requirements of Thai law. A properly executed prenuptial agreement is generally considered a valid legal agreement in other various jurisdictions.  In order for a prenuptial agreement to be valid in regard to a marriage registered in Thailand it had to have been signed by both parties, as well as two witnesses, and must have been previously submitted to the local district office.