Thailand Divorce Lawyers

Frequently Asked Questions

Yes, any person living in Thailand may file for a court divorce in Thailand as long as one of the spouses is lawfully present in Thailand, has established residency in Thailand and the divorce action meets other requirements, such as valid grounds for divorce.

If both foreigners are lawfully married in Thailand, and they wish to have uncontested divorce, the couple may obtain an administrative divorce at the District Office where they got married.

If the foreign couple did not marry in Thailand, they will not qualify for an administrative or uncontested divorce at the District Office. Provided they meet other requirements, a contested divorce may be applied for through the Thailand courts, and grounds for divorce must be stated.

If one of the divorcing parties is a foreigner, regard must be given to the divorce laws of the foreign party’s country. There are only some countries recognizing the uncontested divorce such as the US, Australia, and Canada. For the US, it depends on the particular state as each state has its own law. There are some states which do not recognize an uncontested (administrative) divorce. It would be best to confirm with a lawyer for that country or State.

If the marriage has not been registered in Thailand, yet both parties agree for the divorce, you may file a divorce through the court (Contested Divorce) and just sign the compromise agreement. Contested Divorce on the other hand is recognized in most countries because this is a divorce based on a court judgment.

For the Uncontested Divorce or Administrative Divorce, it would take between 1-3 days. Some district offices will request for the passport to be notarized which means the client has to get the passport certified by his embassy, translated into Thai and legalized by the Ministry of Foreign Affairs.

For the Contested Divorce or Court Divorce, it would take 3-6 months for the court to finish hearing a contested divorce case. If both parties could settle at the first hearing called Mediation that would take 3-4 months for the judgment to be rendered but if they cannot settle during the mediation the procedure can last at least 6 months or longer than 6 months if they have so many issues to be decided by the court.

Uncontested Divorce or Administrative divorce without a divorce agreement district offices are usually the least expensive option. Unfortunately, not all married couples qualify for a divorce by mutual consent.

Contested Divorce or Court divorce is more expensive due to processes requiring more time, document preparation, and Thailand court hearings. Divorce lawyer's rate may vary, however, depending on the divorce lawyer in Thailand involved.

If the Thailand divorce is uncontested or administrative, both parties will still need to appear at the District office to register the divorce. For a contested divorce, however, requires a judgment from the Thai Court.

If you are now living abroad, the Thai Court may, potentially, still have jurisdiction over a divorce action under some circumstances. Therefore a Thailand divorce lawyer may still be able to file a divorce complaint on your behalf although you may not currently be located in Thailand. However, normally a plaintiff (the spouse who files the divorce complaint) must appear in person at least one time during the court process to provide testimony that establishes the grounds for the divorce. A divorce lawyer can normally assist with reserving a convenient date with the court.

If you reside in Thailand but your spouse is not present or will not return to Thailand for the divorce process, you may still be able to proceed provided that the ground for divorce occurred or is related to Thailand, or one spouse is a Thai national. Thailand courts also require evidence that the Defendant in the divorce case, if residing outside of Thailand, received adequate notice of the divorce action. Service must be applied through a Thai court. However, if your spouse is not in Thailand and substitute service, (such as by publication in a newspaper) may be allowed in certain circumstances. If your spouse does not respond to a lawful service from the court, the divorce case may proceed by default.

When a couple divorce in Thailand, separate property such as assets and property acquired before the marriage, generally remains the property of the original owner.

Assets and property acquired during the marriage are commonly considered community property with both spouses having equal ownership rights. The rules regarding division of property are complex and the Thai Court will divide the property according to the law and individual facts of the case.

However, in a negotiated settlement divorcing spouses may alter their division of property normally required by the law if the divorcing couple chooses a different division of assets. Also, prenuptial agreements can alter the distribution of property during a divorce.

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

Prenuptial agreements are allowed in Thailand provided they meet the procedural and substantive requirements of Thai law. A properly executed prenuptial agreement is usually considered a valid legal agreement in other international jurisdictions that accord with the basic principle of fairness and due process. Procedural requirements for prenuptial agreements may be stricter in Western Common Law jurisdictions. On the other hand, many western jurisdictions have fewer requirements for approving prenuptial agreements. Thailand has its own requirements for registering a prenuptial agreement at the time of marriage. If your marriage and prenuptial agreements were executed or registered in another nation a Thai Court will normally accept the agreement if it adheres to requirements of the foreign law.

Before the parties proceed to the Amphur for the administrative or uncontested divorce, it is advised that they first enter into a Divorce Agreement. The Divorce Agreement is a contract entered into between divorcing couples who wish to settle their issues on marital property division and/or child custody before a divorce is granted to them. In some countries, this is also known as the settlement agreement. Aside from the settlement of issues on the sharing of child custody and marital property, the divorce agreement may also contain provisions on spousal support or alimony, and more importantly, child support.

Under the Civil and Commercial Code of Thailand (CCCT), the term of the rights of custody is called "parental power". The parental power is exercised by the father, the mother, or a third person who is a legal guardian of the child until the child reaches the legal age (20 years old), and a person exercising parental power has:

• Right to determine the child’s place of residence
• discipline the child reasonably
• demand the return of the child from someone else, including another parent who does not have custody rights and unlawfully detains the child
• manage the property of the child with the restriction that selling, mortgaging, and exchange the property of the minor child must obtain the approval of the court

Child custody in Thailand can be obtained by the mutual consent of the parties and by the decision of the court.