Divorce in Thailand is governed by the Civil and Commercial Code. The procedures may differ for Thai nationals and foreigners. It is important to be aware of the different types of divorce and the potential complexities involved.
Types of Divorce for Thai Citizens
When both parties to the divorce agree to the divorce and all of its terms, including how to divide the marital assets and who will have custody of the children, it is a pretty simple process. The procedure involves submitting a divorce petition to the neighborhood district office (Amphur) and showing up for a hearing to officially end the marriage. For Thai citizens, there are two main types of divorce:
- Uncontested Divorce
- Both parties agree to the divorce and its terms, including the division of assets and child custody.
- The process involves submitting a divorce petition to the neighborhood district office (Amphur) and attending a hearing to finalize the divorce.
- This type of divorce is relatively simple and straightforward when both parties are in agreement.
- Disputed Divorce
- When one or both parties cannot agree on the terms of the divorce, it becomes a more complex process known as a “contested divorce.”
- The procedure involves submitting a divorce petition to the court and attending multiple sessions to negotiate and discuss the terms of the divorce.
- If the parties are unable to reach an agreement, the court will make a decision on the terms of the divorce.
Considerations for Foreigners
Divorce proceedings in Thailand can present additional challenges for foreigners, including jurisdictional and immigration-related complications. It is crucial to seek legal counsel to understand the specific requirements and processes involved in obtaining a foreign divorce in Thailand, especially if one or both spouses are non-Thai citizens.
Grounds for Divorce in Thailand
In Thailand, divorce can only be obtained on specific grounds, such as:
- Adultery
- Desertion
- Grave misconduct
The court may require evidence to support these claims, and both parties must have valid reasons for seeking a divorce.
Navigating the Divorce Process
Getting a divorce in Thailand can be a difficult and complex process, particularly for foreigners. Here are some important considerations:
- Acquire legal counsel: Seek professional legal advice to understand the intricacies of Thai divorce law and to guide you through the process.
- Document preparation: Ensure that all necessary documentation is prepared accurately and in accordance with Thai legal requirements.
- Court proceedings: Attend court hearings and sessions as required and engage in negotiations or discussions in case of a disputed divorce.
- Language and translation: If you are not fluent in Thai, it may be necessary to have documents translated and to hire interpreters during court proceedings.
Conclusion
Divorce proceedings in Thailand can be challenging, especially for foreigners. Understanding the different types of divorce, the grounds for divorce, and the potential complexities involved is crucial. Seeking legal counsel and guidance throughout the process is strongly advised to navigate the divorce proceedings successfully.
