Divorce in Thailand - how to Thai divorcing

A Thai divorce formally terminate a marriage and is the legal ending of a marriage. A divorce in Thailand means the dissolution of a marriage by the judgment of a court on one of the 12 grounds for divorce as listed under Section 1516 of the Civil and Commercial Code or by the Amphur in Thailand upon request and mutual consent by the husband and wife. The Amphur or Amphoe is the district government administrative office (in Bangkok these offices are called ‘Khet’). The district offices are responsible for marriage registrations and have the authority to again dissolve a marriage in case of a divorce on mutual consent.

A divorce before the Amphur in Thailand requires agreement between both spouses to the division of marital or jointly owned assets, custody of children and if and how much alimony will be paid. If no agreeable solution can be found parties can file a petition (only on the grounds given in the Civil and Commercial Code) for the dissolution of the marriage by the court and the court will decide for them on these matters according to Thai law and individual circumstances.

When both parties agree on the terms of the divorce (mutual consent) the procedure at the local Amphur will be shorter, less expensive and less time consuming. No direct Thai lawyer representation is required, but a divorce settlement agreement must be drawn up. Parties must agree on all types of potential issues such as division of properties, spousal maintenance and child custody. It is not required that the parties request a divorce at the same location where the marriage is registered, but both husband and wife must be personally present when filing for a divorce on mutual consent at the Amphur.

A contested divorce, i.e. dissolution of the marriage by the judgment of the court in Thailand, will take considerably more time, money and requires several court appearances and representation of a Thai lawyer.

We offer legal advice online and explain the rights of each party in a divorce and draw up divorce settlement agreements in Thai and English required for a divorce on mutual consent. Contact us for any questions about our online service

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Article by Siam Expat Law, originally written for HuaHinLawOnline