If you married in Thailand and both parties agree to the divorce, it’s as simple as going to any Amphur or District Office and filing for divorce. Both parties must go together, show them both copies of your marriage certificate, your passport, your Thai spouse’s ID card, and tell them that you want to divorce. They will ask you some questions, like have you children together and what have you decided for their future? Are there financial problems pending? They will fill out a form which you both sign. The divorce certificate is then issued; the marriage certificate was in portrait form while the divorce certificate is in landscape form. The fee is 50 baht. If the Thai wife took her husband’s name she must change her name and inform the Amphur where she has her name registered in the house registration, also, if she kept her maiden name but took on the title Mrs., she will have the option of either to change back to Miss or to maintain it as Mrs. If she wishes to change her title back to Miss, she will be required to go to the Amphur where her name was registered in the house registration. She must bring the divorce certificate with her to do so.IF LIVING OVERSEAS WHAT TO DO
If you are married and your spouse does not agree to a divorce in Thailand then you will need to obtain a judgment from the Court. You need to use a lawyer for these steps. You cannot remarry until the marriage has been annulled and you must be present in the Court in Thailand. While the lawyer will act with your power of attorney on your behalf to do the preliminaries you must appear at the final hearing in person. You are not permitted to have someone with a power of attorney acting for you at the final hearing. Therefore, if you marry in Thailand you must get divorced in Thailand. We can assist you if living abroad. We will act with your power of attorney and file with the Court on your behalf. You need to send us a copy of your passport, marriage certificate, Thai partner’s ID copy and as much information regarding your marriage, children, address of your last homes and circumstances surrounding the breakup including dates and circumstances when the separation took place. This is important. Once we have a Court date you must appear before the Court for this final stage but we will still be acting for you. Costs: approx standard fee is 30,000 baht excluding travel expenses but depending on the complexity of the divorce costs can by higher.SECTIONS OF THE ACT
When a couple divorces in Thailand all marital property (sin somros) is divided equally. personal property (sin suan tua) remains owned by the individual. Thus marital property is anything acquired during marriage by way of gift, purchase, or inheritance. Personal property is anything acquired before the marriage like a house, tools, equipment and any possessions. If both parties agree then the proceedings are straight forward.
Both parties are responsible for debts incurred from household affairs, education and medical bills. One can have a legal prenuptial agreement where property is subject to foreign laws. To be valid the prenuptial must be tendered at the marriage registration to be effective and signed by both parties and 2 witnesses. Most of these prenuptial agreements are between foreigners and Thais. Please see our page on prenuptial agreements for more information.
If one partner is employed, property is split equally. If the wife stays home and looks after the children she has the right to half even though she is not receiving payment. The parents divorcing can agree on who pays for the children’s education and day to day living expenses and maintenance. If they cannot agree the Court will rule and may also decide on living allowances based on the ability of the grantor and the status of the receiver.
If it is not possible to get a divorce in Thailand at the District Office in Bangkok if your spouse will not sign the agreement. In this case Sunbelt Asia Legal Advisors would need to go to the Thai court and file for divorce citing one of the following reasons for the divorce.
The husband has given maintenance to or honored another woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce; One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other: (a) to be seriously ashamed; (b) to be insulted/ hated during continuance of being a husband or wife of the spouse having committed the misconduct; or (c) to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce; One spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
One spouse has deserted the other for more than one year, the latter may enter a claim for divorce; one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce; The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
One spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead may enter a claim for divorce. One spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
One spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
One spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce; One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce; One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.
Contact us today if one of these reasons are why you would like to file for divorce in Thailand.
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