How to get Divorced in Thailand?

Getting divorced in Thailand can be long and complicated, but understanding the specific processes can help you avoid delays and achieve a favorable outcome. No one wants a drawn-out and costly divorce, so it’s wise to familiarize yourself with the specific steps involved in order to achieve your goal of a swift and stress-free end to your marriage.

This post will explain how to initiate a divorce in Thailand and all the steps involved in legally dissolving your marriage. 

The Two Kinds of Divorces in Thailand

There are two types of divorces in Thailand: 

  • Uncontested Divorce: Also known as an “administrative divorce”, this is when you and your spouse agree on the terms of your separation. If you can agree on the division of assets, spousal support, child support/custody, and other key considerations, you can go through this quick and simple process.
  • Contested Divorce: Also known as a “court divorce”, this is when you and your spouse disagree on the terms of the divorce agreement. This process will likely warrant the involvement of the Thai divorce court to determine your outcome, making this a much longer and more expensive undertaking.

Signing a prenuptial agreement with your partner before marriage is a simple and effective way to prevent a contested divorce, provided it is registered with the Thai government at the time of your marriage registration. 

How to Divorce in Thailand: Step by Step

Finalizing a divorce depends on what category it falls under. When you’re ready to file the divorce, you’ll need to gather some documentation. In general, you’ll need to provide the following:

  • Passport and legalized translation of the biodata page (for foreigners)
  • Thai ID card (for Thai nationals)
  • Thai house registration (for Thai nationals)
  • Marriage Certificate (Kor Ror 3)

If you’re going through a contested divorce, you’ll need additional documentation such as a marriage registration (Kor Ror 2), a document proving grounds for divorce, and birth certificates (if you have any children). Once you have all the required documents, you must become the “plaintiff” and petition the divorce. 

If you’re going through an uncontested divorce, you will need a divorce agreement, which is a legally binding document that outlines the division of property, child custody, and all other key considerations of your divorce. This should be drafted by a Thai family lawyer to ensure it is legally sound.

Once you have the required paperwork for an uncontested divorce, all you need to do is take these documents to a local district office (also known as an Amphur) along with your spouse. Simply file the petition to complete the process and provide the divorce agreement that you and your spouse will sign, and you’ll receive an official divorce certificate. 

Completing a Contested Divorce in Thailand

Contested divorces are more complicated and involve additional steps. Aside from obtaining more documents (shown above), you need to establish the grounds for divorce. When filing the divorce petition, you need to base the reason for the divorce on one (or more) of the following:

  • Your spouse has committed adultery.
  • Your spouse has committed misconduct that has brought you shame, insult, or injury.
  • You have been mentally or physically abused by your spouse.
  • Your spouse has deserted you or has been imprisoned for over a year.
  • You have lived separately from your spouse for over 3 years.
  • Your spouse has disappeared. 
  • Your spouse has failed to support the marriage financially, and you cannot live with them any longer.
  • Your spouse has been mentally incapacitated for more than 3 years.
  • Your spouse has broken a promise of good behavior.
  • Your spouse is carrying a communicable and life-threatening disease, which puts you at risk.
  • Your spouse is suffering from a physical injury that makes it impossible for them to live with you as husband/wife.

Once the petition fits the criteria above, you can progress with the divorce. You then need to go through the following processes:

  1. You must submit the petition to the Thai Juvenile and Family Court. You’ll need to pay two fees for this: the court fee and the court delivery fee. 
  2. You will then receive a request to summon your spouse to the Thai court, where they have the opportunity to defend themselves. If your spouse is overseas, they must respond to the request via mail or other channels. 
  3. You and your spouse will have to attend a pre-trial where the reasons for the divorce will be presented, and your spouse will be able to respond to them. It is possible for you and your spouse to settle your differences during the pre-trial. 
  4. If no agreement has been reached, a hearing will be scheduled. The hearing will be held at the Thai court, and you’ll need to prepare evidence and an argument for why the divorce should happen. 
  5. After the hearing, the judge will review the divorce case and notify you of the results within 30 days after the most recent court pleading. During this time, you and your spouse can appeal. 
  6. If no appeal is made, the court will move forward with the final decision. 

Why You Need a Thai Divorce Lawyer

Filing for a divorce in Thailand alone is difficult, especially as a foreigner, as everything is conducted in the Thai language. This is why you need to seek a Thai divorce lawyer to handle your case if you want any chance at a favorable outcome. Also known as Thai family lawyers, these legal experts will ensure you can finalize the divorce with the relevant authorities without complications. 

As an expat, you’ll need a bilingual family lawyer who’s fluent in Thai and English. This is especially useful if the divorce case is taken to court, as Thai courts operate only in the Thai language. Even if you are fluent in Thai, you likely lack the legal vocabulary required to navigate this complex process.

If your divorce is contested, a qualified Thai family lawyer will guide you step-by-step through the procedure to ensure the most favorable outcome. The services they provide include: 

  • Provide strong representation in court on your behalf
  • Gathering all the evidence required for an effective divorce case 
  • Assessing and proving reasonable grounds for divorce
  • Identifying alternative resolutions to your divorce (such as mediation) 
  • Help determine and argue for your ideal child support and child custody arrangements
  • Handle all negotiations related to alimony (AKA “spousal support”)

Fortunately, there are many bilingual Thai family lawyers at law firms across Thailand to cater to the expat market. However, for the best outcome, it’s important to choose a lawyer who’s highly reputable and has a long and proven track record of success representing foreigners like you. 

Contact Siam Legal for Professional Assistance

For a smooth and stress-free transition to life after divorce, reach out to Siam Legal for professional assistance with your marriage dissolution journey. We are a full-service law firm that has been helping foreigners achieve the ideal outcomes for their divorce cases for over twenty years. Our team of experienced, bilingual family lawyers has the expertise to ensure a swift divorce process that respects the rights, dignity, and property of all involved parties. 

We will work towards a straightforward and stress-free divorce with a solid agreement to save you time and money. If this is not possible, our lawyers will expertly represent you in court and provide a strong case before the judges, maximizing the chances of obtaining the result you desire. 

Contact Siam Legal today and book a consultation with us for the best possible divorce outcome, so you can move forward with your life with peace of mind.

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Category: Divorce, Family Law

About the Author (Author Profile)

Siam Legal is an international law firm with experienced lawyers, attorneys, and solicitors both in Thailand law and international law. This Thailand law firm offers comprehensive legal services in Thailand to both local and foreign clients for Litigation such as civil & criminal cases, labor disputes, commercial cases, divorce, adoption, extradition, fraud, and drug cases. Other legal expertise of the law firm varied in cases involving corporate law such as company registration & Thailand BOI, family law, property law, and private investigation.

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